Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 81

81. After Division 8 of Part III of the Principal Act the following Division
is inserted:

''Division 8A-Retirement and Redeployment of Secretaries of Departments

Interpretation

''76A. In this Division, unless the contrary intention appears-

'office of Secretary' means an office referred to in paragraph (a) of the
definition of 'office of Secretary' in sub-section 7 (1);

'Secretary' means a person holding an office of Secretary and includes an
unattached Secretary.

Retirement upon or after attaining minimum retiring age

''76B. (1) A Secretary who has attained his minimum retiring age is entitled
to retire from the Service at any time at which he desires to do so.

''(2) In sub-section (1), 'minimum retiring age', in relation to a Secretary,
means-

   (a)  if the Secretary is included in a class of Secretaries in respect of
        whom a minimum retiring age is fixed by the regulations-the age so
        fixed; or

   (b)  in the case of any other Secretary-the age of 55 years. Retirement on
        ground of age

''76C. (1) Subject to sub-section (2), a Secretary shall, by force of this
sub-section, be retired from the Service upon attaining his maximum retiring
age.

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

''(3) A relevant authority may, at the time when it makes, or at any time
after it has made, a determination under sub-section (2) in respect of a
Secretary, determine that the Secretary shall retire from the Service upon
attaining a specified age or upon the expiration of a specified period, and,
where such a determination is made, the relevant authority may, at any time
before the Secretary attains that age or before the expiration of the period
so determined, vary such a determination.

''(4) In this section-

'maximum retiring age', in relation to a Secretary, means-

   (a)  if the Secretary is included in a class of Secretaries 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 Secretary-the age of 65 years;

'relevant authority' means-

   (a)  in relation to a Secretary who holds an office of Secretary-the
        Governor-General; and

   (b)  in relation to an unattached Secretary-the Board. Retirement of
        Secretaries of Departments on grounds of inefficiency or incapacity

''76D. (1) If the Board, after investigation into the circumstances, reports
to the Governor-General that a Secretary is inefficient or incompetent, or is,
because of physical or mental incapacity, incapable of performing his duties,
the Governor-General may retire the Secretary from the Service with effect on
and from a day to be specified by the Governor-General.

''(2) In the case of a retirement of a Secretary under sub-section (1) by
reason of a report that he is, because of physical or mental incapacity,
incapable of performing his duties, the day on and from which he is retired
may, with the consent of the Secretary, be a day that is earlier than the date
on which the decision by the Governor-General to retire him was made.
Termination of appointment

''76E. (1) The Governor-General may, by instrument signed by him, terminate
the appointment of a person to an office of Secretary.

''(2) The power of the Governor-General to terminate an appointment under
sub-section (1) shall be exercised only in accordance with advice that is
consistent with a recommendation by the Prime Minister.

''(3) The Prime Minister shall not recommend, for the purposes of sub-section
(2), that an appointment be terminated unless he has received a report in
writing from the Chairman in relation to the termination.

''(4) Where the appointment of a person to an office is terminated under
sub-section (1), the office becomes vacant and, unless the person continues to
hold another office of Secretary, the person becomes an unattached officer.

''(5) In sub-section (1), 'office of Secretary' does not include an office to
or in relation to which section 9 applies.

Redeployment of unattached Secretaries of Departments

''76F. (1) Where an unattached Secretary does not hold an office or employment
outside the Service having a salary that is, in the opinion of the Board,
comparable with that of the office of Secretary last held by the unattached
Secretary, the Board shall-

   (a)  take all reasonable steps to-

        (i)    identify relevant offices that are vacant or about to become
               vacant; and

        (ii)   bring to the attention of the person or body having the power
               of appointment in relation to each office referred to in
               sub-paragraph (i) the availability of the unattached Secretary
               for appointment, and the qualifications of the unattached
               Secretary that make him suitable for appointment, to the
               office; and

   (b)  take all reasonable steps to ensure that appropriate duties are
        assigned to the unattached Secretary while he remains an unattached
        Secretary.

''(2) In this section, unless the contrary intention appears-

'relevant office', in relation to an unattached Secretary, means-

   (a)  an office of Secretary (including an office referred to in paragraph
        (b) of the definition of 'office of Secretary' in sub-section 7 (1) );
        or

   (b)  an office or employment outside the Service for which the unattached
        Secretary is qualified, being an office or employment having a salary
        that is, in the opinion of the Board, comparable with that of an
        office of Secretary of equal classification to the office of Secretary
        last held by the unattached Secretary;

'unattached Secretary' does not include an unattached Secretary who,
immediately before he became an unattached Secretary, held an office of
Secretary to or in relation to which section 9 applied. Secretaries of
Parliamentary Departments recommended for retirement on medical grounds may be
declared unattached

''76G. (1) Where a medical practitioner employed in the Department of Health
has, whether before or after the commencement of this section, recommended in
writing that a Secretary who holds an office of Secretary to or in relation to
which section 9 applied be retired on the ground that he is, by reason of
physical or mental incapacity, incapable of performing his duties, the
Governor-General may, upon report by the relevant Presiding Officer or
relevant Presiding Officers, within the meaning of section 9B, declare, in
writing, that the Secretary shall, on a day specified in the instrument,
become an unattached officer and, if the Governor-General does so, the office
held by the Secretary becomes vacant on the day so specified.

''(2) As soon as practicable after a declaration is made under sub-section (1)
in respect of a Secretary-

   (a)  a copy of the declaration shall be furnished to the Secretary; and

   (b)  a copy of the declaration shall be published in the Gazette.''.