Part 5 Other provisions concerning staff
348 Advertising of staff positions
(1) When it is proposed to make an appointment to a position within
the organisation structure of the council, the position must be advertised in
a manner sufficient to enable suitably qualified persons to apply for the
(2) If the position is a senior staff position, the requirement of
this section is satisfied if the position is advertised at least twice in a
daily newspaper circulating throughout the State.
(3) This section does not apply to:
(a) the re-appointment, under a new contract, of a senior staff
(b) the appointment of an employee if the term of employment is
(i) not more than 12 months, or
(ii) two or more periods that together are not more than 12 months in
any period of 2 years.
349 Appointments to be on merit
(1) When the decision is being made to appoint a person to a
(a) only a person who has applied for appointment to the position may
be selected, and
(b) from among the applicants eligible for appointment, the applicant
who has the greatest merit is to be selected.
(2) The merit of the persons eligible for appointment to a position is
to be determined according to:
(a) the nature of the duties of the position, and
(b) the abilities, qualifications, experience and standard of work
performance of those persons relevant to those
(3) In determining the merit of a person eligible for appointment to a
position, regard is to be had to the objects of Part 4 of this Chapter (see
350 Appointments to which secs 348 and 349 do not
Sections 348 and 349 do not apply to:
(a) an appointment by way of demotion, or
(b) an appointment by way of lateral transfer, unless the council
decides that those sections are to apply to the
351 Temporary appointments
(1) If a position (including a senior staff position) within the
organisation structure of the council is vacant or the holder of such a
position is suspended from duty, sick or absent:
(a) the council, in the case of the general manager’s position,
(b) the general manager, in the case of any other
may appoint a person to the position
(2) A person who is appointed to a position temporarily may not
continue in that position:
(a) if the holder of the position is on parental leave—for a
period of more than 24 months, or
(b) in any other case—for a period of more than 12
352 Independence of staff for certain purposes
(1) A member of staff of a council is not subject to direction by the
council or by a councillor as to the content of any advice or recommendation
made by the member.
(2) This section does not prevent the council or the mayor from
directing the general manager of the council to provide advice or a
353 Other work
(1) The general manager must not engage, for remuneration, in private
employment or contract work outside the service of the council without the
approval of the council.
(2) A member of staff must not engage, for remuneration, in private
employment or contract work outside the service of the council that relates to
the business of the council or that might conflict with the member’s
council duties unless he or she has notified the general manager in writing of
the employment or work.
(3) The general manager may prohibit a member of staff from engaging,
for remuneration, in private employment or contract work outside the service
of the council that relates to the business of the council or that might
conflict with the member’s council duties.
(4) A member of staff must not engage, for remuneration, in private
employment or contract work outside the service of the council if prohibited
from doing so under subsection (3).
354 Restriction on appointment of a former mayor or
(1) A person who has held civic office in relation to a council must
not be appointed to any paid position on the staff of the council within 6
months after ceasing to hold the office.
(2) A purported appointment in contravention of this section is
354A Ministerial approval for certain termination payments to
(1) A council must not make a payment to the general manager or other
senior staff member of the council in relation to his or her termination of
employment (including termination on the ground of redundancy) without first
obtaining the Minister’s approval to the
(2) The Minister may refuse to approve a payment under subsection (1)
if the Minister is not satisfied the payment is
(3) A payment referred to in subsection (1) that is made without the
(a) is to be repaid to the council, and
(b) is a debt due to the council recoverable by the council or the
Minister in any court of competent jurisdiction.
(4) Subsection (1) does not apply to payments of a kind exempted from
this section by the regulations.
(5) To remove doubt, this section extends to:
(a) a termination payment made under a contract and to an ex gratia
termination payment, and
(b) a termination payment made under a contract entered into before
the commencement of this section.