Public Service Act Amendment Act 1978 (Qld)

467 (1 nallshattt ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 61 of 1978 An Act to amend the PublicServiceAct 1922-1976 in certain particulars [ASSENTED TO 23RD OCTOBER, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Public Service Act Amendment Act 1978. (2) In this Act the Public Service Act1922-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Public Service Act1922-1978. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. New s. 22A. The Principal Act is amended by inserting after section 22 the following section:- " 22A. Promotion Appeal Committee . (1) A Promotion Appeal Committee may be constituted from time to time for the purposes of this Act and shall consist of a chairman and two other members. (2) The chairman shall be an officer appointed under this Act and he shall be the chairman at each meeting of the Committee:

468 Public Service Act Amendment Act 1978, No. 61 Provided that, whenever by illness or absence or unavailability through any other sufficient cause the chairman is not able to be the chairman at any meeting of the Committee, the Governor in Council may appoint another officer as chairman for such meeting, and such officer shall be the chairman at such meeting. (3) One of the other members shall be- (a) an officer of a department other than the department in which the promotion that is the subject of the meeting of the Committee has been made; and (b) selected by the Chairman of the Board. (4) The Board, after consultation with the unions of employees specified in section 35 (1), shall recommend to the Governor in Council a panel of officers for his approval. (5) The remaining member shall be selected by the chairman of the Committee from the panel of officers approved by the Governor in Council for the time being. (6) The Promotion Appeal Committee shall meet for the despatch of business as often as required. (7) The Board shall appoint an officer as secretary to the Committee or instruct an officer to act as secretary to the Committee, and the secretary shall convene all meetings of the Committee and keep a record of proceedings and of decisions of the Committee. (8) The three members of the Committee shall be present at the hearing and determination of each appeal, and all matters before the Committee may be decided, and all powers exercised, by a majority of the members.". 4. Repeal of and new s. 23. Section 23 of the Principal Act is repealed and the following section is substituted:- " 23. Appeal by officer against promotion of another . (1) Where a vacancy in or a new office created in a department is filled by the promotion (whether with or without transfer) of an officer of that or another department who has been nominated for appointment to fill such vacancy or new office by the permanent head of the department in which the vacancy occurred or the new office was created- (a) any officer, in a case where the promotion is to an office in respect of which the maximum salary of the classification thereof does not exceed the maximum salary of the classification designated with the symbol I-5 in Part I of the Schedule to the Public Service Award- State published in the Queensland Government Industrial Gazette dated 9 August 1971 and as varied from time to time; (b) any officer employed in the department in which the vacancy occurred or new office was created, in a case where the promotion is to an office in respect of which the maximum salary of the classification thereof exceeds the maximum salary of the classification designated with the symbol 1-5 as referred to in paragraph (a),

Public Service Act Amendment Act 1978, No. 61 469 who considers himself more entitled to the promotion than the officer who has been promoted may, in such manner and within such time as is prescribed, appeal against such promotion of such other officer. (2) An officer is not eligible to appeal against a promotion pursuant to subsection (1) if he did not apply for the vacant office or new office within the time for the receipt of applications for the filling thereof stated in the advertisement notifying that vacancy or new office and inviting applications for the filling thereof published in the Gazette or otherwise or if he did not comply with every other requirement contained in the advertisement. (3) An advertisement referred to in subsection (2) in relation to a vacant office or new office further stating that any vacancy consequential on the filling of that vacant office or new office may also be filled without further advertisement shall for the purpose, of this section be deemed to be an advertisement notifying that consequential vacancy and inviting applications for the filling thereof. (4) An appeal against promotion shall not lie- (a) (where it is prescribed that appeals shall not lie against a promotion to fill any vacancy in an office or new office or shall not lie against promotions to fill vacancies in offices of any class of offices or against promotions to fill new offices of any class of offices), against a promotion to fill a vacancy in the office or the new office so prescribed or, as the case may be, against a promotion to fill a vacancy in an office or a new office of the class so prescribed; (b) where, consequent on the success of his appeal, an appellant is promoted to fill the vacancy in an office or the new office the subject of his appeal unless, subsequent to the determination of the appeal, an advertisement notifying that vacancy or new office and inviting applications for the filling thereof is published in the Gazette or otherwise. (c) by an officer who, having attained the age of 65 years, has been continued in the Public Service under this Act. (5) If in any case the Governor in Council is of the opinion that an appeal against promotion is frivolous or vexatious, he may dismiss the appeal on the ground that it is frivolous or vexatious, and his decision in that respect shall be final and without appeal to any court or tribunal whatsoever. (6) An appeal dismissed by the Governor in Council pursuant to subsection (5) shall not be referred to the Board or the Promotion Appeal Committee for hearing and determination. (7) An appeal against promotion in any department other than the Department of the Public Service Board shall be to the Board, but the Board, in any case where the promotion is to an office in respect of which the maximum salary of the classification

470 Public Service Act Amendment Act 1978, No. 61 thereof does not exceed the maximum salary of the classification designated with the symbol 1-5 as referred to in subsection (1) (a), may refer the appeal to the Promotion Appeal Committee for hearing and determination, and that Committee shall hear and determine the same. (8) Where an appeal is so referred to the Promotion Appeal Committee, the Committee, in relation to the appeal in question, shall perform all the functions of the Board under this Act as if it was the Board and, with respect thereto, the provisions of this Act relating to the hearing of appeals by the Board, so far as the same can be applied, shall apply and be observed by the Committee. (9) (a) An appeal against promotion in the Department of the Public Service Board shall be to the Board which, however, in any such case shall, notwithstanding any other provision of this Act, be constituted by a judge of District Courts designated by the Governor in Council in that behalf sitting and acting alone. (b) The judge so designated shall constitute the Board and shall perform all the functions of the Board under this Act in relation to the appeal in question, and, with respect thereto, the provisions of this Act relating to the hearing of appeals by the Board, so far as the same can be applied, shall apply and be observed by such judge. (c) For the purposes of an appeal to which this subsection applies- (i) the judge shall be deemed to be the Chairman of the Board, and wherever in this Act reference is made to the Board in relation to such an appeal as consisting of more than one person such reference shall be deemed to be to such judge sitting and acting alone; and (ii) the clerk to such judge shall be deemed to be the secretary to the Board.". 5. Amendment of s. 23A. Section 23A of the Principal Act is amended by, in subsection (4), omitting the words "at any time up to the commencement of the hearing of the appeal " and substituting the words " within the prescribed time ". 6. Amendment of s. 51 . Section 51 of the Principal Act is amended by, in subsection (1), inserting in paragraph (xviid), after the words " the Board ", the words ", the Promotion Appeal Committee ".