Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 15

15. (1) An employee may appeal to a Tribunal against-

   (a)  the making of a redeployment declaration under section 9 in respect of
        the employee;

   (b)  the issue of a certificate under section 11 or 14 in respect of the
        employee; or

   (c)  action taken under this Act by way of the redeployment of the employee
        in the Australian Public Service or in the employment of a prescribed
        Commonwealth authority.

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

   (a)  in the case of an appeal against the making of a redeployment
        declaration under section 9-

        (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 the issue of a certificate under
        section 11 or 14-confirm or revoke the certificate; or

   (c)  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
               Public Service Board for the Board to take such other action by
               way of the redeployment of the employee as the Board thinks
               fit.

(3) Where a Tribunal hears an appeal against the making of a redeployment
declaration made under section 9 in respect of an employee, the Tribunal
shall, in determining the appeal, apply the criteria set out in a notice under
section 8 that were applicable to the decision by the Department or prescribed
Commonwealth authority concerned to make the declaration.

(4) Where a Tribunal hears an appeal against the issue of a certificate under
section 11 or 14 or against the taking of action by way of the redeployment of
an employee, the Tribunal shall determine the appeal in accordance with the
principles, if any, set out in a notice under sub-section 11 (2) to which the
Public Service Board was required by sub-section 11 (3) to give effect and
shall have regard to the matters to which the Public Service Board was
required by sub-section 11 (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 in a Department or by a prescribed Commonwealth
authority which comprises a greater number of employees than is necessary for
the efficient and economical working of the Department or authority, appeals
to a Tribunal against the making, under section 9, of that declaration in
relation to him, the Tribunal may-

   (a)  if the employee is employed in a Department-at the request of the
        employee or of the Public Service Board; or

   (b)  if the employee is employed by a prescribed Commonwealth authority-at
        the request of the employee or of that authority, join all or any of
        the employees included in that class as parties to that appeal.

(6) Where a Tribunal hears an appeal by a declared employee against the making
of a redeployment declaration under section 9 in respect of the employee, the
Tribunal 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
Part.

(7) A Tribunal may, upon hearing and determining an appeal under this Act,
furnish to the Public Service Board, or to a prescribed Commonwealth
authority, any comments the Tribunal deems it desirable to make with respect
to the administrative procedures set out in a notice under section 8, or the
principles set out in a notice under section 11, that were relevant to the
appeal.

(8) Where a Tribunal revokes a certificate issued under section 11 or 14 in
respect of an employee, section 11 applies to and in relation to the employee
as if the certificate had not been issued.

(9) Where the Tribunal sets aside action taken by way of the redeployment of
an employee-section 11 applies to and in relation to the employee as if that
first-mentioned action had not been taken.

(10) The Tribunal shall give reasons, in writing, for its decision on an
appeal under this section.

(11) Where a Tribunal sets aside the taking of action by way of the
redeployment of an employee-

   (a)  if the employee was, prior to the taking of the action, employed in a
        Department-the Public Service Board; or

   (b)  if the employee was, prior to the taking of the action, employed by a
        prescribed Commonwealth authority-that authority, shall take such
        action as is necessary to restore the situation, in relation to his
        employment, which existed immediately before he was redeployed.