120CTaking effect of notices reducing the classification of, or retiring, an officer

120C Taking effect of notices reducing the classification of, or retiring, an officer (a) a reference to action taken in relation to an officer under section 76W of the Act is a reference to: (i) the proposed reduction of the classification of the officer; or (ii) the proposed retirement of the officer from the Service; under that section and, for the purposes of this regulation: (iii) the matter referred to in each of the paragraphs in subsection 76W (6) of the Act shall be regarded as a ground for that action; and (iv) a reference to the ground of invalidity is a reference to the matter referred to in paragraph 76W (6) (a) of the Act; (b) a reference to an appeal in relation to a notice given under section 76W of the Act is a reference to an appeal under section 76Z of the Act against the giving of that notice; (c) a reference to the appeal period is a reference to the period prescribed by regulation 120D. (2) For the purposes of subsection 76W (5) of the Act: (a) where an officer has consented to action being taken in relation to the officer under section 76W of the Act on the ground of invalidity — a notice given to the officer by the Secretary or the Board under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the officer and the Secretary, or between the officer and the Board, as the case may be, whether before or after the day on which the notice is given to the officer; and (b) where an officer has consented to action being taken in relation to the officer under section 76W of the Act on any other ground — a notice given to the officer by the Secretary or the Board under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the officer and the Secretary, or between the officer and the Board, as the case may be, being a day no earlier than the day on which the notice is given to the officer. (3) For the purposes of subsection 76W (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76W of the Act on the ground of invalidity, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect: (a) in accordance with subregulation (6); or (b) where under an industrial award that is applicable to the officer the notice would not take effect until the day immediately following the day on which the officer exhausts any full-pay sick leave credits to which the officer may be entitled before retirement in accordance with that award and the day that so follows occurs after the time so determined — on that day. (4) For the purposes of subsection 76W (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76W of the Act on the ground that the officer is an excess officer, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect: (a) in accordance with subregulation (6); or (b) where under an industrial award that is applicable to the officer the notice would not take effect until the end of a retention period that ends in relation to that officer after the time so determined — at the end of that period. (5) For the purposes of subsection 76W (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76W of the Act on a ground other than invalidity or the ground that the officer is an excess officer, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect in accordance with subregulation (6). (6) For the purposes of subregulation (3), (4) or (5), a notice under section 76W of the Act given to an officer referred to in that subregulation takes effect: (a) on the day (if any) specified in the notice as the day on which that notice takes effect; (b) one month after the day on which the notice is given to the officer; (c) where the officer appeals against the giving of the notice and withdraws that appeal after the expiration of the appeal period before the Appeal Committee determines the appeal — on the day on which that appeal is withdrawn; or (d) where the officer appeals against the giving of the notice and the Appeal Committee confirms the notice — on the day on which that notice is confirmed;