50DBTransfer or promotion on advice of management‑initiated Joint Selection Committee

##### 50DB Transfer or promotion on advice of management‑initiated Joint Selection Committee (1) Subject to subsections (2) and (3), 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 or 50DA, transfer or promote an officer to fill the vacant office under this section. (2) A vacant office shall not be filled by a transfer or promotion under this section except in circumstances of a kind specified by the Board in a notification under paragraph 33A(1)(e). (3) Where a Secretary proposes that a vacant office be filled by a transfer or promotion under this section, the Secretary shall: (a) cause notice of the vacancy, and of the Secretary’s proposal that the office be filled by a transfer or promotion under this section, to be given in the Gazette; (b) notify the organisation that is, under the regulations, the principal relevant staff organisation of the Secretary’s proposal that the office be filled by a transfer or promotion under this section; and (c) 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 office. (4) 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) if, within the prescribed period after being notified under paragraph (3)(b), the principal relevant staff organisation nominates a person—that person. (5) A promotion or transfer of an officer made in accordance with the unanimous advice of the members of a Joint Selection Committee constituted for the purpose of this section shall be deemed to have been made under section 50DA, and a promotion so made is not subject to appeal under section 50B or review under section 50DAA. (6) Where a Joint Selection Committee constituted for the purposes of this section gives advice to a Secretary with respect to the filling of a vacant office and: (a) the Secretary promotes or transfers an officer to fill the vacant office otherwise than in accordance with the advice; or (b) the advice is not unanimous, but the Secretary transfers or promotes an officer to fill the vacant office; the promotion or transfer shall be deemed to have been made under section 50, and a promotion so made is subject to appeal under section 50B or review under section 50DAA, as the case requires. (7) A promotion of an officer under this section shall be notified in the Gazette, and the notice in the Gazette shall state whether or not the promotion is subject to appeal under section 50B or review under section 50DAA. (8) An officer who is transferred as mentioned in this section shall be given notice in writing of the transfer. (9) Where a Joint Selection Committee has been constituted for the purpose of giving advice under this section but, before the Committee gives that advice, the Convenor ceases to take part in the deliberations of the Committee, the Committee shall be reconstituted by the remaining members or member and another Convenor nominated by the Agency. (10) Where a Joint Selection Committee has been constituted for the purpose of giving advice under this section but, before the Committee gives that advice, the member of the Committee nominated under paragraph (4)(b) ceases to take part in the deliberations of the Committee: (a) if, within the prescribed period after the member so ceases to take part, the Secretary nominates another person—the Committee shall be reconstituted by the remaining members or member and that other person; or (b) in any other case, if there are 2 members of the Committee remaining—the Committee shall be reconstituted by the remaining members. (11) Where a Joint Selection Committee has been constituted for the purpose of giving advice under this section but, before the Committee gives that advice, the member of the Committee nominated under paragraph (4)(c) (if any) ceases to take part in the deliberations of the Committee, the Secretary shall notify the principal relevant staff organisation that the member has ceased to take part in those deliberations and: (a) if, within the prescribed period after being so notified by the Secretary, the principal relevant staff organisation nominates another person—the Committee shall be reconstituted by the remaining members and that other person; or (b) in any other case—the Committee shall be reconstituted by the remaining members. (12) If: (a) a Joint Selection Committee has given advice to a 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. (13) Offices are identical for the purposes of subsection (12) if the classification, duties and location of the offices are the same. (14) For the purposes of this section, the promotion of an officer under subsection (12) is to be taken to be in accordance with the advice of the Joint Selection Committee.