50Transfers and promotions

##### 50 Transfers and promotions (1) The Secretary of a Department shall not, except in prescribed circumstances, fill, by promotion, a vacant office in the Department (other than an office of Secretary or a Senior Executive Service office) unless the Secretary has caused notification of the vacancy to be given in the Gazette. (3) The Secretary of the Department in which a vacant office to which subsection (1) applies exists may, subject to this Act, transfer or promote an officer to fill the vacant office. (4) Where an office to which subsection (1) applies is an office in relation to which there is in force for the time being a notice in writing given by the Board to the Secretary of the Department in which the office exists that the office is an office in relation to which this subsection is to apply, an officer shall not be transferred or promoted under subsection (3) or section 50DA to fill the vacant office unless the Board has approved the filling of the vacant office. (5) A promotion of an officer under subsection (3): (a) shall be notified in the Gazette; and (b) is subject to appeal under section 50B. (5A) An officer who is transferred under subsection (3) shall be given notice in writing of the transfer. (5B) Where: (a) a promotion of an officer purports to be notified in the Gazette; (b) the notification in the Gazette is inaccurate in a material respect; and (c) the Board approves, in writing, the taking of action under this subsection in relation to the promotion; the promotion may, within 21 days after the notification referred to in paragraph (a), be notified again in the Gazette and, where a promotion is so notified, the notification has effect for all purposes as if it had been made on the day on which the notification referred to in paragraph (a) occurred.