New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC SECTOR MANAGEMENT ACT 1988 - SECT 26

26 Selection for appointment to be on merit

(1979 Act, s 62)

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

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

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

(2) In deciding to make a recommendation for the appointment of a person to a vacant position which has been advertised in accordance with this Act:

(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 make a recommendation for the appointment of a person to a vacant position which has not been advertised in accordance with this Act:

(a) the appropriate Department Head may only select an officer holding a position in the Department in which the vacant position exists at the time the decision of the Department Head is made, and

(b) the appropriate Department Head must, from among the officers holding positions in that Department, select the officer who has, in the opinion of the Department Head, the greatest merit.

(4) If the person recommended for appointment to a position under this section is an officer and some other officer has a right of appeal to the Tribunal against the recommendation, the recommendation must not be acted on (except by way of temporary appointment under section 33):

(a) until the expiration of the time for lodging a notice of such an appeal under the Government and Related Employees Appeal Tribunal Act 1980 against the Department Head’s decision to make the recommendation, or

(b) if such a notice of appeal is lodged within that time, until the Tribunal has determined the appeal or the appeal is withdrawn.

(5) Notwithstanding anything to the contrary in this section, the appropriate Department Head may decide to make a recommendation for the appointment of a person (whether or not an officer) to a vacant position which has not been advertised if 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.