South Australian Current Acts South Australian Current Acts29—Other officers and firefighters
(1) SAMFS will have
such other officers and firefighters as the Chief Officer thinks fit to
appoint.
(2) The following
procedures will apply in relation to appointments under this section:
(a) if
the Chief Officer wishes to appoint a person to a position under this section,
the Chief Officer must first nominate that person for appointment;
(b) the
Chief Officer must then give notice of the nomination to all officers and
firefighters who are of the same rank as, or of a lower rank than, the
position to which the Chief Officer wishes to make the appointment;
(c) an
officer or firefighter who is entitled to notice of the nomination under
paragraph (b) may, within 14 days after the notice is given, apply to
SAET under Part 3 Division 1 of the
South Australian Employment Tribunal Act 2014 for a review of the
nomination;
(d) the
Chief Officer may confirm the nomination if no application is made within the
time allowed under paragraph (c) but if an application is so made within
such time then the Chief Officer must comply with any direction given by SAET
in the matter;
(e) in
relation to a review instituted under paragraph (c)—
(i)
SAET will, if the President of SAET so determines, sit
with supplementary panel members selected in accordance with Schedule 1;
and
(ii)
an applicant may appear personally or be represented by a
member of an industrial association to which the applicant belongs or by a
legal practitioner; and
(iii)
the Chief Officer may appear personally or be represented
by another officer of SAMFS or, if an applicant is being represented by a
legal practitioner, the Chief Officer may also be represented by a legal
practitioner; and
(iv)
SAET may, on hearing the review, confirm the appointment
of the person who has been nominated or direct the Chief Officer to revoke the
nomination and direct that an applicant be appointed to the position; and
(v)
in making its decision on a review, SAET must have regard
to the criteria (if any) relating to the appointment and promotion of officers
or firefighters that are contained in an award or industrial agreement that
applies in relation to the relevant position but, if no such criteria exist,
SAET must have regard to the qualifications, aptitude and conduct of the
person nominated for the position and of the applicant or applicants; and
(vi)
SAET may, in connection with the proceedings, award costs
against SAMFS but may not award costs against an applicant.
(3) For the purposes
of subsection (2), notice of a nomination will be taken to have been
given to an officer or firefighter if written notice of the nomination has
been displayed for not less than 7 days in a prominent place in the fire
station or workplace at which he or she is based.
(4) Subsection (2)
does not apply in relation to the appointment of a person to the lowest rank
in SAMFS.
(5) An appointment
under this section will be on terms and conditions determined by the
Chief Officer and approved by the Commission (on the basis that the
Chief Officer (and any successor) is the employer and subject to the
provisions of any award or industrial agreement).
(6) Nothing in this
section limits the ability of the Chief Officer to appoint a suitable person
to act in an office or position while the person appointed to that office or
position is absent or temporarily unable to act in that office or position, or
while that office or position is temporarily vacant.