50DATransfer or promotion on advice of Joint Selection Committee

50DA Transfer or promotion on advice of Joint Selection Committee

(1) Subject to subsection (4) and to subsection 50(4) and section 50J, the Secretary of a Department in which an office (other than an office of Secretary or a Senior Executive Service office) is vacant may, instead of transferring or promoting an officer to fill the vacant office under section 50, transfer or promote an officer to fill the vacant office under this section. (2) A transfer or promotion of an officer under this section shall be a transfer or promotion made in accordance with the advice of a Joint Selection Committee. (3) Where a Secretary proposes that a vacant office be filled by a transfer or promotion under this section, the Secretary shall:

(a) give notice in writing of the proposal to the organisation that is, in accordance with the regulations, the principal relevant staff organisation in relation to the office; and

(b) if there is another relevant staff organisation or there are other relevant staff organisations—give notice in writing of the proposal to the other relevant staff organisation or organisations, such notice to include a statement to the effect that a relevant staff organisation may, by notice in writing to the Secretary before the expiration of the period prescribed by the regulations for the purposes of this paragraph, object to the proposal.

(4) Where the principal relevant staff organisation consents to the proposal and:

(a) there is no other relevant staff organisation; or

(b) in a case to which paragraph (a) does not apply—no other relevant staff organisation objects to the proposal before the expiration of the period referred to in paragraph (3)(b);

the Secretary shall:

(c) cause notification of the vacancy, being a notification indicating that the Secretary proposes that the vacant office be filled by a transfer or promotion under this section, to be given in the Gazette; and

(d) arrange for the establishment of a Joint Selection Committee for the purpose of giving advice to the Secretary with respect to the filling of the vacant office.

(5) A Joint Selection Committee shall be constituted for the purposes of this section by:

(a) a Convenor nominated by the Agency;

(b) a person nominated by the Secretary of the Department in which the vacant office exists; and

(c) a person nominated by the organisation that is, in accordance with the regulations, the principal relevant staff organisation in relation to the office.

(6) If, for any reason, a Secretary:

(a) is unable to arrange for the establishment of a Joint Selection Committee for the purpose of giving advice to the Secretary with respect to the filling of the vacant office; or