Public Sector Management Act 1994

This section applies to an officer whose unsuccessful redeployment is referred to the director-general under section 122 (4).

The director-general may, with written notice to the officer—

reduce the officer’s classification by—

transferring the officer to an office with a lower classification; or

declaring, in consultation with the head of service, the officer to be an unattached officer of a lower classification; or

retire the officer from the service.

A decision under subsection (2) is an appellable decision.

If the officer agrees to a reduction in classification or retirement, the date of effect of the action is—

for an incapacitated officer—a day agreed, in writing, between the officer and the director-general; or

for an ineligible or an excess officer—any day after the day the notice was given that is agreed, in writing, between the officer and the director-general.

If the officer does not agree to a reduction in classification or retirement, the date of effect of the action is—

if an industrial instrument applies to the officer and states a retention period for the circumstances—the day after the end of the retention period; or

if paragraph (a) does not apply—the latest of the following:

the day stated in the notice;

the day 1 month after the day the notice was given to the officer;

if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn;

if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided.