AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 33 Time when retirement on invalidity grounds takes effect

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 33

AFP employee consents to retirement

  (1)   If an AFP employee has consented to being retired under subsection   32(1), the employee's retirement takes effect on the day specified in the notice under that subsection. The day specified must not be before the day on which the notice is given to the employee.

AFP employee does not consent to retirement

  (2)   If an AFP employee who is retired under subsection   32(1) has not consented to being retired under that subsection:

  (a)   the notice given to the employee under that subsection must inform the employee that the employee is entitled to apply, within the period, and in the manner, prescribed by the regulations, for review of the Commissioner's decision to retire the employee; and

  (b)   subject to the outcome of any such review, the employee's retirement takes effect on a day specified in the notice.

  (3)   The day specified in the notice must not be before the end of the period mentioned in paragraph   (2)(a).

Regulations

  (4)   The regulations may make provision in relation to the review of decisions of the Commissioner to retire AFP employees under subsection   32(1), where the employees have not consented to being retired under that subsection, including:

  (a)   the period within which, and the manner in which, AFP employees may apply for review of such decisions; and

  (b)   the powers available to a person or body conducting such a review; and

  (c)   if the regulations make provision for a person or body conducting such a review to make recommendations to the Commissioner--the Commissioner giving effect to such recommendations by confirming or revoking such decisions.

  (5)   Despite section   25D of the Acts Interpretation Act 1901 , if regulations under subsection   (4) make provision for a person or body conducting a review of decisions of a kind mentioned in that subsection to:

  (a)   give written reasons for any decision the person or body makes in relation to such a review; and

  (b)   give a copy of those reasons to the AFP employee concerned;

the regulations may also make provision in relation to:

  (c)   the exclusion from that copy of any information of a medical or psychiatric nature that the person or body thinks may be prejudicial to the employee's physical or mental health or well - being; and

  (d)   the employee nominating a medical practitioner to receive that information.