Commonwealth Numbered Acts

PUBLIC SERVICE LEGISLATION (STREAMLINING) ACT 1986 No. 153, 1986 - SECT 39

39. (1) Section 50A of the Principal Act is repealed and the following section
is substituted: Selection of officers for promotion

"50A. (1) For the purpose of exercising the power under sub-section 50 (3) or
section 50DA or 50DB to promote an officer to fill a vacant office, a
Secretary shall select the officer who is, in the opinion of the Secretary,
the most efficient of the officers who have applied for promotion to the
vacant office.

"(2) For the purpose of forming an opinion as to the most efficient of the
officers who have applied for promotion to a vacant office, the Secretary
shall have regard to-

   (a)  the abilities, qualifications, experience, standard of work
        performance and personal qualities of each officer, to the extent that
        the Secretary considers that those matters are relevant to the
        performance of the duties of the office; and

   (b)  the potential of each officer for further career development in the
        Service, and the ability of each officer to perform the duties of
        other offices in the Department of the same or equal classification,
        to the extent (if any) that the Secretary considers that those matters
        are relevant to the selection of an officer to hold the office.

"(3) A reference in sub-section (2) to the abilities, qualifications,
experience, standard of work performance, personal qualities, potential for
further career development in the Service, or ability to perform the duties of
other offices in a Department is, in relation to an officer who is a returned
soldier or who is or has been absent on specified defence service, a reference
to the abilities, qualifications, experience, standard of work performance,
personal qualities, potential for future career development in the Service, or
ability to perform the duties of the offices concerned that, in the opinion of
the Secretary, the officer would have had but for the absence of the officer
on active service or on specified defence service.".

(2) Notwithstanding the repeal made by sub-section (1), section 50A of the
Principal Act continues to apply in relation to-

   (a)  the filling of a vacancy notified in the Gazette before the
        commencement of this section; and

   (b)  the filling of a vacancy that was not notified in the Gazette, where
        the interviewing of applicants for promotion or transfer to the vacant
        office began before the commencement of this section.