Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p37
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 93634–96463

alternative suitable employment for an excess officer in the Secretary's Department; and
         (ii) proposes to exercise the power under sub-section (1) in relation to the officer; and
     (b) the officer has not consented to the exercise of that power,
the Board shall take such action as is reasonable to find alternative suitable employment for the officer in the Service, and the Secretary shall not exercise the power under sub-section (1) in relation to the officer unless the Board is satisfied that it would not be in the interests of the efficient administration of the Service to transfer the officer under section 51 to another Department.

"(3) Where the Board is—
     (a) satisfied of a relevant matter in relation to an officer; and
     (b) satisfied that it would be in the interests of the efficient administration of the Service to do so,
the Board may, having considered whether it would be in the interests of the efficient administration of the Service to transfer the officer under section 51, by notice in writing given to the officer, reduce the officer's classification.
"(4) The powers conferred on a Secretary or the Board by this section are subject to any applicable industrial award.
"(5) A notice given to an officer under this section takes effect as provided by the regulations.
"(6) In this section, 'relevant matter', in relation to an officer, means any of the following matters:
     (a) that an officer is unable to perform his or her duties, or other duties appropriate to the officer's classification, because of physical or mental incapacity;
     (b) that an officer is inefficient;
     (c) that an officer is not qualified to perform his or her duties;
     (d) that an officer is an excess officer.

Board may issue administrative instructions and directions
"76x. (1) The Board may cause to be published in the Gazette written administrative instructions, not inconsistent with this Act, in relation to the exercise of powers conferred on Secretaries by this Division.
"(2) The Board may, by notice in writing, give to a Secretary directions in relation to the exercise of powers conferred on Secretaries by this Division.
"(3) A Secretary exercising, or proposing to exercise, a power conferred by this Division—
     (a) shall comply with any administrative instructions expressed to be binding on Secretaries and with any directions given to the Secretary under sub-section (2) that are expressed to be binding; and
     (b) shall have regard to any other administrative instructions, and to any other 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