123Reduction in classification or retirement

123 Reduction in classification or retirement (1) This section applies to an officer whose unsuccessful redeployment is referred to the director-general under section 122 (4). (2) The director-general may, with written notice to the officer— (a) reduce the officer’s classification by— (i) transferring the officer to an office with a lower classification; or

(ii) declaring, in consultation with the head of service, the officer to be an unattached officer of a lower classification; or (b) retire the officer from the service. (3) A decision under subsection (2) is an appellable decision. (4) If the officer agrees to a reduction in classification or retirement, the date of effect of the action is— (a) for an incapacitated officer—a day agreed, in writing, between the officer and the director-general; or (b) for an ineligible or an excess officer—any day after the day the notice was given that is agreed, in writing, between the officer and the director-general. (5) If the officer does not agree to a reduction in classification or retirement, the date of effect of the action is— (a) if an industrial instrument applies to the officer and states a retention period for the circumstances—the day after the end of the retention period; or (b) if paragraph (a) does not apply—the latest of the following: (i) the day stated in the notice; (ii) the day 1 month after the day the notice was given to the officer; (iii) if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn; (iv) if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided.