82AJUnauthorised absence from employment to be taken as retirement

##### 82AJ Unauthorised absence from employment to be taken as retirement (1) This section applies to the following employees: (a) a continuing employee; (b) an employee whose employment is deemed to be employment as a continuing employee under subsection 82AD(9). (2) Where an employee is absent from his or her employment in a Department without permission, and has been so absent for a continuous period of not less than 4 weeks, the relevant Secretary may send to the employee a notice informing the employee that unless within a period of 2 weeks from and including the day on which the notice was sent: (a) he or she returns to his or her employment in the Department; or (b) he or she explains his or her absence and seeks the permission of the Secretary for any further period of absence that may be necessary having regard to that explanation; the employee will be taken to have retired from the Service at the end of that period of 2 weeks. (3) Where the employee does not, within the period of 2 weeks from and including the day on which the notice was sent to him or her: (a) return to his or her employment in the Department; or (b) explain his or her absence and seek the permission of the Secretary for a further period of absence; and the notice has not been revoked under subsection (6), the employee is taken to have retired from the Service on the day following the end of that period of 2 weeks. (4) Where the notice has been sent to the employee and, within the period of 2 weeks after that notice was so sent, the employee explains his or her absence and seeks the permission of the Secretary for a further period of absence, the Secretary must, as soon as practicable, consider the matter and may, by notice, inform the employee: (a) that he or she has been granted leave of absence for such period and on such conditions as are specified in the notice; or (b) that he or she is required to return to his or her employment in the Department and that, unless he or she returns to his or her employment within a specified period (being a period of at least 2 weeks from and including the day on which the notice is sent) the employee is to be taken to have retired from the Service at the end of the period so specified. (5) Where the employee who is required by the notice sent to him or her to return to his or her employment does not return to the employment within the period referred to in the notice and the notice is not revoked under subsection (6), the employee is taken to have retired from the Service on the day after the end of that period. (6) The Commissioner may, at any time before the employee is taken to have retired from the Service, by notice, revoke a notice previously sent to the employee under this section, and the notice is then of no effect. (7) Where: (a) the Secretary under subsection (2) may send a notice to the employee; or (b) the Secretary under subsection (4), and the Commissioner under subsection (6), may exercise a power in relation to the employee by notice; the notice must be in writing and sent to the employee by security post addressed to the employee at the address last known to the Secretary or Commissioner, as the case may be.