Bills Digest no. 79 1976
Commonwealth Employees (Redeployment and Retirement Bill)
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
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Employees (Redeployment and Retirement Bill)
Date introduced: 8 December
House: House of Representatives
Portfolio: Employment and Industrial
The purpose of the Bill is to
facilitate the redeployment within the public service of staff
whose services are not being efficiently and economically employed
and to enable compulsory retirement of staff who cannot be
effectively redeployed. It also provides for early retirement
voluntarily at a prescribed minimum age and compulsorily at a
prescribed maximum age.
Part II of the Bill deals with
redeployment. The objects of the Part are set out in clause 7: they
are to ensure that all staff are economically and efficiently used
and to ensure that any staff who are, for any of the stated
reasons, not being economically and efficiently used are redeployed
to other reasonable tasks for which they are qualified. Staff
should be redeployed if they are redundant, physically or mentally
incapable of performing their duties or are for any other reason
not being employed so as to make efficient or economical use of
Clause 8 provides that the Public
Service Board may determine criteria and administrative procedures
to ascertain who should be redeployed. Clause 9 requires Permanent
Heads to carry out determinations of the Public Service Board and
to declare in writing which employees are eligible for
Copies of declarations are furnished
to the employee and the Public Service Board. (Clause 10) Employees
who are found to be inefficient or incompetent for causes within
their control are not eligible for redeployment.
Clause 11 provides the procedures for
attempted redeployment bearing in mind the efficiency of
Departments, the interests of the employee, and the interests of
other employees. The Board may transfer employees to similar or
lower positions. If the Board cannot redeploy the employee it
issues a certificate to that effect to the Permanent Head and a
copy to the employee. Clauses 12 and 13 deal with special cases
where redeployment is not possible.
Clause 14 provides that regulations
shall be made providing for a review of declarations under clause
9, certificates under clauses 11, 12 and 13, or action taken in
redeploying an employee and until regulations are in force these
procedures cannot be used. The nature of the review authority will
depend on the regulations made as will the rights of hearing and
representation of the appellants; sub-clause 14 (3) does provide
that a review may take the form of a reconsideration by the person
or body who made the particular decision being reviewed.
Part III deals with retirement.
Clause 15 permits retirement at a
minimum retiring age of 60 or such lower age as is prescribed in
relation to a class of employees. In his Second Reading Speech the
Minister suggested that the age would initially be 55 years for all
Clause 18 requires retirement at a
maximum age of 65 years or such lower age as is prescribed. In his
Second Reading Speech the Minister suggests that no lower age will
initially be prescribed. Individual employees may be permitted to
stay beyond maximum retiring age in the interests of the
Clause 16 permits the compulsory
retirement of a Permanent Head by the Governor-General, after
report from the Board, on the grounds of inefficiency, incompetence
or physical or mental incapacity, or his transfer to another office
at a salary appropriate to the new office.
Clause 17 requires the compulsory
retirement of persons who cannot be redeployed under Part II. The
relevant Permanent Head must again consider whether some position
within the Department can be found for the employee.
Clause 19 provides that regulations
may be made providing for compensation to persons compulsorily
retired under clause 17.
The Bill applies to all Departments
and to such authorities and other organizations (such as ASIO and
the Commonwealth Police Force) as are prescribed. It also applies
equally to permanent and temporary employees.
Clause 24 provides that regulations
may be made modifying or adapting the Act in its application to the
five Parliamentary Departments if the Governor is satisfied that it
is desirable to do so.
Law and Government Group
11 February 1977
Bills Digest Service
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