New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 19

19 Publication of notices

(1) An employer, having made a decision to appoint or recommend the appointment of a person to fill a vacant office or position in the establishment of the employer, shall:

(a) in the case of an employer who is a Department Head within the meaning of the Public Sector Employment and Management Act 2002 , if the person appointed or whose appointment is recommended is an officer within the meaning of that Act, or

(a1) in the case of an employer who is a Division Head (within the meaning of the Public Sector Employment and Management Act 2002 ) of a Division of the Government Service other than a Department, if the person appointed or whose appointment is recommended is an employee in that Division, or

(a2) in the case of an employer who is the Director-General of the Department of Health, if the person appointed or whose appointment is recommended is a member of the NSW Health Service employed in or in connection with a public health organisation or other division of that Service, or

(b) in the case of any other employer, if the person appointed or whose appointment is recommended is an employee of the employer,

cause particulars of the decision to appoint or recommend the appointment of the person to be published, not later than 14 days after the acceptance by the person of the appointment, in a notice and cause the notice to be distributed to the employees of the employer.

(1A) In the case of an employer referred to in subsection (1) (a2), the employees of the employer are, for the purpose of distributing the notice under subsection (1), those members of the NSW Health Service who are employed in or in connection with the public health organisation or other division of that Service in which the vacant office forms part.

(1B) A notice under subsection (1):

(a) may, without limiting the manner in which it may otherwise be published, appear on the NSW Government’s recruitment website, and

(b) is taken to have been distributed in accordance with subsection (1) if that website contains the notice and is made available to the employees of the employer.

(2) When a person has accepted an appointment, the employer shall cause notice in writing of:

(a) the fact of that person’s acceptance,

(b) the fact of publication of any notice given under subsection (1), and

(c) the date of any notice referred to in paragraph (b),

to be given, not later than 14 days after that acceptance, to every other person who applied unsuccessfully for the appointment (other than a person who withdrew his or her application).

(3) If, by or under any other Act, an employer is required to give notice of the particulars of a decision of the kind referred to in subsection (1), any such notice shall be deemed to be a notice under subsection (1) if given within the time limited by that subsection.

(4) A notice under subsection (1) (other than a notice to which subsection (3) or (5) applies) shall, where a form is prescribed, be in or to the effect of the prescribed form.

(5) The Senior Chairperson may, on application by an employer, permit notification under subsection (1) to be given to the employer’s employees in an approved form.