76SInterpretation

##### 76S Interpretation (1) In this Division, unless the contrary intention appears: > Appeal Committee means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection Act. > continuing employee has the same meaning as in Division 10. > excess officer includes a person who would be an excess officer as defined in subsection 7(3) if references in that subsection to officers included references to persons who are officers within the meaning of this Division. > fixed‑term employee has the same meaning as in Division 10. > officer means an officer, other than a Secretary, an unattached Secretary or a Senior Executive Service officer, and includes a continuing employee who has been an employee for more than one year, but does not include an officer whose appointment to the Service on probation has not been confirmed. > overseas employee has the same meaning as in Division 10. > short‑term employee has the same meaning as in Division 10. (2) For the purposes of this Division, an officer is inefficient if and only if the officer fails, in the performance of the duties that he or she is required to perform, to attain or sustain a standard of efficiency that a person may reasonably be expected to attain or sustain in the performance of those duties. (3) Without limiting the generality of the matters to which regard may be had for the purpose of determining whether an officer has failed, in the performance of the duties that he or she is required to perform, to attain or sustain the standard of efficiency referred to in subsection (2): (a) regard shall be had to: (i) any written selection criteria or job specifications applicable to those duties; (ii) any duty statement describing those duties; and (iii) any written work standards or instructions relating to the manner of performance of those duties; and (b) regard may be had to: (i) any written selection criteria or job specifications applicable to similar duties; (ii) any duty statements describing similar duties; and (iii) any written work standards or instructions relating to the manner of performance of similar duties. (4) A reference in subsection (3) to similar duties, in relation to an officer holding an office or included in a Department, is a reference to similar duties that other officers of that Department are required to perform. (5) For the purposes of this Division, an officer is not qualified to perform his or her duties if and only if, in relation to those duties: (a) the officer ceases to hold, or becomes unable or ineligible to hold or to use and enjoy, an essential qualification; or (b) a court, person, authority or body that is competent to do so suspends, cancels, revokes, rescinds or otherwise withdraws an essential qualification held by the officer. (6) A reference in subsection (5) to an essential qualification, in relation to an officer, is a reference to any statutory, professional, academic, commercial, technical, trade, health or other qualification the holding of which is a prerequisite to the practice of a profession, trade or occupation, the exercise of a right or the performance of a function or duty, being a profession, trade, occupation, right, function or duty that it is necessary for that officer to practise, exercise or perform in the course of his or her employment.