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Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 56 Appeals

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 56

Appeals

56. (1) An employee may appeal to the Tenure Appeal Board against-

   (a)  the making of a redeployment declaration under section 50 in respect
        of the employee;

   (b)  a refusal to make a redeployment declaration under section 51 in
        respect of the employee;

   (c)  the issue of a certificate under section 53 in respect of the
        employee; or

   (d)  action taken under this Subdivision by way of the redeployment of the
        employee in the employment of the Corporation.

(2) Where an employee appeals to the Tenure Appeal Board under sub-section
(1), the Tenure Appeal Board shall hear and determine the appeal and may-

   (a)  in the case of an appeal against the making of a redeployment
        declaration under section 50-

        (i)    confirm the declaration;

        (ii)   revoke the declaration; or

        (iii)  revoke the declaration and make a redeployment declaration in
               respect of another employee under sub-section (6);

   (b)  in the case of an appeal against a refusal to make a redeployment
        declaration under section 51-

        (i)    confirm the refusal to make a redeployment declaration; or

        (ii)   make a declaration declaring the employee to be eligible for
               redeployment in accordance with this Subdivision;

   (c)  in the case of an appeal against the issue of a certificate under
        section 53-confirm or revoke the certificate; or

   (d)  in the case of an appeal against action taken by way of the
        redeployment of an employee-

        (i)    confirm the taking of the action; or

        (ii)   set aside the taking of the action and remit the matter to the
               Managing Director for the Managing Director to take such other
               action by way of the redeployment of the employee as the
               Managing Director thinks fit.

(3) Where the Tenure Appeal Board hears an appeal against the making of a
redeployment declaration made under section 50 in respect of an employee, the
Tenure Appeal Board shall, in determining the appeal, apply the criteria set
out in a notice under section 49 that were applicable to the decision by the
Managing Director to make the declaration.

(4) Where the Tenure Appeal Board hears an appeal against the issue of a
certificate under section 53 or against the taking of action by way of the
redeployment of an employee, the Tenure Appeal Board shall determine the
appeal in accordance with the principles, if any, set out in a notice under
sub-section 53 (2) to which the Managing Director was required by sub-section
53 (3) to give effect and shall have regard to the matters to which the
Managing Director was required by sub-section 53 (4) to have regard in
relation to the issue of the certificate or the taking of the action, as the
case may be.

(5) Where a declared employee, being an employee in respect of whom a
redeployment declaration has been made by reason that he is included in a
class of employees employed by the Corporation that comprises a greater number
of employees than is necessary for the efficient and economical working of the
Corporation, appeals to the Tenure Appeal Board against the making, under
section 50, of that declaration in relation to him, the Tenure Appeal Board
may, at the request of the employee or of the Corporation, join all or any of
the employees included in that class as parties to that appeal.

(6) Where the Tenure Appeal Board hears an appeal by a declared employee
against the making of a redeployment declaration under section 50 in respect
of the employee, the Tenure Appeal Board may, if it is satisfied that a
redeployment declaration should have been made in respect of another employee
(being an employee who has been joined as a party to the appeal under
sub-section (5)) instead of in respect of that declared employee, determine
the appeal by revoking the declaration made in respect of that declared
employee and making a declaration declaring that other employee to be eligible
for redeployment in accordance with this Subdivision.

(7) The Tenure Appeal Board may, upon hearing and determining an appeal under
this Subdivision, furnish to the Managing Director any comments that the
Tenure Appeal Board deems it desirable to make with respect to the
administrative procedures set out in a notice under section 49, or the
principles set out in a notice under section 53, that were relevant to the
appeal.

(8) Where the Tenure Appeal Board revokes a certificate issued under section
53 in respect of an employee, section 53 applies to and in relation to the
employee as if the certificate had not been issued.

(9) Where the Tenure Appeal Board sets aside action taken by way of the
redeployment of an employee, section 53 applies to and in relation to the
employee as if the action had not been taken.

(10) Where the Tenure Appeal Board makes a decision on an appeal under this
section, the decision shall be in writing and shall set out the findings by
the Tenure Appeal Board on material questions of fact, refer to the evidence
or other material on which those findings were based and give the reasons for
the decision.

(11) Where the Tenure Appeal Board sets aside the taking of action by way of
the redeployment of an employee, the Managing Director shall take such action
as is necessary to restore the situation, in relation to his employment, that
existed immediately before he was redeployed.