Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 9

9. (1) The Permanent Head of a Deparment-

   (a)  is responsible for ensuring that the Department operates in such a
        manner as to make as efficient and economical use of the services of
        the persons employed in the Department as is practicable; and

   (b)  without limiting the generality of paragraph (a)-

        (i)    shall give all such directions, and do all such things, as can
               be given or done by him for ensuring that the procedures set
               out in a notice in force under sub-section 8 (1) (including any
               directions given by the Public Service Board under those
               procedures) are, so far as they are relevant to the operation
               of the Department, given effect to in the administration of the
               Department; and

        (ii)   shall cause each employee in the Department who, in accordance
               with the procedures set out in a notice in force under
               sub-section 8 (1), is identified as an employee whose services
               cannot, for a reason referred to in sub-paragraph 7 (1) (b)
               (i), (ii) or (iii), reasonably be used in the Department, or in
               a part of the Department, to be declared, by instrument in
               writing, to be, for that reason, eligible for redeployment in
               accordance with this Part.

(2) A prescribed Commonwealth authority-

   (a)  shall organise its operations in such a manner as to make as efficient
        and economical use of the services of the persons employed by it as is
        practicable; and

   (b)  without limiting the generality of paragraph (a)-

        (i)    shall give all such directions, and do all such things, as can
               be given or done by it for ensuring that the procedures set out
               by it in a notice in force under sub-section 8 (2) are given
               effect to in the administration of the affairs of the
               authority; and

        (ii)   shall cause each employee of the authority who, in accordance
               with the procedures set out by it in a notice in force under
               sub-section 8 (2), is identified as an employee whose services
               cannot, for a reason referred to in sub-paragraph 7 (1) (b)
               (i), (ii) and (iii), reasonably be used by the authority, or be
               used by the authority in a branch of the authority, to be
               declared, by instrument in writing, to be, for that reason,
               eligible for redeployment in accordance with this Part.

(3) Nothing in sub-section (1) or (2) requires or authorizes the making of an
instrument declaring an employee to be eligible for redeployment in accordance
with this Part if the employee was identified, under a relevant notice under
section 8, as an employee whose services cannot reasonably be used in a
Department or a part of a Department, or by a prescribed
Commonwealth authority or by such an authority in a branch of the authority,
for the reason that he is inefficient or incompetent for causes within his own
control.