C1998-107 Public Sector Management Act 1988

The Statute Law (Miscellaneous Provisions) Act (No 2) 1998 No 120 amends Section 26A of the Public Sector Management Act 1998 with effect from 26 November 1998.

Section 26A of the Public Sector Management Act 1998 provides that when a vacant position in the public service is advertised, the appropriate Department may create an eligibility list for the position, listing the applicants in order of Merit. Until now, the eligibility list remained current for six months after the position was advertised.

The amendment provides for an eligibility list to remain current 12 months after it was created (in the case of a base grade or entry level position) or 6 months after the list was created (in the case of other positions).

Base grade or entry level positions are defined in the amendments as 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.

It should be noted that an eligibility list is applicable not only to the position in relation to which it was created but also to any other position which 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.

Section 31(2) of the Public Sector Management Act requires vacancies to be

advertised except where the Public Employment Office (PEO) approves that a position need not be advertised. Where a Department Head proposes to make an appointment on the basis of a current eligibility list for an advertised non-SES position [or a position substantially the same in terms of section 26A(4)], the PEO's approval under section 31(2) of the Act that the position need not be advertised, may be regarded as having been given.

This Circular supersedes Circular 95-37. The Personnel Handbook will be amended accordingly.

C. Gellatly
Director-General