76Retirement or transfer of officers through invalidity or incapacity

#### 76 Retirement or transfer of officers through invalidity or incapacity 76 Retirement or transfer of officers through invalidity or incapacity > > (1) Where the Secretary determines— > > > > > (a) that an officer of the Teaching Service is, because of invalidity or physical or mental incapacity, unable to perform the duties of his or her position, > > > > > (b) that the invalidity or incapacity is likely to be of a permanent character, and > > > > > (c) that the invalidity or incapacity has not arisen from actual misconduct on the officer’s part or from causes within the officer’s control, > > > > the Secretary— > > > > > (d) may cause the officer to be retired from the Teaching Service, or > > > > > (e) with the consent of the officer, may transfer the officer— > > > > > > > (i) to some other position in the Teaching Service, or > > > > > > > (ii) to ongoing employment in the Public Service (with the approval of the head of the Public Service agency concerned), > > > > > > > (iii) (Repealed) > > > > > > with salary and other conditions of the officer’s employment appropriate to that position or employment. > > > (2) A decision or determination of the Secretary under subsection (1) is not subject to appeal under Part 7 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). > > **s 76:** Am 1980 No 24, Sch 4; 2004 No 114, Sch 1 \[19\] \[38\] \[41\]–\[43\]; 2005 No 64, Sch 2.56; 2010 No 54, Sch 3.18 \[3\]; 2014 No 22, Sch 2 \[11\] \[12\].