Division 4Division 4 Officers (other than Department Heads and senior executive officers)
22 Officers to whom Division applies
(1) This Division applies to and in respect of appointments to positions in the Public Service, but does not apply to or in respect of appointments to:(a) chief executive positions, and(b) except in the case of sections 26, 26A and 31—senior executive positions.(2) Sections 35–37 do not apply to officers holding positions referred to in subsection (1) (a) or (b).
24 Filling of vacant positions
(1979 Act, s 60)
If a vacancy exists in a position in a Department and the appropriate Department Head decides that it is expedient to fill the vacancy, the position may, subject to and in accordance with this Division, be filled:(a) by the appointment, by way of transfer or promotion, of an officer, or(b) by the appointment of a person who, immediately before his or her appointment, was not an officer.
(1979 Act, s 61)
(1) An appointment (whether by way of transfer or promotion or otherwise) to a position in the Public Service shall be made by the Governor on the recommendation of the appropriate Department Head.(2) Subsection (1) is subject to any express provision to the contrary in this or any other Act.
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.
(1) When a vacant position is advertised in accordance with this Act, the appropriate Department Head may, in connection with a determination of the merit of the persons eligible for appointment to the position, create an eligibility list for the position.(2) An eligibility list for a position is a list of eligible applicants (namely the persons who duly applied for appointment to the position and are eligible for appointment) arranged in order of merit (with merit determined by the appropriate Department Head in accordance with section 26 (1)). An eligibility list for a position remains current:(a) in the case of a list prepared in relation to a base grade or entry level position, for 12 months after the list was created, or(b) in the case of a list prepared in relation to a position that is not a base grade or entry level position, for 6 months after the list was created.(3) An eligibility list need not comprise all the eligible applicants so long as the applicants on the list are those of greatest merit. An eligibility list may even comprise only one eligible applicant so long as that applicant is the applicant of greatest merit.(4) An eligibility list is applicable not only to the position in relation to which it was created but also to any other position that the appropriate Department Head 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.(5) In deciding to make a recommendation for the appointment of a person to a vacant position that has not been advertised in accordance with this Act, the appropriate Department Head may (despite section 26 (3)) select from among the persons who are on an eligibility list that is current and applicable to the position (and who are available for appointment) the person with the greatest merit according to the order of merit in the eligibility list.(6) In this section:base grade or entry level position, in relation to a Department, means a position to which no officer in the Department, employed in the same classification of work as that to which the position relates, could be promoted.
27 Legal proceedings not to be brought in respect of appointments etc
(1979 Act, s 65A (1)–(3), (6))
(1) The appointment or failure to appoint a person to a vacant position in the Public Service, 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.(2) Subsection (1) applies whether or not any person has been appointed to the vacant position.(3) 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 position in the Public Service, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.(4) Subsection (3) does not affect the operation of the Government and Related Employees Appeal Tribunal Act 1980.
(1979 Act, s 68)
(1) Subject to this Division, every person admitted to the Public Service as an officer shall, in the first instance, be appointed to a position on probation for a period of 6 months or such longer period as the appropriate Department Head directs.(2) A person may be appointed to a position in the Public Service without being required to serve such a period of probation if the Department Head thinks it appropriate in the particular case.(3) The period for which a person is appointed on probation may not exceed 2 years without the approval of the Public Employment Office.
29 Confirmation or annulment of appointments on probation
(1979 Act, s 69)
(1) If a person is appointed to a position on probation under section 28, the Governor may, on the recommendation of the appropriate Department Head based on inquiry and report:(a) after the period of probation—confirm the appointment, or(b) during or after the period of probation—annul the appointment.(2) If a person’s appointment is annulled under subsection (1), the person ceases to be an officer, unless appointed to another position as an officer.(3) Section 75 does not prevent the Governor from exercising at any time the power to annul an appointment under subsection (1).
30 Appointment of retired officers
(1979 Act, s 70)
(1) An officer who has been retired from the Public Service or whose services have been dispensed with under section 51 may be appointed to a vacant position.(2) An appointment under this section shall be made by the Governor on the recommendation of the appropriate Department Head.(3) An appointment under this section may be made without examination or probation.(4) (Repealed)
(1979 Act, s 71)
(1) If it is proposed to make an appointment under this Division to a vacant position in a Department, the Department Head shall advertise the vacancy in the Public Service Notices and in such other publication (if any) as the Department Head determines.(2) The Department Head need not advertise a vacant position if the Public Employment Office so approves.
32 Publication of decisions to make recommendations for in-service appointments
(1979 Act, s 72)
(1) The appropriate Department Head shall cause to be published in the Public Service Notices in accordance with section 19 of the Government and Related Employees Appeal Tribunal Act 1980 particulars of any decision of the Department Head to make a recommendation to the Governor to appoint an officer to fill a vacant position.(2) An officer who:(a) is proceeding on duty outside the State for a period exceeding 6 weeks or on leave for a period exceeding 6 weeks, and(b) has made application to the appropriate Department Head,is entitled to have sent to the officer during that period by the Department Head, by post addressed to the officer at the address specified in that application, a copy of all Public Service Notices published during that period.
(1979 Act, s 75)
If:(a) a position in a Department is vacant, or(b) the holder of such a position is suspended from duty, sick or absent,the Department Head may appoint an officer to the position temporarily.
34 Restriction on temporary appointment
(1979 Act, s 76)
(1) An officer who is appointed to a position temporarily may not continue in that position for a period of more than 6 months except with the approval of the Public Employment Office.(2) The Public Employment Office shall not give an approval for the purpose of subsection (1) unless satisfied that it should be given having regard to the exigencies of the Public Service.
36 Incapable officer may be retired
(1979 Act, s 78)
If:(a) an officer employed in a Department is found to be unfit to discharge or incapable of discharging the duties of the officer’s position, and(b) the officer’s unfitness or incapacity:the Governor may, on the recommendation of the appropriate Department Head, cause the officer to be retired.(i) appears likely to be of a permanent nature, and(ii) has not arisen from actual misconduct on the part of the officer, or from causes within the officer’s control,
(1979 Act, s 79)
(1) An officer’s position becomes vacant if the officer:(a) dies, or(b) is removed, or retires or is retired, from the position in accordance with this Division, or(c) resigns the position in writing addressed and delivered to the appropriate Department Head and that Department Head accepts the resignation.(2) This section does not affect any other provision by or under which an officer’s position becomes vacant.