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Public Sector Management Act
127Forfeiture of office
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127 Forfeiture of office
(1) This section applies if an officer is absent from work without
permission for a continuous period of 4 weeks or more.
(2) The head of service may give the officer a written notice telling the
officer that the officer will be taken to have retired from the service
2 weeks from the day the notice was sent unless, within the 2-week
period, the officer—
(a) returns to work; or
(b) explains the absence and asks the head of service for any further
period of absence that may be necessary having regard to that
explanation.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(3) The officer is taken to have retired from the service on the day after
the end of the 2-week period unless the officer—
(a) returns to work; or
(b) explains the absence.
(4) If the officer explains the absence and asks the head of service for a
further period of absence, the head of service must—
(a) as soon as practicable, consider the matter; and
(b) tell the officer, in writing, that the officer—
(i) is given leave for the period, including any conditions on
the leave; or
(ii) must return to work within a stated period (of at least
2 weeks) or the officer will be taken to have retired from
the service at the end of the stated period.
(5) If an officer is required to return to work within a period stated under
subsection (4) (b) (ii) and the officer does not return to work in the
period, the officer is taken to have retired from the service on the day
after the end of the period.
Preliminary Division 7.1