Local Government Act 1993

This section applies if either—

the following subparagraphs apply—

a staff transfer occurs in connection with the constitution of a new area, whether as a result of the amalgamation of two or more areas or otherwise, and

within 3 years after the transfer day, the general manager proposes to make an appointment to a position within the organisational structure of the council (the council), and

the general manager is satisfied that one or more of the transferred staff members are suitably qualified for the position, and

section 354G does not apply with respect to the position, or

the following subparagraphs apply—

a staff transfer occurs in connection with a boundary alteration, and

within 3 years after the transfer day, the general manager of a council (the council) affected by the boundary alteration proposes to make an appointment to a position within the organisational structure of the council, and

the general manager is satisfied that one or more of the staff members of the council who were, immediately before the transfer day, members of the staff of either or any of the affected councils are suitably qualified for the position, and

section 354G does not apply with respect to the position.

The council—

must notify its staff members of the position and give its staff members a reasonable opportunity to apply for the position, and

must not externally advertise the position.

Section 348 does not apply to an appointment to a position referred to in this section.