Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 53 Managing Director to attempt to redeploy declared employees

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 53

53. (1) Where the Managing Director makes, or receives a copy of, a
redeployment declaration in respect of an employee, the Managing Director
shall take such action as he considers reasonable and practicable for him to
take to redeploy the employee in the employment of the Corporation on duties
that the Managing Director considers the employee is competent to perform and
can reasonably be required to perform.

(2) The Managing Director-

   (a)  shall, as soon as practicable after the commencement of this
        Subdivision, publish, as prescribed by the rules, a notice setting out
        principles in accordance with which he will perform his functions
        under sub-section (1) with respect to declared employees generally or
        with respect to employees included in a specified class of
        declared employees, being principles that he considers it desirable
        that he should comply with for the purpose of facilitating the
        achievement of the first object of this Subdivision by the
        Corporation; and

   (b)  may, from time to time, publish, as prescribed by the rules-

        (i)    a notice varying principles set out in a notice or notices
               published by him under this sub-section; or

        (ii)   a notice revoking principles set out in a notice or notices
               published by him under this sub-section and setting out new
               principles in substitution for the principles so revoked.

(3) In determining what action to take under sub-section (1) in respect of a
declared employee, the Managing Director shall give effect to any principles
set out in a notice under sub-section (2) that are applicable in the case of
the employee.

(4) Subject to sub-section (3), the Managing Director shall, in determining
what action to take under sub-section (1) in respect of a declared employee,
have regard to-

   (a)  matters related to the efficient operation of the Corporation and to
        the efficient and economical use of its employees;

   (b)  the feasibility, having regard to the first object of this
        Subdivision, of re-training the employee with a view to his becoming
        employed by the Corporation on work for which he has been re-trained;

   (c)  the educational standard attained by, and any professional, technical
        or other special qualifications possessed by, the employee concerned;

   (d)  the interests of the employee concerned; and

   (e)  the interests of officers and temporary employees.

(5) The Managing Director shall not take action under sub-section (1) in
relation to a redeployment declaration made under section 50 in respect of an
employee unless-

   (a)  the employee has waived his right to appeal against the declaration or
        the time within which the employee may appeal against the declaration
        has expired and no such appeal has been instituted; or

   (b)  if such an appeal has been instituted-

        (i)    the appeal has been heard and determined and the declaration
               has been confirmed; or

        (ii)   the appeal has been withdrawn.

(6) When the Managing Director has complied with sub-section (1) in respect of
an employee, the Managing Director shall-

   (a)  if he has redeployed the employee-notify the employee, in writing,
        accordingly and revoke the redeployment declaration in respect of the
        employee; or

   (b)  in any other case-issue a certificate in writing certifying that it
        has not been practicable to redeploy the employee, and furnish a copy
        of the certificate to the employee.

(7) A certificate under paragraph (6) (b) in respect of an employee shall
state the reason for which the employee was declared to be eligible for
redeployment.