Australian Capital Territory Numbered Acts

PUBLIC SECTOR MANAGEMENT AMENDMENT ACT 2011 (NO. 1 OF 2011) - SECT 26

substitute

143     Redeploy or retire officer from service

    (1)     This section applies to an officer if the relevant chief executive for the office is satisfied on reasonable grounds that the officer—

        (a)     is unable to perform duties appropriate to the officer's classification because of physical or mental incapacity; or

        (b)     is not qualified to perform the officer's duties; or

        (c)     is an excess officer.

    (2)     The relevant chief executive must take reasonable steps to identify a vacant position in the chief executive's administrative unit that the officer is capable of performing and qualified to fill.

    (3)     If the chief executive identifies a position under subsection (2) the chief executive must—

        (a)     offer the position to the officer; and

        (b)     if the officer consents to be redeployed—redeploy the officer to the position.

    (4)     The relevant chief executive must refer the matter to the commissioner if—

        (a)     the chief executive does not identify a position under subsection (2); or

        (b)     an officer is offered a position under subsection (3) and does not consent to be redeployed.

    (5)     If a matter is referred under subsection (4) the commissioner must take reasonable steps to identify a vacant position in the service that the officer is capable of performing and qualified to fill.

    (6)     If the commissioner identifies a position under subsection (5) the commissioner must—

        (a)     offer the position to the officer; and

        (b)     if the officer consents to be redeployed—redeploy the officer to the position.

    (7)     The commissioner must refer the matter back to the relevant chief executive if—

        (a)     the commissioner does not identify a position under subsection (5); or

        (b)     an officer is offered a position under subsection (6) and does not consent to be redeployed.

    (8)     On receiving a referral under subsection (7) the relevant chief executive may give the officer written notice of—

        (a)     the relevant chief executive's intention to—

              (i)     reduce the officer's classification; or

              (ii)     retire the officer from the service; and

        (b)     the proposed date of effect of the reduction or retirement.

    (9)     A decision to give a notice under subsection (8) is an appellable decision.

144     Date of effect of redeployment or retirement

    (1)     If the officer agrees with the action proposed under section 143 (8) the date of effect of the action is—

        (a)     for an officer unable to perform duties appropriate to the officer's classification because of physical or mental incapacity—a day agreed in writing between the officer and the relevant chief executive; or

        (b)     for an officer not qualified to perform duties or an excess officer—a day not earlier than the day the notice was given under section 143 (8) that is agreed in writing between the officer and the relevant chief executive.

    (2)     If the officer does not agree with the action proposed under section 143 (8) the date of effect of the action is—

        (a)     for an officer unable to perform duties appropriate to the officer's classification because of physical or mental incapacity—

              (i)     if an industrial instrument applies to the officer and states a retention period for the circumstances—the day after the end of the retention period; or

              (ii)     if paragraph (i) does not apply—the latest of the following:

    (A)     the day stated in the notice given under section 143 (8);

    (B)     the day 1 month after the day the notice under section 143 (8) was given to the officer;

    (C)     if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn;

    (D)     if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided; and

        (b)     for an officer not qualified to perform duties—the latest of the following:

              (i)     the day stated in the notice given under section 143 (8);

              (ii)     the day 1 month after the day the notice under section 143 (8) was given to the officer;

              (iii)     if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn;

              (iv)     if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided; and

        (c)     for an excess officer—

              (i)     if an industrial instrument applies to the officer and states a retention period for the circumstances—the day after the end of the retention period; or

              (ii)     if paragraph (i) does not apply—the latest of the following:

    (A)     the day stated in the notice given under section 143 (8);

    (B)     the day 1 month after the day the notice under section 143 (8) was given to the officer;

    (C)     if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn;

    (D)     if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided.