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: