Commonwealth Numbered Regulations Commonwealth Numbered Regulations
TABLE OF PROVISIONS
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PREAMBLE
WHEREAS it is provided by sub-section 7 (2) of the Commonwealth Employees
(Redeployment and Retirement) Act 1979 that regulations prescribing a reason
for the purposes of paragraph 7 (1) (b) of that Act shall not be made except
after consideration by the Governor-General of a report made to the Governor-General
by the Public Service Board after consultation by the Public Service Board
with the organizations, being organizations representing the interests of
employees or a class of employees, prescribed for the purposes of section 7 of that Act:
AND WHEREAS the Public Service Board has so made such a report:
NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council and after consideration of that
report, hereby make the following Regulation under the Commonwealth Employees
(Redeployment and Retirement) Act 1979.
The Commonwealth Employees (Redeployment and Retirement) Regulations are amended
by inserting after regulation 24 the following regulations:
Reasons for redeployment
"25. Subject to regulations 26 and 27, for the purposes of paragraph 7 (1) (b)
of the Act, each of the following is, in relation to an employee, a prescribed reason:
(a) that the employee is inefficient;
(b) that the employee is not qualified to perform his duties.
Meaning of "inefficient"
"26. (1) For the purposes of regulation 25, an employee is inefficient when, in
the performance of the duties that he is required to perform, he has not attained
or sustained a standard of efficiency that a person can reasonably be expected
to attain or sustain in the performance of those duties.
"(2) Without limiting the matters that may be taken into account for the purpose of
determining whether an employee has not, in the performance of the duties that he is
required to perform, attained or sustained a standard of efficiency referred to
in sub-regulation (1), regard-
(a) shall be had to-
(i) any written selection criteria or job specifications applicable to those duties;
(ii) any duty statements describing those duties; and
(iii) any written work standards and instructions relating to the manner
of performance of those duties; and
(b) may be had to-
(i) any written selection criteria or job specifications applicable to similar
duties that other employees in the same Department or prescribed Commonwealth authority
are required to perform;
(ii) any duty statements describing similar duties that other employees in the
same Department or prescribed Commonwealth authority are required to perform; and
(iii) any written work standards and instructions relating to the manner of performance
of similar duties that other employees in the same Department or prescribed Commonwealth
authority are required to perform.
Meaning of "not qualified"
"27. (1) For the purposes of regulation 25, an employee is not qualified to perform
his duties when, in relation to those duties-
(a) the employee has ceased to hold, or has become unable or ineligible to hold or
to use and enjoy, an essential qualification; or
(b) a court, person, authority or body that is competent to do so, has suspended,
or has cancelled, revoked, rescinded or otherwise withdrawn, an essential
qualification of the employee or the right of the employee to hold or to use
and enjoy an essential qualification.
"(2) In sub-regulation (1), a reference to an essential qualification, in relation
to an employee, is a reference to any statutory, professional, academic, commercial,
technical, trade, health or other qualification the holding of which is a prerequisite
to the practice of a profession, trade or calling, the exercise of a right or the
performance of a function or duty, being a profession, trade, calling, right,
function or duty that it is necessary for that employee to practise, exercise or
perform in the course of his employment.".