Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 84

84. After Division 8A of Part III of the Principal Act the following Division
is inserted: ''Division 8B-Retirement and redeployment of Senior Executive
Service
officers Interpretation

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

'Appeal Tribunal' means a Commonwealth Employees Redeployment and Retirement
Appeals Tribunal constituted under section 16 of the Commonwealth Employees 
(Redeployment and Retirement) Act 1979 ;

'declared officer' means an officer in relation to whom a declaration under
sub-section 76K (1) is in force. Retirement of Senior Executive Service
officers upon or after attaining minimum retiring age

''76I. (1) A Senior Executive Service officer 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 Senior
Executive Service officer, means-

   (a)  if the Senior Executive Service officer is included in a class of
        Senior Executive Service officers 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 Senior Executive Service officer-the age of
        55 years. Retirement on ground of age

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

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

''(3) The Board may, at the time when it makes, or at any time after it has
made, a determination under sub-section (2) in respect of an officer,
determine that the officer 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 Board may, at any time before the officer 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 Senior
Executive Service officer, means-

   (a)  if the officer is included in a class of Senior Executive Service
        officers 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 Senior Executive Service officer-the age of
        65 years. Declaration on grounds of invalidity

''76K. (1) Where the Board, in accordance with procedures set out in a notice
in force under sub-section (4), is satisfied that the services of a Senior
Executive Service officer of a particular classification in a Department
cannot reasonably be used in that Department in the performance of the duties
appropriate to that classification by reason that the officer is, in
consequence of physical or mental incapacity, incapable of performing duties
of that kind, the Board may declare, in writing, that the officer is eligible
for redeployment for that reason.

''(2) Where the Board makes a declaration under sub-section (1) in relation to
an officer in a Department, the Board shall give notice in writing of the
making of the declaration to the officer and to the relevant Secretary.

''(3) Notice under sub-section (2) to an officer shall state that-

   (a)  the officer may appeal against the declaration to an Appeal Tribunal
        under section 76M within the period prescribed for the purposes of
        this paragraph; and

   (b)  after the expiration of the period referred to in paragraph (a), the
        Board may redeploy or retire the officer in accordance with
        sub-section 76L (3).

''(4) The Board may, from time to time, publish in the Gazette a notice
setting out administrative procedures to be followed in the making of
declarations under sub-section (1). Redeployment and retirement of Senior
Executive Service officers

''76L. (1) Where, in relation to a Senior Executive Service officer of a
particular classification-

   (a)  the Board, after having taken reasonable steps to identify Senior
        Executive Service offices-

        (i)    that are of the same or equal classification;

        (ii)   to which the officer could be transferred or the duties of
               which the officer could be directed to perform; and

        (iii)  the duties of which the officer, in the opinion of the Board,
               can or could, within a reasonable time, perform efficiently,

is satisfied that the services of the officer cannot reasonably be, and will
not within a reasonable time be able reasonably to be, used in the Service in
the performance of the duties of, or duties appropriate to, a Senior Executive
Service office of the same or equal classification; and

   (b)  in a case where the officer is a declared officer-

        (i)    the officer has waived his right to appeal against the
               declaration made in relation to him under sub-section 76K (1)
               or the time within which the officer may appeal against the
               declaration has expired and no such appeal has been instituted;
               or

        (ii)   if such an appeal has been instituted-

                (A)  the appeal has been determined and the declaration has
                     been confirmed; or

                (B)  the appeal has been withdrawn, the Board may give notice
                     in relation to the officer under sub-section (3).

''(2) In determining for the purposes of sub-section (1) whether an officer
can or could, within a reasonable time, perform the duties of an office in a
Department efficiently , the Board shall have regard to-

   (a)  the standard of work performed by the officer as a Senior Executive
        Service officer (including any relevant appraisal of the performance
        of the officer);

   (b)  the experience possessed by the officer relevant to the performance of
        those duties;

   (c)  the training and educational qualifications of the officer;

   (d)  any personal qualities of the officer relevant to the performance of
        those duties;

   (e)  any physical or mental incapacity of the officer relevant to the
        performance of those duties;

   (f)  the views of the officer and of the relevant Secretary in relation to
        the proposed transfer or direction; and

   (g)  any other matter that the Board considers relevant.

''(3) Where sub-section (1) applies in relation to an officer, the Board may
give notice in writing to the officer that-

   (a)  the officer is to be transferred to a specified office of lower
        classification; or

   (b)  the officer is to be retired from the Service.

''(4) In determining whether to give an officer notice under sub-section (3),
the Board shall have regard to-

   (a)  the need to ensure the efficiency of the Service;

   (b)  the period within which the officer may reasonably be expected to
        retire under section 76I, 76J or 76N;

   (c)  the views of the officer in relation to the proposed notice; and

   (d)  any other matter that the Board considers relevant.

