New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 19

19 Merit appointment

(1988 Act ss 15, 26)

(1) A Department Head is, for the purpose of determining the merit of the persons eligible for appointment to a vacant position under this section, to have regard to:

(a) the nature of the duties of the position, and

(b) the qualifications, experience, standard of work performance and capabilities of those persons that are relevant to the performance of those duties.

(2) In deciding to appoint a person to a vacant position that has been advertised in accordance with this Part:

(a) the appropriate Department Head may only select a person who has duly applied for appointment to the vacant position, and

(b) the appropriate Department Head must, from among the applicants eligible for appointment to the vacant position, select the applicant who has, in the opinion of the Department Head, the greatest merit.

(3) In deciding to appoint a person to a vacant position in a Department that has not been advertised in accordance with this Part:

(a) the appropriate Department Head may only select a qualified member of staff of the Department, and

(b) the appropriate Department Head must, from among those qualified members of staff, select the member of staff who has, in the opinion of the Department Head, the greatest merit.

(3A) For the purposes of subsection (3), a "qualified member of staff of a Department" is:

(a) an officer employed in the Department, or

(b) a Departmental temporary employee who is employed in the Department and whose employment as such an employee in that or any other Department falls within a continuous period of at least 2 years.

(4) Despite anything to the contrary in this section, the appropriate Department Head may decide to appoint a person (whether or not an officer or a Departmental temporary employee) to a vacant position that has not been advertised if:

(a) the person has, in accordance with the regulations, passed a competitive examination prescribed for appointment to vacant positions of the class to which that vacant position belongs, or

(b) the person is qualified for appointment in accordance with procedures prescribed by the regulations for entry to positions in the Public Service in special cases.

(5) In the case of a vacant senior executive position, a Department for the purposes of the application of subsection (3) includes all senior executive positions in the Public Service or the Teaching Service and all notional executive positions referred to in section 77 (3) (c) in the Public Service or the Teaching Service.