Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 14

14. (1) Where an employee who has been declared to be eligible for
redeployment in accordance with this Part for the reason referred to in
sub-paragraph 7 (1) (b) (ii) has not been redeployed in accordance with
section 11, the Public Service Board may, if it is satisfied that the employee
should, in consequence of his incapacity, be retired from his employment,
issue to the Permanent Head or prescribed Commonwealth authority concerned a
certificate, in writing, certifying that it is satisfied that the employee
should, for the reason so referred to, be retired from his employment.

(2) Where the Public Service Board issues a certificate under sub-section (1)
in respect of an employee, the Board shall furnish a copy of the certificate
to the employee.

(3) The Public Service Board shall not issue a certificate under sub-section
(1) in respect of an employee unless-

   (a)  the employee has waived his right to appeal against the redeployment
        declaration relating to him or the time within which the employee may
        appeal against that 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        (ii)   the appeal has been withdrawn.