(3) Advertising
vacancies If it is proposed to make an appointment to a vacant
senior position, the Secretary must advertise the vacancy in such manner as
the Secretary thinks appropriate. Without limiting the manner in which the
vacancy is advertised, the advertisement is to be in a form that is accessible
to persons who are not employed in the Teaching Service.
(4) Merit
appointment Appointments to vacant senior positions are to be made by the
Secretary on the basis of the merit of the applicants for appointment.
(5)
Determining merit of applicants For the purpose of determining the merit of
persons eligible for appointment to a vacant senior position, the Secretary is
to have regard to:
(b) the
abilities, qualifications, experience, standards of work performance and
personal qualities of those persons that are relevant to the performance of
those duties.
(6) Selection process In deciding to appoint a person to a
vacant senior position:
(a) the Secretary may only select a person who has
applied for appointment to the vacant position, and
(b) the Secretary must,
from among the applicants eligible for appointment to the vacant position,
select the applicant who has, in the opinion of the Secretary, the greatest
merit.
(7) Appointment from eligibility list Despite subsection (3), the
Secretary need not advertise a vacant senior position if the Secretary
proposes to make an appointment to the position from an eligibility list
created by the Secretary in relation to the position (being of a list of those
persons who applied for appointment to the position and who are eligible for
appointment but not selected for appointment, as arranged in order of merit as
determined in accordance with subsection (5)).
(8) Any such eligibility list
is applicable not only to the position in relation to which it was created but
also to any other position that the Secretary determines it should be
applicable to on the basis that the position is substantially the same as the
position in relation to which the list was created.
(9) Industrial relations
jurisdiction excluded The appointment or failure to appoint a person to a
vacant senior position, or any matter, question or dispute relating to such an
appointment or failure, is not an industrial matter for the purposes of the
Industrial Relations Act 1996. This subsection applies whether or not any
person has been appointed to the vacant senior position.
(10) Other legal
proceedings excluded No proceedings, whether for an order in the nature of
prohibition, certiorari or mandamus or for a declaration or injunction or for
any other relief, lie in respect of the appointment or failure to appoint a
person to a senior position, the entitlement or non-entitlement of a person to
be so appointed or the validity or invalidity of any such appointment.
(11)
Subsection (10) does not affect the operation of section 60.