Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 32 Interpretation

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 32

PART V-THE AUSTRALIAN BROADCASTING CORPORATION SERVICE

Division 1-Preliminary

32. (1) In this Part-

''Chairman of Promotions Appeal Boards'' means a person holding office as a
Chairman of Australian Broadcasting Corporation Promotions Appeal Boards;

''classification'' means-

   (a)  in relation to a position-the salary, or the range of salary,
        applicable to the position; or

   (b)  in relation to an unattached officer-the salary, or the range of
        salary, applicable to the officer;

''officer'' means officer of the Corporation;
''prescribed day'', in relation to a promotion of an officer under section 36,
means the later of-

   (a)  a day ascertained in accordance with the rules, being a day occurring
        not earlier than the day of notification of the promotion in
        accordance with sub-section 36 (2); and

   (b)  the day on which the position to which the officer is promoted becomes
        vacant;

''promotion'', in relation to an officer, means a movement of the officer
within the Service for the purpose of his occupying a position in respect of
which a rate of salary is payable, or a maximum rate of salary is applicable,
that is higher than the rate of salary that was payable, or the maximum rate
of salary that was applicable, as the case may be, in respect of the position
occupied by him, or, in the case of an unattached officer, to or in respect of
him, immediately before the movement took place;

''temporary employee'' means temporary employee of the Corporation.

(2) In this Part, unless the contrary intention appears, a reference to a
vacant position includes a reference to a position that is expected to become
vacant and a reference to a vacancy includes a reference to a vacancy that is
expected to occur.

(3) In determining, for the purposes of this Part, which of 2 or more officers
has the greater or greatest efficiency for the purposes of promotion
to, or the performance of duties of, a position, ''efficiency'', in relation
to each such officer, shall be taken to mean the suitability of the officer
for the performance of duties of the kind to be performed in the position
concerned, having regard to the following matters:

   (a)  the capability of the officer to perform those duties;

   (b)  the standard of the work performed by the officer in other positions;

   (c)  any experience possessed by the officer relevant to the performance of
        those duties;

   (d)  the training and educational qualifications of the officer; and

   (e)  any personal qualities of the officer relevant to the performance of
        those duties, and, in the case of an officer who is or has been absent
        on prescribed defence service, includes such efficiency as, in the
        opinion of the Managing Director or a Promotions Appeal Board, as the
        case requires, the officer would have had but for the absence of the
        officer on prescribed defence service.

(4) The Managing Director may, by writing signed by him, declare that, in
assessing the efficiency of officers in relation to positions included in a
specified class of positions, greater weight may be given to one or more of
the matters referred to in paragraphs (3) (a) to (e) (inclusive), being a
matter or matters specified in the declaration, than to the other matter or
matters referred to in those paragraphs.
(5) In this section, ''prescribed defence service'' means-

   (a)  service in or in connection with the Defence Force that is declared by
        the rules to be prescribed defence service for the purposes of this
        section; and

   (b)  any other service that is declared by the rules to be prescribed
        defence service for those purposes.