Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 38 Promotion of officers who complete courses of training for special positions

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 38

38. (1) The Board may, by notice in writing published as prescribed by the
rules, determine that-

(a) a specified position (in this section referred to as a ''training
position'') is a position the occupant of which is required to undergo a
course of training approved by the Managing Director for the purpose of
enabling him to perform duties that require professional, technical or other
knowledge; and

   (b)  an officer who has completed that course of training to the
        satisfaction of the Managing Director is entitled to occupy a position
        (in
this section referred to as the ''relevant higher position'') having a
designation and classification that is specified in the determination.

(2) If an officer is transferred or promoted under section 36 to a training
position, another officer-

   (a)  who holds a position the classification of which is not higher than
        the classification of the relevant higher position; or

   (b)  who, being an unattached officer, performs duties in respect of which
        there is payable to him a salary that is, or the maximum rate of which
        is, not higher than the salary or the maximum rate of salary
        applicable to the relevant higher position, may appeal against the
        transfer or promotion of that first-mentioned officer to the
        training position.

(3) An appeal referred to in sub-section (2) shall be made under section 39
and, for all purposes of that appeal-

   (a)  in a case where the appeal is an appeal against the transfer of an
        officer to a training position-

        (i)    references in this Part to the promotion of that officer shall
               be read as references to the transfer of that officer to the
               training position;

        (ii)   references in this Part to the cancellation of the promotion of
               that officer shall, in a case where, immediately before that
               officer was transferred to the training position, he occupied
               another position, be read as references to the transfer of that
               officer back to that other position; and

        (iii)  references in this Part to the cancellation of the promotion of
               that officer shall, in a case where, immediately before that
               officer was transferred to the training position, he was an
               unattached officer performing specified duties, be read as a
               reference to that officer's being deemed again to have become
               an unattached officer and to his being required to perform
               those duties; and

   (b)  in a case where the appeal is an appeal by an officer in relation to
        whom it would constitute a transfer for him to occupy the training
        position-references in this Part to promotion of that officer shall be
        read as references to the transfer of that officer to the
        training position.

(4) Where there is a vacancy in a position that is, in relation to a
training position, a relevant higher position, the Managing Director shall-

   (a)  if, at the time when that relevant higher position becomes vacant, an
        officer who has completed that course of training is, by virtue of the
        operation of sub-section (7), an unattached officer-transfer that
        officer to that position under this section;

   (b)  if, at the time when the relevant higher position becomes vacant, 2 or
        more officers who have completed that course of training are, by
        virtue of the operation of sub-section (7), unattached
        officers-transfer to that position under this section whichever of
        those officers was the first so to become an unattached officer; or

   (c)  if, at the time when the relevant higher position becomes vacant, no
        officer who has completed that course of training is, by virtue of the
        operation of sub-section (7), an unattached officer-subject to
        sub-section (8), promote to that position under this section the first
        officer to complete that course of training.

(5) The promotion of an officer to a position under paragraph (4) (c) takes
effect on the day on which the promotion is made and salary at the rate
applicable to that office is payable to the officer on and from that day.

(6) Where 2 or more officers complete a course of training at the one time or
become, by virtue of the operation of sub-section (7), unattached officers at
the one time, they shall be treated, for the purposes of sub-section (4), as
having completed that course of training, or as having become unattached
officers, as the case requires, in a sequence of time corresponding to the
order of merit in which, on the assessment of the person or body conducting
the course of training, those officers completed the course.

(7) Where an officer who is entitled, upon completion of a particular course
of training to the satisfaction of the Managing Director, to occupy a relevant
higher position so completes that course of training but there is not, at the
time when he completes that course, a vacant relevant higher position, or a
vacant relevant higher position to which he is entitled under paragraph (4)
(c) to be promoted-

   (a)  he becomes forthwith, by force of this sub-section, an unattached
        officer who is required to perform duties corresponding to the duties
        of such a position; and

   (b)  he shall have the designation appropriate to the occupant of such a
        position and is entitled to be paid the salary that would, from time
        to time, be payable to him if he were the occupant of such a position.

(8) Nothing in sub-section (4) shall be taken to prevent the Managing Director
from promoting or transferring an officer under section 36 to a position to
which that sub-section relates at any time when there is no officer
immediately entitled to occupy that position in accordance with a
determination under sub-section (1).

(9) A transfer of an officer under section 36 to a vacant training position
shall be notified in the manner prescribed by the rules.

(10) Where an officer is transferred under section 36 from a position held by
him to a training position, no person shall be appointed or transferred to
that first-mentioned position, and no promotion to that first-mentioned
position shall take effect, until-

   (a)  if paragraph (b) does not apply-the period for appealing against the
        transfer of that officer to the training office expires without any
        appeal having been made; or

   (b)  if any such appeal is, or 2 or more such appeals are, made within that
        period-that appeal or each of those appeals has been determined or has
        become inoperative.