TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 17

TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 17

17—Incapacity of officers

        (1)         If the Chief Executive Officer is satisfied that an officer is, by reason of mental or physical illness or disability, incapable of performing satisfactorily the duties of the office occupied by the officer, the Chief Executive Officer may do one or more of the following:

            (a)         by written determination, transfer the officer to some other office established under section 15;

            (b)         determine to take steps to transfer the officer to some other employment in the Government of the State;

            (c)         grant the officer leave of absence (without remuneration);

            (d)         recommend to the employing authority that the officer be retired.

        (2)         The Chief Executive Officer must, before transferring or recommending the transfer of an officer to an office or position of reduced status, or recommending that an officer be retired, be satisfied that transfer of the officer to an office or position of equivalent status is not reasonably practicable in the circumstances.

        (3)         Where an officer is transferred to an office of reduced status pursuant to subsection (1)(a), the Chief Executive Officer must alter the classification of the officer accordingly.

        (4)         The Chief Executive Officer may, in acting under subsection (1)(b), recommend to the employing authority that the officer be appointed to an office or position under section 39AAB or attempt to secure for the officer some other appropriate employment in the Government of the State.

        (5)         The employing authority, on receiving a recommendation under subsection (1)(d) may, in accordance with that recommendation, retire the officer.