Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 22

22. (1) Subject to sub-section (2), an employee shall, by force of this
sub-section, be retired from his employment upon attaining his maximum
retiring age.

(2) Where the relevant authority in respect of an employee who has not
attained his maximum retiring age is of the opinion that it is desirable, in
the interests of the Commonwealth, that the employee should continue, after he
has attained that age, in his employment, and the employee is able and willing
so to continue, the relevant authority may determine, in writing, that
sub-section (1) does not apply to the employee.

(3) A relevant authority may, at the time it makes, or at any time after it
has made, a determination under sub-section (2) in respect of an employee,
determine that the employee shall retire from his employment upon attaining a
specified age or upon the expiration of a specified period, and may, at any
time, vary such a determination.

(4) A determination shall not be made under sub-section (2) in respect of an
employee who holds an office of Permanent Head of a Department of the
Australian Public Service, being an employee who was appointed to fill the
vacancy in that office after the commencement of the Public Service Amendment
(First Division Officers) Act 1976, if he was not, when so appointed, an
established candidate, within the meaning of section 54 of the Public Service
Act 1922, in relation to the vacancy.

(5) In this section-

''maximum retiring age'' means, in relation to an employee-

   (a)  if the employee is included in a class of employees in respect of whom
        a maximum retiring age, being an age less than 65 years, is fixed by
        the regulations-the age so fixed; or

   (b)  in the case of any other employee-the age of 65 years;

''relevant authority'' means-

   (a)  in respect of a person included in the First Division of the
        Australian Public Service-the Governor-General;

   (b)  in respect of a person included in the Second, Third or Fourth
        Division of the Australian Public Service or an employee within the
        meaning of the Public Service Act 1922-the Public Service Board; or

   (c)  in respect of an employee who is employed by a prescribed
        Commonwealth authority-that authority.