76ZAppeals

76Z Appeals (1) An employee to whom a notice under section 76W has been given (not being an employee who, before receiving the notice, consented in writing to the giving of the notice) may, within 14 days after receiving the notice, appeal to an Appeal Committee against the giving of the notice, on the ground that the employment of the employee in a lower capacity, or the retirement of the employee, as the case requires, would be unreasonable. (2) Where an employee appeals to an Appeal Committee against the giving of a notice, an Appeal Committee shall hear and determine the appeal and may: (a) confirm the notice; or (b) revoke the notice. 76ZA Taking effect of notices under section 76W (1) In this section: (a) a reference to action taken in relation to an employee under section 76W is a reference to: (i) the proposed alteration of his or her employment with the Authority under that section so that he or she would be employed in a lower capacity; or (ii) the proposed retirement of the employee from the Authority under that section; and, for the purposes of this section: (iii) the matter referred to in each of the paragraphs in subsection 76W (4) 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 (4) (a); (b) a reference to an appeal in relation to a notice given under section 76W is a reference to an appeal under section 76Z against the giving of that notice; (c) a reference to the appeal period is a reference to the period referred to in section 76Z. (2) For the purposes of subsection 76W (3): (a) where an employee has consented to action being taken in relation to the employee under section 76W on the ground of invalidity — a notice given to the employee by the Authority under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the employee and the Authority, whether before or after the day on which the notice is given to the employee; and (b) where an employee has consented to action being taken in relation to the employee under section 76W on any other ground — a notice given to the employee by the Authority under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the employee and the Authority, being a day no earlier than the day on which the notice is given to the employee. (3) For the purposes of subsection 76W (3), where an employee has not consented to action being taken in relation to the employee under section 76W on the ground of invalidity, a notice given to the employee by the Authority under that section for the purposes of that action takes effect: (a) in accordance with subsection (6); or (b) where under an industrial award that is applicable to the employee the notice would not take effect until the day immediately following the day on which the employee exhausts any full-pay sick leave credits to which the employee 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 (3), where an employee has not consented to action being taken in relation to the employee under section 76W on the ground that the employee is an excess employee, a notice given to the employee by the Authority under that section for the purposes of that action takes effect: (a) in accordance with subsection (6); or (b) where under an industrial award that is applicable to the employee the notice would not take effect until the end of a retention period that ends in relation to that employee after the time so determined — at the end of that period. (5) For the purposes of subsection 76W (3), where an employee has not consented to action being taken in relation to the employee under section 76W on a ground other than invalidity or the ground that the employee is an excess employee, a notice given to the employee by the Authority under that section for the purposes of that action takes effect in accordance with subsection (6). (6) For the purposes of subsection (3), (4) or (5), a notice under section 76W given to an employee referred to in that subsection 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 employee; (c) where the employee 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 employee appeals against the giving of the notice and the Appeal Committee confirms the notice — on the day on which that notice is confirmed; 76ZB Delegation (1) An Authority may: (a) if it is a body corporate — by instrument under its seal; or (b) in any other case — by instrument in writing; delegate, either generally or as otherwise provided in the instrument, to a member of the Authority or to a person employed by the Authority all or any of its powers and functions under this Division, other than this power of delegation. (2) A power or function delegated under subsection (1) when exercised or performed by the delegate shall, for the purposes of this Division, be deemed to have been exercised or performed by the Authority. (3) A delegation under subsection (1) does not prevent the exercise of a power or the performance of a function by the Authority.