''(5) A notice to an officer under sub-section (3) shall state that-

   (a)  the officer has a right to appeal, within the period prescribed for
        the purposes of this paragraph, to an Appeal Tribunal under section
        76M against the giving of the notice; and

   (b)  the notice will, subject to any appeal under section 76M, take effect
        on a specified day, being a day not earlier than the expiration of the
        period referred to in paragraph (a).

''(6) For the purpose of giving effect to a notice given under sub-section
(3), the Board may-

   (a)  by notice in writing given to the Secretary of a Department in which a
        specified office exists, or in which any offices included in a
        specified class of offices exist, direct that, until the notice is
        revoked, a transfer or promotion of an officer to fill a vacancy in
        the office, or in an office included in the class of offices, shall
        not be made under section 50 unless the Board has approved the filling
        of the vacancy;

   (b)  by notice in writing given to the Secretary of a Department, direct
        that the Secretary shall not confirm a specified provisional
        promotion, or a provisional promotion included in a specified class of
        provisional promotions, unless the Board has approved the confirmation
        of the promotion; and

   (c)  cancel a provisional promotion at any time before the promotion has
        been confirmed, whether or not an appeal has, or appeals have, been
        made against the promotion or, if an appeal has, or appeals have, been
        made, whether or not the appeal or each appeal has been determined or
        has become inoperative.

''(7) Where notice under sub-section (3) is given to an officer and the
officer-

   (a)  does not institute an appeal against the giving of the notice before
        the expiration of the period within which the officer may appeal
        against the giving of the notice; or

   (b)  institutes such an appeal but withdraws it before the expiration of
        that period, the following provisions have effect:

   (c)  in the case of a notice to which paragraph (3) (a) applies-the officer
        shall, on the day specified in the notice, be deemed to be transferred
        to the office specified in the notice;

   (d)  in the case of a notice to which paragraph (3) (b) applies-the officer
        shall, on the day specified in the notice, be deemed to be retired
        from the Service.

''(8) Where notice under sub-section (3) is given to an officer and the
officer, within the period referred to in paragraph (7) (a), institutes an
appeal against the giving of the notice and does not withdraw the appeal
before the expiration of that period, the following provisions have effect:

   (a)  where the appeal is heard and determined and the notice is revoked-the
        notice ceases to have effect;

   (b)  where the notice is one to which paragraph (3) (a) applies and-

        (i)    the appeal is heard and determined and the giving of the notice
               is confirmed; or

        (ii)   the appeal is withdrawn after the expiration of that period,

the officer shall be deemed to be transferred to the office specified in the
notice on-

        (iii)  the day on which the appeal is determined or the appeal is
               withdrawn, as the case may be; or

        (iv)   the day specified in the notice,

whichever is the later;

   (c)  where the notice is one to which paragraph (3) (b) applies and-

        (i)    the appeal is heard and determined and the giving of the notice
               is confirmed; or

        (ii)   the appeal is withdrawn after the expiration of that period,

the officer shall be deemed to be retired from the Service on-

        (iii)  the day on which the appeal is determined or the appeal is
               withdrawn, as the case may be; or

        (iv)   the day specified in the notice,

whichever is the later.

''(9) The power conferred on the Board by paragraph (6) (a) is in addition to,
and not in substitution for, the power conferred on the Board by sub-section
50 (11).

''(10) This section applies in relation to a person who becomes a Senior
Executive Service officer under sub-section 76F (1A) as if paragraph (3) (a),
sub-section (6) and paragraphs (7) (c) and (8) (b) were omitted and as if ',
in consequence of physical or mental incapacity of the officer,' were inserted
in paragraph (1) (a) after 'is satisfied that'. Appeal to Appeal Tribunal

''76M. (1) A Senior Executive Service officer who is declared under
sub-section 76K (1) to be eligible for redeployment may appeal, within the
period prescribed by the regulations for the purposes of this sub-section, to
an Appeal Tribunal against the making of the declaration.

''(2) Where an officer appeals to an Appeal Tribunal under sub-section (1)
against the making of a declaration under sub-section 76K (1), an Appeal
Tribunal shall hear and determine the appeal and may-

   (a)  confirm the declaration; or

   (b)  revoke the declaration.

''(3) A Senior Executive Service officer to whom notice under sub-section 76L
(3) has been given may appeal, within the period prescribed by the regulations
for the purposes of this sub-section, to an Appeal Tribunal against the giving
of the notice.

