76WPowers of Authority

76W Powers of Authority (1) Where an Authority is satisfied of a relevant matter in relation to an employee of the Authority it may, having considered whether it would be in the interests of the efficient administration of the Authority to transfer the employee to another position in the Authority, by notice in writing given to the employee, alter the employment of the employee with the Authority by employing him or her in a lower capacity or retire the employee from the Authority. (2) The powers conferred on an Authority by this section are subject to any applicable industrial award. (3) A notice given to an employee under this section takes effect as provided by section 76ZA. (4) In this section: > relevant matter, in relation to an employee, means any of the following matters: (a) that an employee is unable to perform his or her duties, or other duties appropriate to employment in the Authority in the same capacity in which he or she is employed, because of physical or mental incapacity; (b) that an employee is inefficient; (c) that an employee is not qualified to perform his or her duties; (d) that an employee is an excess employee.