Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 46 Interpretation

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 46

Division 3-Redeployment and Retirement

Subdivision A-Preliminary

46. (1) In this Division, unless the contrary intention appears-

''appropriate duties'', in relation to an employee, means-

   (a)  in the case of an employee being an officer who occupies a position in
        the Service-duties appropriate to the classification applicable to
        that position;

   (b)  in the case of an employee being an unattached officer-duties
        appropriate to the classification applicable to him; or

   (c)  in the case of an employee being a temporary employee-duties
        appropriate to the salary, or range of salary, applicable to him;

''declared employee'' means an employee in respect of whom a redeployment
declaration is in force;

''employee'' means a person to whom, and in relation to whom, this Division
applies by virtue of section 47;

''redeployment declaration'' means an instrument under section 50 or 51, or a
declaration made by the Tenure Appeal Board under paragraph 56 (2) (b) (ii) or
sub-section 56 (6), declaring an employee to be eligible for redeployment in
accordance with Subdivision B.

(2) For the purposes of this Division, an employee is inefficient in relation
to the performance of his duties if he has not attained or sustained a
standard of efficiency that an employee can reasonably be expected to attain
or sustain in the performance of those duties.

(3) Without limiting the matters that may be taken into account for the
purpose of determining whether an employee has not, in the performance of his
duties, attained or sustained a standard of efficiency referred to in
sub-section (2), regard-

   (a)  shall be had to-

        (i)    any written selection criteria or job specifications applicable
               to those duties;

        (ii)   any duty statements describing those duties; and

        (iii)  any written work standards and instructions relating to the
               manner of performance of those duties; and

   (b)  may be had to-

        (i)    any written selection criteria or job specifications applicable
               to similar duties that other employees are required to perform;

        (ii)   any duty statements describing similar duties that other
               employees are required to perform; and

        (iii)  any written work standards and instructions relating to the
               manner of performance of similar duties that other employees
               are required to perform.

(4) For the purposes of this Division, an employee is not qualified to perform
his duties if, in relation to those duties-

   (a)  the employee has ceased to hold, or has become unable or ineligible to
        hold or to use and enjoy, an essential qualification; or

   (b)  a court, person, authority or body that is competent to do so has
        suspended, or has cancelled, revoked, rescinded or otherwise
        withdrawn, an essential qualification of the employee or the right of
        the employee to hold, or to use and enjoy, an essential qualification.

(5) In sub-section (4), a reference to an essential qualification, in relation
to an employee, is a reference to any statutory, professional, academic,
commercial, technical, trade, health or other qualification the holding of
which is a prerequisite to the practice of a profession, trade or calling, the
exercise of a right or the performance of a function or duty, being a
profession, trade, calling, right, function or duty that it is necessary for
that employee to practise, exercise or perform in the course of his employment
by the Corporation.