''(4) Where an officer appeals to an Appeal Tribunal under sub-section (3)
against the giving of a notice under sub-section 76L (3), an Appeal Tribunal
shall hear and determine the appeal and may-

   (a)  confirm the notice; or

   (b)  revoke the notice. Retirement with consent of officer on grounds of
        invalidity

''76N. (1) Where the Board is satisfied that a declared officer should, in
consequence of physical or mental incapacity, be retired from the Service, the
Board may, with the consent of the officer, retire the officer from the
Service on a day to be specified by the Board.

''(2) Where an officer is retired under sub-section (1), the day as from which
he is retired may, with the consent of the officer, be a day that is earlier
than the day on which the action to retire him was taken. Senior Executive
Service officers recommended for retirement on medical grounds may be declared
unattached

''76P. (1) At any time after a medical practitioner employed in the Department
of Health has recommended, in writing, that a declared officer be retired on
the ground that he is, by reason of physical or mental incapacity, incapable
of performing his duties, the Board may, by instrument in writing, declare
that the officer shall, on a specified day, become an unattached officer and,
if the Board does so, the office so held by the officer becomes vacant on that
day.

''(2) As soon as practicable after a declaration is made under sub-section (1)
in respect of an officer, a copy of the instrument of declaration shall be
given to the officer. Benefits

''76Q. (1) The regulations may make provision for and in relation to-

   (a)  the payment, in such circumstances as are prescribed, of a benefit, by
        way of a lump sum, calculated in such manner as is provided for in the
        regulations, to or in respect of a person who is retired under section
        76L (otherwise than for the reason referred to in sub-section 76K
        (1)); or

   (b)  the reimbursement, in such circumstances as are prescribed, of
        expenses of a prescribed kind incurred by a declared officer.

''(2) The regulations-

   (a)  may make provision for the purpose of-

        (i)    enabling a person entitled to the payment of a lump sum under
               regulations made in pursuance of sub-section (1) to elect to
               have paid, in lieu of that sum, benefits, calculated in such
               manner as is provided for in the regulations, being pension
               benefits similar to pension benefits payable under the
               Superannuation Act 1976; and

        (ii)   enabling the payment of such a pension benefit to the person
               entitled to it in association with any benefit payable to the
               person under the Superannuation Act 1976 and as if it were a
               benefit payable under that Act;

   (b)  may apply the provisions of the Superannuation Act 1976, other than
        the provisions of Part X of that Act, subject to such modifications
        and adaptations as are prescribed by the regulations, to and in
        relation to such a benefit; and

   (c)  may make such other provision, not inconsistent with this Act, as is
        necessary or convenient to be made for carrying out or giving effect
        to the purpose specified in paragraph (a).

''(3) The provision that may be made by regulations in pursuance of
sub-section (2)-

   (a)  shall not enable an election referred to in that sub-section to be
        made by a person-

        (i)    who did not become, upon retirement under section 76L, entitled
               to a pension under the Superannuation Act 1976; or

        (ii)   who has made an election under that Act by virtue of which he
               has become entitled to receive, as a lump sum benefit, all the
               benefits which, but for the election, he would be entitled to
               under that Act in consequence of his retirement under section
               76L; and

   (b)  shall include provision for an election referred to in sub-section (2)
        to become void if the person who made the election subsequently makes
        an election under the Superannuation Act 1976 by virtue of which he
        becomes entitled to receive, as a lump sum benefit, all the benefits
        which, but for that last-mentioned election, he would be entitled to
        under that Act in consequence of his retirement under section 76L.

''(4) A payment of benefit, or by way of reimbursement of expenses, under
regulations made in pursuance of this section is payable-

   (a)  in the case of a payment of a pension benefit that is payable as if it
        were a pension benefit payable under the Superannuation Act 1976-out
        of the Consolidated Revenue Fund, in accordance with the appropriation
        of that Fund made by that Act for the payments of benefits under that
        Act, as if it were a payment of a pension benefit under that Act; or

   (b)  in the case of a payment other than a payment to which paragraph (a)
        applies-out of moneys lawfully available for the purpose.

''(5) In sub-section (2), 'modification' includes the addition or omission of
a provision or the substitution of a provision for another provision. Special
benefits available to retiring officers

''76R. (1) The Board may give notice in writing to a Senior Executive Service
officer that if the officer retires from the Service within the period
specified in the notice the officer will be entitled to a specified benefit in
accordance with a determination under section 82D.

''(2) Where notice is given to an officer under sub-section (1)-

   (a)  the officer may retire from the Service within the period specified in
        the notice notwithstanding that he is not entitled to retire from the
        Service under section 76I; and

   (b)  if the officer retires from the Service within the period specified in
        the notice-

        (i)    the officer becomes entitled to the benefit specified in the
               notice; and

        (ii)   the officer shall be deemed for all purposes to have been
               compulsorily retired from the Service.''.