Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 11

11. (1) Where the Public Service Board receives a copy of a redeployment
declaration in respect of an employee, the Board shall take such action as it
considers reasonable and practicable for it to take to redeploy the employee
in the Australian Public Service, or to arrange for the redeployment of the
employee in the employment of a prescribed Commonwealth authority, on duties
which the Board considers he is competent to perform and can reasonably be
required to perform.

(2) The Public Service Board may, from time to time, publish in the Gazette-

   (a)  a notice setting out principles in accordance with which it will
        perform its 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 which the
        Board considers it desirable that it should comply with for the
        purpose of facilitating the achievement of the first object of this
        Part by Departments and prescribed Commonwealth authorities; and

   (b)  a notice revoking or varying principles set out in a notice under
        paragraph (a).

(3) In determining what action to take under sub-section (1) in respect of a
declared employee, the Public Service Board 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 Public Service Board 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 a Department, or of a
        prescribed Commonwealth authority, and to the efficient and economical
        use of the persons employed in a Department or by a
        prescribed Commonwealth authority;

   (b)  the feasibility, having regard to the first object of this Part, of
        re-training the employee with a view to his becoming employed in a
        Department, or in the service of a prescribed Commonwealth authority,
        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 persons employed in a Department or by a prescribed
        Commonwealth authority.

(5) The Public Service Board shall not take action under sub-section (1) in
relation to a redeployment declaration made under section 9 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 Public Service Board has complied with sub-section (1) in respect
of an employee, the Board shall-

   (a)  if it has redeployed, or arranged for the redeployment of, 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 to the Permanent Head or prescribed
        Commonwealth authority concerned 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.