Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p47
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 119330–122073

for the purposes of appeals under Divisions 8b and 8c of Part III of the Public Service Act 1922.

Constitution of Redeployment and Retirement Appeal Committees
"23. (1) A Redeployment and Retirement Appeal Committee shall be constituted by—
     (a) a Convenor nominated by the Agency;
     (b) a person nominated by—
         (i) where the Committee is constituted for the purpose of an appeal under Division 8b of Part III of the Public Service Act 1922 or an appeal under Division 8c of Part III of that Act against the giving of a notice by the Public Service Board—the Public Service Board; or
         (ii) where the Committee is constituted for the purpose of any other appeal by an officer under Division 8c of Part III of the Public Service Act 1922—the relevant Secretary; and
     (c) a person nominated by the organisation that is, under the regulations, the appropriate organisation or, in the absence of such a nomination, a person nominated as provided by the regulations.
"(2) In this section, 'officer' has the same meaning as in Division 8c of Part III of the Public Service Act 1922.".
(2) A Redeployment and Retirement Appeal Committee constituted, before the commencement of this section, for the purpose of an appeal that had not been disposed of before that commencement shall continue to deal with, and shall determine, that appeal as if the amendments made by sub-section (1) and section 115 had not been made.

Member ceasing to act
114. Section 25 of the Principal Act is amended by omitting from sub-section (1) "parties" and substituting "Agency".

Split decision
115. Section 26 of the Principal Act is amended by omitting "Chairman" and substituting "Convenor".

116. After section 26 of the Principal Act the following section is inserted in Subdivision D of Division 2 of Part II:

Enactment may provide for other appeals to be heard by Redeployment and Retirement Appeal Committees
"26a. An enactment may provide that appeals of a specified kind in relation to redeployment or retirement of Commonwealth employees, not being appeals to which section 22 applies, may be made to a Redeployment and Retirement Appeal Committee established in accordance with this Subdivision and, where an enactment so provides—
     (a) the Agency shall, from time to time, arrange for the establishment of such Redeployment and Retirement Appeal Committees as appear to it to be required for the purposes of hearing appeals of that kind;
     (b) in hearing an appeal of that kind a Redeployment and Retirement Appeal Committee has and may exercise the same powers in relation to procedure that it would have or could exercise if it were hearing an appeal to which section 22 applies; and
     (c) the enactment may make such