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The Agency will undertake action set out in clauses 3 <strong>and</strong> 3.3 <strong>of</strong> <strong>the</strong>se procedures during <strong>the</strong><br />

stages <strong>of</strong> redeployment <strong>and</strong> retraining under both sections 41 <strong>and</strong> 43 <strong>of</strong> <strong>the</strong> PSEM Act.<br />

1.5 When to Seek Assistance <strong>of</strong> <strong>the</strong> Commissioner<br />

(a)<br />

Where <strong>the</strong> CEO has notified an Employee under section 41 <strong>of</strong> <strong>the</strong> PSEM Act to be<br />

potentially surplus, <strong>and</strong> after 4 months <strong>of</strong> unsuccessful attempts at redeployment <strong>and</strong><br />

retraining, or sooner if a poor prognosis is apparent, <strong>the</strong> CEO will formally seek <strong>the</strong><br />

assistance <strong>of</strong> <strong>the</strong> Commissioner in accordance with Section 43 <strong>of</strong> <strong>the</strong> PSEM Act, <strong>and</strong><br />

ensure <strong>the</strong> following action is taken:<br />

i. Advise <strong>the</strong> Employee in writing <strong>of</strong> action under section 43 <strong>of</strong> <strong>the</strong> PSEM Act.<br />

ii.<br />

iii.<br />

Include a request to arrange an interview date <strong>and</strong> time at which <strong>the</strong> Employee's<br />

status is to be discussed <strong>and</strong> advise that a representative, including an accredited<br />

Union representative, or o<strong>the</strong>r support person, may be present, at <strong>the</strong> request <strong>of</strong><br />

<strong>the</strong> Employee.<br />

Arrange for a representative <strong>of</strong> <strong>the</strong> Commissioner to attend <strong>the</strong> interview.<br />

(b) The interview referred to above is to address information outlined under sub-clause 1.2<br />

<strong>of</strong> <strong>the</strong>se procedures.<br />

2. Recording <strong>and</strong> Monitoring by <strong>the</strong> Commissioner<br />

2.1 The Commissioner will cause <strong>the</strong> following action to take place:<br />

(a)<br />

(b)<br />

(c)<br />

Where an Employee has been notified in accordance with Section 41 <strong>of</strong> <strong>the</strong> PSEM Act as<br />

being potentially surplus to <strong>the</strong> requirements <strong>of</strong> his or her Agency, <strong>the</strong> Commissioner<br />

will ensure <strong>the</strong> Employee's details are recorded on a central data base for <strong>the</strong> purpose <strong>of</strong><br />

maintaining statistical information, <strong>and</strong> maximising redeployment opportunities <strong>and</strong><br />

reporting to government.<br />

Where an Employee has been notified in accordance with section 43 <strong>the</strong> PSEM Act, <strong>the</strong><br />

Commissioner will write to <strong>the</strong> Employee acknowledging notification <strong>and</strong> <strong>the</strong> request for<br />

assistance from his or her Agency. This letter will also advise <strong>the</strong> Employee <strong>of</strong> a contact<br />

person within <strong>the</strong> <strong>Office</strong> <strong>of</strong> <strong>the</strong> Commissioner, should <strong>the</strong> Employee have any queries<br />

about his or her status. The Commissioner will enter <strong>the</strong> Employee’s reviewed Section<br />

43 status on <strong>the</strong> database.<br />

Agency information <strong>and</strong> recommendations will be assessed <strong>and</strong> <strong>the</strong> CEO will be advised<br />

to take one or more <strong>of</strong> <strong>the</strong> following courses <strong>of</strong> action:<br />

i. Redeployment (refer clause 3).<br />

ii. Retraining (refer clause 4).<br />

100<br />

NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement

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