Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) (Cth)
WHEREAS it
is provided by sub-section 7 (2) of the
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
Dated 28 October 1982.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
WAL FIFE
Minister of State for Aviation for and on behalf of the Prime Minister
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The Commonwealth Employees (Redeployment and Retirement) Regulations are amended by inserting after regulation 24 the following regulations:
“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.
“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.
“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.
1. Notified in the
Commonwealth of Australia Gazette on 5 November 1982.2. Statutory Rules 1981 No. 13 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1982 No. 31 andsee also
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