Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p19
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 49531–52213

taken to have retired from the Service, by notice, revoke a notice previously sent to the employee under this section, and the notice is then of no effect.

"(7) Where:

    (a) the Secretary under subsection (2) may send a notice to the employee; or

    (b) the Secretary under subsection (4), and the Commissioner under

SCHEDULE 1—continued

    subsection (6), may exercise a power in relation to the employee by notice;

the notice must be in writing and sent to the employee by security post addressed to the employee at the address last known to the Secretary or Commissioner, as the case may be.

Employment of employee taken to have retired under section 82AJ

"82AK.(1) An employee who is taken to have retired from the Service under section 82AJ may apply to the relevant Secretary, in writing, for employment in the Department.

"(2) The Secretary must:

    (a) if the Secretary is satisfied that the applicant had, in all the circumstances, reasonable grounds for being absent, employ the applicant in the Department in the same or a similar capacity with the same rate of pay as that payable to the applicant immediately before he or she was taken to have retired; or

    (b) if the Secretary is not so satisfied—refuse the application.

"(3) Where the Secretary refuses the application:

    (a) the Secretary must notify the applicant in writing accordingly, and give to the applicant and the Commissioner the reasons for the refusal; and

    (b) an application may be made to the Agency for review of the decision of the Secretary to refuse the application.

"(4) A decision under subsection (2) to refuse an application may be reviewed under section 43 of the Merit Protection Act.

"(5) Where a person who is taken to have retired from the Service under section 82AJ is employed under this section:

    (a) the person is taken, during the period commencing immediately after the day of the retirement and ending immediately before the day on which the person was so employed, to have continued his or her employment and to have been on leave of absence without pay; and

    (b) the relevant Secretary must determine whether that period, or any part of that period, is to form part of the employee's period of service for any specified purposes under this Act or any other Act (other than the Superannuation Act 1976).

"(6) In this section, 'relevant Secretary' in relation to a person who is taken to have retired from the Service under section 82AJ, means the Secretary to the Department in which the person was employed immediately before being taken to have so retired or, if that Department has ceased to exist, the Secretary to such Department as the