Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p63
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 160505–163359

salary that is, in the opinion of the Board, comparable with that of the office of Secretary last held by the unattached Secretary, the Board shall—
     (a) take all reasonable steps to—
        (i) identify relevant offices that are vacant or about to become vacant; and
        (ii) bring to the attention of the person or body having the power of appointment in relation to each office referred to in sub-paragraph (i) the availability of the unattached Secretary for appointment, and the qualifications of the unattached Secretary that make him suitable for appointment, to the office; and
     (b) take all reasonable steps to ensure that appropriate duties are assigned to the unattached Secretary while he remains an unattached Secretary.
"(2) In this section, unless the contrary intention appears—
'relevant office', in relation to an unattached Secretary, means—
        (a) an office of Secretary (including an office referred to in paragraph (b) of the definition of 'office of Secretary' in sub-section 7 (1) ); or
        (b) an office or employment outside the Service for which the unattached Secretary is qualified, being an office or employment having a salary that is, in the opinion of the Board, comparable with that of an office of Secretary of equal classification to the office of Secretary last held by the unattached Secretary;
     'unattached Secretary' does not include an unattached Secretary who, immediately before he became an unattached Secretary, held an office of Secretary to or in relation to which section 9 applied.

Secretaries of Parliamentary Departments recommended for retirement on medical grounds may be declared unattached
"76g. (1) Where a medical practitioner employed in the Department of Health has, whether before or after the commencement of this section, recommended in writing that a Secretary who holds an office of Secretary to or in relation to which section 9 applied be retired on the ground that he is, by reason of physical or mental incapacity, incapable of performing his duties, the Governor-General may, upon report by the relevant Presiding Officer or relevant Presiding Officers, within the meaning of section 9b, declare, in writing, that the Secretary shall, on a day specified in the instrument, become an unattached officer and, if the Governor-General does so, the office held by the Secretary becomes vacant on the day so specified.
"(2) As soon as practicable after a declaration is made under sub-section (1) in respect of a Secretary—
     (a) a copy of the declaration shall be furnished to the Secretary; and
     (b) a copy of the declaration shall be published in the Gazette".

Retirement upon or after attaining minimum retiring age
82. Section 76b of the Principal Act is amended by omitting from sub-section (1) "A Secretary" and substituting "Subject to sub-section