76SInterpretation

76S Interpretation > “Appeal Committee” means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection Act. > “Authority” means an authority or body that, immediately before the commencement of section 129 of the Public Service Legislation (Streamlining) Act 1986, was a prescribed Commonwealth authority within the meaning of the repealed Act. > “employee” means: (a) a person employed by an Authority on a permanent basis other than an employee whose employment is on probation and whose employment has not been confirmed; (b) a person employed by an Authority on a temporary basis whose period of continuous service exceeds one year but does not include a person engaged for a specific period or for the completion of a specific task. > “repealed Act” means the Commonwealth Employees (Redeployment and Retirement) Act 1979. (2) An employee is an excess employee for the purposes of a provision of this Division if: (a) the employee is in a class of employees employed in an Authority, which class comprises a greater number of employees than is necessary for the efficient and economical working of the Authority; (b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the Authority or changes in the nature, extent or organisation of the functions of the Authority; or (c) where the duties usually performed by the employee are to be performed at a different locality and the Authority has determined that the provision applies in relation to the re‑location of the performance of those duties — the employee is not willing to perform duties at that locality. (3) For the purposes of this Division, an employee is inefficient if and only if the employee 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. (4) Without limiting the generality of the matters to which regard may be had for the purpose of determining whether an employee 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 (3): (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 statement describing similar duties; and (iii) any written work standards or instructions relating to the manner of performance of similar duties. (5) A reference in subsection (4) to similar duties, in relation to an employee of an Authority, is a reference to similar duties that other employees of that Authority are required to perform. (6) For the purposes of this Division, an employee is not qualified to perform his or her duties if and only if, in relation to those duties: (a) the employee 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 employee. (7) A reference in subsection (6) to an essential qualification, in relation to an employee, 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 employee to practise, exercise or perform in the course of his or her employment. (8) In this Division, a reference to the retirement of a person from an Authority is a reference to the retirement of that person from his or her employment in the Authority.