(1)  If a Head of Agency considers a permanent employee employed in the Agency to be surplus to the requirements of the Agency, the Head of Agency is to –

(a) advise the employee, in writing, of the Head of Agency's intention to recommend to the Commissioner that the employee be made available for redeployment and the reasons for that intention; and

(b) request the employee to provide a response, within 14 days of being so advised, to the Head of Agency.

(2)  At the expiration of the period of 14 days referred to in subsection (1) , if the Head of Agency, after considering the employee's response (if any), decides that the employee is surplus to the requirements of the Agency, the Head of Agency may recommend to the Commissioner that the employee be made available for redeployment.

(3)  When making a recommendation under subsection (2) , the Head of Agency is to forward any employee's response referred to in subsection (1)(b) to the Commissioner.

(4)  If the Commissioner accepts the recommendation, the Commissioner is to take such action as the Commissioner considers reasonable and practicable to identify duties in the State Service which could be assigned to the employee.

(5)  The Commissioner may assign duties in the State Service to the employee –

(a) having regard to the aptitude, knowledge, skills, qualifications and experience of the employee; and

(b) if the Commissioner is satisfied that the employee can reasonably be required to perform the relevant duties.

(6)  If the Commissioner has indicated to a Head of Agency his or her intention to assign duties to an employee under subsection (5) , the Head of Agency is not to assign those duties without the approval of the Commissioner.

(7)  An employee who is assigned duties under subsection (5) is to be paid, for a period of 12 months from the day on which the employee is assigned those duties, a salary not less than the salary which the employee was paid before being so assigned those duties.

(8)  After the expiration of the 12 month period referred to in subsection (7) , the employee is to be paid the salary applicable to the classification in respect of the duties which have been assigned to the employee.

(9)  During the period between the date on which the Commissioner accepts the recommendation of the Head of Agency for redeployment and the date on which the employee is assigned duties by the Commissioner or the date on which the Commissioner advises the Head of Agency of the Commissioner's inability to effect the redeployment, whichever is the earlier, the Head of Agency must ensure that the services of the employee are used as effectively and efficiently as is practicable.

(10)  If the Commissioner is unable to assign duties to the employee within a period of 12 months from the day on which the Commissioner accepts the recommendation of the Head of Agency under subsection (4) , the Commissioner must notify, in writing, the Head of Agency of the Commissioner's inability to do so.

(11)  If the Commissioner notifies the Head of Agency of the Commissioner's inability to assign duties to the employee, the Head of Agency may request the Minister to terminate the employment of the employee in accordance with section 44(3)(b) .

(12)  During the period referred to in subsection (9) , the Commissioner may suspend that period for such term as the Commissioner determines.