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Public Sector Management Act
123Reduction in classification or retirement
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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day the appeal is withdrawn;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.