Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p14
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 14/18)
Character Range: 37706–40523

in relation to an employee employed in a Department or authority, is a reference to similar duties that other employees employed in that Department or authority are required to perform.
    "(5) For the purposes of this section, an employee is not qualified to perform his or her duties if and only if, in relation to those duties—
        (a) the employee ceases to hold, or becomes 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 suspends, cancels, revokes, rescinds or otherwise withdraws an essential qualification.
    "(6) A reference in sub-section (5) 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 occupation, the exercise of a right or the
    performance of a function or duty, being a profession, trade, occupation, right, function or duty that it is necessary for that employee to practice, exercise or perform in the course of his or her employment.".

Retirement of employees who cannot be redeployed
34. Section 19 of the Principal Act is amended—
    (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
    "(1) Subject to this section, where—
        (a) the Secretary of a Department receives a certificate issued under section 11 or 14 in respect of an employee; and
        (b) the Secretary is not able, consistently with the achievement of the first object of Part II, to employ the employee in the Department on duties which the Secretary considers the employee is competent to perform and can reasonably be required to perform,
    the Secretary may retire the employee from the Australian Public Service on a day to be specified by the Secretary.
    "(2) Subject to this section, where—
        (a) a prescribed Commonwealth authority receives a certificate issued under section 11 or 14 in respect of an employee; and
        (b) the employee cannot, consistently with the achievement of the first object of Part II, be employed by the authority in the performance of duties which the authority considers that the employee is competent to perform and can reasonably be required to perform,
    the authority may retire the employee, or cause the employee to be retired from his or her employment, on a day to be specified by the authority.
    "(2a) In determining whether to retire an employee under sub-section (1) or (2), a Secretary of a Department or a prescribed Commonwealth authority, as the case requires, shall have regard to—
        (a) the nature and duration of the employee's past service with the Australian Public Service