76WPowers of Secretary and Board

##### 76W Powers of Secretary and Board (1) Where the relevant Secretary is satisfied of a relevant matter in relation to an officer, the relevant Secretary may, having considered whether it would be in the interests of the efficient administration of the Secretary’s Department to transfer the officer under section 50, subject to subsection (2), by notice in writing given to the officer, reduce the officer’s classification or retire the officer from the Service. (2) Where: (a) a Secretary: (i) has been unable to find alternative suitable employment for an excess officer in the Secretary’s Department; and (ii) proposes to exercise the power under subsection (1) in relation to the officer; and (b) the officer has not consented to the exercise of that power; the Board shall take such action as is reasonable to find alternative suitable employment for the officer in the Service, and the Secretary shall not exercise the power under subsection (1) in relation to the officer unless the Board is satisfied that it would not be in the interests of the efficient administration of the Service to transfer the officer under section 51 to another Department. (3) Where the Board is: (a) satisfied of a relevant matter in relation to an officer; and (b) satisfied that it would be in the interests of the efficient administration of the Service to do so; the Board may, having considered whether it would be in the interests of the efficient administration of the Service to transfer the officer under section 51, by notice in writing given to the officer, reduce the officer’s classification. (4) The powers conferred on a Secretary or the Board by this section are subject to any applicable industrial award. (5) A notice given to an officer under this section takes effect as provided by the regulations. (6) In this section, relevant matter, in relation to an officer, means any of the following matters: (a) that an officer is unable to perform his or her duties, or other duties appropriate to the officer’s classification, because of physical or mental incapacity; (b) that an officer is inefficient; (c) that an officer is not qualified to perform his or her duties; (d) that an officer is an excess officer.