Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p38
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 96190–99104

directions given to the Secretary under sub-section (2).

Unattachment of officers
"76y. (1) Where an authorised medical practitioner has recommended that an officer should, because of physical or mental incapacity, be redeployed to perform other duties or retired from the Service, the relevant Secretary may, by instrument in writing, declare that the officer shall, on a specified day, become an unattached officer and, if the relevant Secretary does so, the office held by the officer becomes vacant on that day.

"(2) As soon as practicable after a declaration is made under sub-section (1) in respect of an officer, a copy of the instrument of declaration shall be given to the officer.

Appeals
"76z. (1) An officer to whom a notice under section 76w has been given (not being an officer who, before receiving the notice, consented in writing to the giving of the notice) may, within the prescribed period after receiving the notice, appeal to an Appeal Committee against the giving of the notice, on the ground that the reduction in the officer's classification, or the retirement of the officer, as the case requires, would be unreasonable.
"(2) Where an officer appeals to an Appeal Committee against the giving of a notice, an Appeal Committee shall hear and determine the appeal and may—
     (a) confirm the notice; or
     (b) revoke the notice.".

79. Section 77 of the Principal Act is repealed and the following sections are substituted:

Interpretation
"77. In this Division, 'State' includes a Territory.

State officer not disqualified from employment in the Service
"77a. The fact that a person is an officer of the Public Service of a State shall not disqualify the person from also executing the duties of an office in the Australian Public Service.".

Arrangements with State for services of State officer
80. Section 78 of the Principal Act is amended—
     (a) by omitting "Governor-General" (wherever occurring) and substituting "Prime Minister"; and
     (b) by omitting "the Governor in Council" (wherever occurring) and substituting "an appropriate authority".

Repeal of section 79
81. Section 79 of the Principal Act is repealed.

Agreement with State for performance of State duties by officer of the Service
82. Section 80 of the Principal Act is amended—
     (a) by omitting "Governor-General" (wherever occurring) and substituting "Prime Minister";
     (b) by omitting "the Governor in Council" (wherever occurring) and substituting "an appropriate authority"; and

     (c) by omitting "a State" (second occurring) and substituting "the State".

Arrangements with State as to pension, &c., where officer employed in dual capacities
83. Section 81 of the Principal Act is amended—
     (a) by omitting "Governor-General" and substituting "Prime Minister"; and
     (b) by omitting "the Governor in Council" and substituting "an appropriate authority".

84. After Division 9 of