s. 82 Division 4—Incapacity for duty Pt 4 Div. 4 (Heading and ss 82–85) substituted as Pt 4 Div. 4 (Heading and ss 82–84) by No. 77/2012 s. 14. S. 82 82 Definitions substituted by No. 77/2012 (1) In this Division— s. 14. includes— incapacity (a) lack of aptitude; (b) inefficiency; (c) lack of competence or ability; means a notice given under notice of incapacity section 83; means any action or process of a remedial action remedial nature (other than dismissal) taken or undertaken in relation to the performance of a member of the force, including— (a) the imposition of a remedial plan; (b) the amendment of an existing remedial plan; (c) transfer of the member to other duties. (2) In this Division, a reference to a member being incapable of performing his or her duties as a member of the force includes— (a) the member displaying a lack of aptitude for the performance of those duties; (b) the member being inefficient in the performance of those duties; (c) the member displaying a lack of competence or ability to meet the inherent requirements of those duties.
Pt 4 Div. 4 (Heading and ss 82–85) substituted as Pt 4 Div. 4 (Heading and ss 82–84) by No. 77/2012 s. 14. Division 4—Incapacity for duty S. 82 substituted by No. 77/2012 s. 14. 82 Definitions s. 82 (1) In this Division— incapacity includes— (a) lack of aptitude; (b) inefficiency; (c) lack of competence or ability; notice of incapacity means a notice given under section 83; remedial action means any action or process of a remedial nature (other than dismissal) taken or undertaken in relation to the performance of a member of the force, including— (a) the imposition of a remedial plan; (b) the amendment of an existing remedial plan; (c) transfer of the member to other duties. (2) In this Division, a reference to a member being incapable of performing his or her duties as a member of the force includes— (a) the member displaying a lack of aptitude for the performance of those duties; (b) the member being inefficient in the performance of those duties; (c) the member displaying a lack of competence or ability to meet the inherent requirements of those duties.
58-6338a150.docx