Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p13
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 13/18)
Character Range: 35067–37949

referred to as the Principal Act.

Persons in relation to whom this Act applies
32. Section 5 of the Principal Act is amended—
    (a) by omitting from paragraph (1) (c) "or an officer and then an employee" and substituting "an officer, or both";
    (b) by omitting from the end of paragraph (2) (d) "or"; and
    (c) by omitting paragraph (2) (e) and substituting the following paragraphs:
        "(e) a person who is employed under section 82ad, 82ae, 82af or 82ag of the Public Service Act 1922; or
        (f) a person who is employed under section 82 of the Public Service Act 1922 as continued in force by section 29 of the Public Service and Statutory Authorities Amendment Act 1985, being—
             (i) a person who was engaged overseas to perform duties overseas; or
             (ii) a person whose employment is subject to a condition specified in sub-section (4) of that section as so continued in force.".

Objects of Part
33. Section 7 of the Principal Act is amended—
    (a) by omitting sub-paragraph (1) (b) (iii) and substituting the following sub-paragraph:
        "(iii) for the reason that the employee is—
             (a) inefficient; or
             (b) not qualified to perform his or her duties;"; and
    (b) by omitting sub-section (2) and substituting the following sub-sections:
    "(2) For the purposes of this section, an employee is inefficient if and only if the employee fails, in the performance of the duties that he or she is required to perform, to attain or sustain a standard of efficiency that a person may reasonably be expected to attain or sustain in the performance of those duties.
    "(3) Without limiting the generality of the matters to which regard may be had for the purpose of determining whether an employee has failed, in the performance of the duties that he or she is required to perform, to attain or sustain the standard of efficiency referred to in sub-section (2)—
        (a) regard shall be had to—
             (i) any written selection criteria or job specifications applicable to those duties;
             (ii) any duty statement describing those duties; and
             (iii) any written work standards and instructions relating to the manner of performance of those duties; and
        (b) regard may be had to—
             (i) any written selection criteria or job specifications applicable to similar duties;
             (ii) any duty statements describing similar duties; and
             (iii) any written work standards and instructions relating to the manner of performance of similar duties.
    "(4) A reference in sub-section (3) to similar duties, 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