Part 5Part 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 position.(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 member, or(b) the appointment of an employee if the term of employment is for:(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 position:(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 duties.(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 section 344).
350 Appointments to which secs 348 and 349 do not apply
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 appointment.
(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, or(b) the general manager, in the case of any other position,may appoint a person to the position temporarily.(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 months.
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 recommendation.
(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 councillor
(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 void.
354A Ministerial approval for certain termination payments to senior staff
(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 payment.(2) The Minister may refuse to approve a payment under subsection (1) if the Minister is not satisfied the payment is appropriate.(3) A payment referred to in subsection (1) that is made without the Minister’s approval:(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.