Section
40 of the State Service Act 2000 (the Act)
makes provision for the Commissioner to approve
the promotion of a permanent employee without advertising.
Heads of Agencies may apply for approval for promotion
without advertising where it can be demonstrated
that special circumstances exist.
The
procedures to be followed in the application by
the Head of Agency to promote a permanent employee
without advertising are outlined in Section 10 of
Commissioner's Direction No.1 as outlined below:
10.1
Promotion of a permanent employee without advertising
is not to be made by the Head of Agency without
the approval of the Commissioner [Section 40 of
the Act]. A Head of Agency may apply for approval
for promotion without advertising where it can be
demonstrated that special and compelling circumstances
exist.
10.2
The Commissioner will consider the special and compelling
circumstances on a case-by-case basis and will normally
only approve promotion without advertising of one
classification level.
10.3
If the Commissioner approves the intention to promote
without advertising, the Head of Agency is to notify
that intention in the Gazette and allow 14 days
for any aggrieved employee to make application to
the Commissioner for a review of the intention to
promote without advertising [Section 50(1)(b) of
the Act].
10.4
If an employee makes application to the Commissioner
for a review and that application is determined
in favour of the applicant, the duties are to be
advertised in the Gazette.
10.5
If the Commissioner dismisses the application the
nominee is promoted to the new level and the promotion
is to be notified in the Gazette.
