(1)  If a Head of Agency requires duties to be performed in an Agency by the appointment of a person or the promotion of a permanent employee under section 37 to perform those duties, the Head of Agency is to advertise those duties in accordance with the Commissioner's Directions unless the Commissioner otherwise determines.

(2)  If the classification assigned to duties is varied in accordance with section 34(1)(d) , those duties are taken not to be assigned to an employee and are to be dealt with in accordance with subsection (1) .

(3)  The Head of Agency is to select, in accordance with the State Service Principles, a person or employee to perform the duties referred to in subsection (1) or (2) .

(4)  The Minister, subject to the outcome of an application for a review under section 50(1)(a) , is to appoint or promote under section 37(1) the person or employee selected by the Head of Agency to perform the duties.

(5)  If an employee has made application for a review to the Commissioner under section 50(1)(a) and the Commissioner directs under section 51 that the selection be undertaken again, no appointment is to be made under subsection (4) until that direction is complied with.