Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 19

19. (1) Subject to sub-section (3), where the Permanent Head of a Department
receives a certificate issued under section 11 or 14 in respect of an
employee, the Permanent Head shall retire the employee from the Australian
Public Service on a date to be specified by the Permanent Head unless the
Permanent Head is able, consistently with the achievement of the first object
of Part II, to employ the employee in the Department on duties which the
Permanent Head considers the employee is competent to perform and can
reasonably be required to perform.

(2) Subject to sub-section (3), where a prescribed Commonwealth authority
receives a certificate issued under section 11 or 14 in respect of an
employee, the authority shall retire the employee, or cause the employee to be
retired, from his employment on a date to be specified by the authority
unless, consistently with the achievement of the first object of Part II, the
employee can be employed by the authority in the performance of duties which
the authority considers that the employee is competent to perform and can
reasonably be required to perform.

(3) Action shall not be taken under sub-section (1) or (2) to retire an
employee, or cause an employee to be retired, from his employment unless-

   (a)  the employee has waived his right to appeal against the issue of the
        certificate issued under this Act in respect of the employee or the
        time within which the employee may appeal against the issue of the
        certificate 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 certificate
               has been confirmed; or

        (ii)   the appeal has been withdrawn.

(4) Where an employee is retired under this section on the ground of
invalidity, the date as from which he is retired may, with the consent of the
employee, be a date earlier than the date on which the action to retire him
was taken.