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 (b) having arranged for the establishment of a Joint Selection Committee for such a purpose, is unwilling to transfer or promote an officer in accordance with the advice of the Committee; the Secretary may transfer or promote an officer to fill the vacant office under section 50. (7) A promotion of an officer under this section in accordance with the advice of a Joint Selection Committee: (a) shall be notified in the Gazette as a promotion made in accordance with the advice of a Joint Selection Committee; and (b) is not subject to appeal under section 50B or review under section 50DAA. (8) An officer who is transferred under subsection (1) shall be given notice in writing of the transfer. (9) Where a Joint Selection Committee has been constituted for the purpose of giving advice to a Secretary with respect to the filling of a vacant office under this section but, before the Committee gives advice with respect to the filling of that vacant office, a member of the Committee ceases to take part in the deliberations of the Committee, the Committee shall be reconstituted by the remaining 2 members and another member appointed or nominated in accordance with subsection (5). (10) For the purpose of giving advice to a Secretary with respect to the filling of a vacant office under this section, where the members of the Committee do not concur in advice: (a) if a majority of the members concur in the advice—the advice of the majority shall be deemed to be the advice of the Committee; and (b) in any other case—the advice of the Convenor of the Committee shall be deemed to be the advice of the Committee. (11) If: (a) a Joint Selection Committee has given advice to the Secretary in accordance with this section with respect to the filling of a vacant office (in this section referred to as the original office); and (b) either: (i) the person recommended by the Committee for promotion or transfer to the original office is not able to be promoted or transferred to the office; or (ii) within 6 months after the original office was filled in accordance with the advice of the Committee, the original office again becomes vacant or an identical office in the same Department becomes vacant; and (c) the advice of the Joint Selection Committee was that 2 or more applicants were suitable for promotion or transfer to the original office; and (d) the advice indicated an order of merit of those applicants; the Secretary may promote or transfer to the original office or the identical office, as the case may be, the applicant next in order of merit according to the advice. (12) Offices are identical for the purposes of subsection (11) if the classification, duties and location of the offices are the same. (13) For the purposes of subsection (7), the promotion of an officer under subsection (11) is to be taken to be in accordance with the advice of the Joint Selection Committee.