Bills Digest no. 79 1976
Commonwealth Employees (Redeployment and Retirement Bill) 1976
WARNING:
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 consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Summary
Contact Officer & Copyright Details
Passage History
Commonwealth Employees
(Redeployment and Retirement Bill) 1976
Date introduced: 8 December 1976
House: House of Representatives
Portfolio: Employment and Industrial Relations
Purpose
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.
Summary
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 their services.
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 redeployment.
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 staff.
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 Commonwealth”.
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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ISSN 1328-8091
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