20   Eligibility lists

(1988 Act, ss 15, 26A)

(1)  When a vacant position is advertised in accordance with this Part, 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 who are eligible for appointment but not selected for appointment) arranged in order of merit (with merit determined by the appropriate Department Head in accordance with section 19 (1)).

(3)  An eligibility list for a position remains current for 12 months after the list was created.

(4)  An eligibility list need not comprise all the eligible applicants so long as the list contains the applicant or applicants of greatest merit.

(5)  An eligibility list is applicable not only to the position in relation to which it was created (the relevant position) but also:

(a)  to any other position in the Department that the appropriate Department Head determines the list should be applicable to on the basis that the other position is substantially the same as the relevant position, and

(b)  to any other position in another Department that the Department Head for that Department determines the list should be applicable to on the basis that the other position is substantially the same as the relevant position.

(5A)  Any such determination by the Department Head may be made at any time during the currency of the eligibility list.

(6)  In deciding to appoint a person to a vacant position that has not been advertised in accordance with this Part, the appropriate Department Head may, despite section 19 (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.

(7)  (Repealed)