PUBLIC SERVICE AMENDMENT ACT 1978

No. 170 of 1978

An Act to amend the Public Service Act 1922, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Public Service Amendment Act 1978.

(2) The Public Service Act 1922 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1, 2, 5, 7 to 11 (inclusive), 14, 15, 18, 25 and 38 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. Section 7 of the Principal Act is amended by inserting after the definition of “Chief Officer” the following definition:

Officers of the Parliament

4. Section 9 of the Principal Act is amended—

“(2) Subject to this section, unless inconsistent with the context, any action or approval required by this Act or the regulations to be taken or given by the Board may, so far as officers of the Parliament are concerned, be taken or given by the President or the Speaker, or the President and the Speaker, as the case may be, in substitution for the Board, and any action required or authorized by this Act or the regulations to be taken by a Permanent Head or Chief Officer shall or may be taken—

Delegation by Board

5. (1) Section 16 of the Principal Act is amended—

“(1) The Board may, by instrument in writing signed by all, or a majority of, the members of the Board, either generally or as otherwise provided by the instrument, delegate to the Chairman of the Board, to another member of the Board or to an officer or employee any of its powers and functions under this Act or under any other law, whether passed or made before or after the commencement of this sub-section, other than this power of delegation.

“(1a) A power or function so delegated, when exercised or performed by the delegate, shall, for all purposes, be deemed to have been exercised or performed by the Board.

“(2) A delegation of a power or function under this section—

“(2a) Section 34a of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Board were a person.”; and

(2) An instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it were an instrument of delegation under section 16 of the Principal Act as amended by sub-section (1).

Increments

6. (1) Section 31 of the Principal Act is amended by omitting from sub-section (4) “conduct,”.

(2) The amendment effected by sub-section (1) applies to and in relation to any order that the payment be deferred of an increment of salary to which an officer would, but for that order, have been entitled upon the expiration of a period ending on or after the date of commencement of this section, whether or not that order was made on or after that date.

7. (1) Section 32 of the Principal Act is repealed and the following section substituted:

Conditions of advancement

“32. (1) Where a scale of rates of salary is applicable to an office, or an office included in a class of offices, the Board may, by instrument in writing published in the Gazette—

“(2) A determination under sub-section (1) has effect notwithstanding section 31.”.

(2) An instrument in force under section 32 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it had been made under section 32 of the Principal Act as amended by sub-section (1).

Restriction on number of graduate appointees under section 33

8. Section 36 of the Principal Act is repealed.

Appointments to offices requiring professional, technical or special qualifications

9. Section 37 of the Principal Act is amended by omitting sub-section (2).

Special appointments to Second and Third Divisions

10. Section 38 of the Principal Act is amended by omitting sub-section (2).

Appointments to offices requiring technical or special qualifications

11. Section 40 of the Principal Act is amended by omitting sub-section (2a).

Appointments to be on probation

12. Section 47 of the Principal Act is amended—

“(9b) Where it is not reasonably practicable for the Board to obtain a relevant report covering a part of the period of probationary service of a probationer, the Board may make such inquiries as it considers reasonable and practicable in the circumstances with respect to the performance of his duties during that part of that period and, if it does so, shall then be deemed to have received a relevant report covering that part of that period.

“(9c) In sub-section (9a), ‘Commonwealth authority’, ‘Commonwealth office’, ‘eligible Commonwealth employment’ and ‘eligible public employment’ have the same respective meanings as they have in Part IV.”;

“(14) The Board—

“(15) A reference in this section to the appointment of a person to the Service shall be read as including a reference to the reappointment of a person to the Service under section 47b, 47c, 63f, 63g, 66b, 87m, 87q or 87r.”.

Reappointment of retired officers

13. Section 47b of the Principal Act is amended—

“(1) Subject to this section, the Board may re-appoint to the Service, under this section, a person who has, whether before or after the commencement of this sub-section, ceased to be an officer.

“(1a) The Board shall not re-appoint a person to the Service under this section—

“(1b) Sub-section (1a) does not apply in relation to a person in relation to whom that sub-section would, but for this sub-section, apply if—

“(1c) For the purposes of sub-section (1a)—

Reappointment of persons who have retired from Service to become candidates at elections

14. Section 47c of the Principal Act is amended—

Recognition of prior service

15. (1) Section 47e of the Principal Act is amended—

“(1) Where the current period of employment of an officer is continuous with a period during which he was continuously employed, in a full-time capacity, in a qualifying service, or in 2 or more qualifying services in succession, the Board may, at, or at any time after, the commencement of his employment in the Service, determine that the whole or a part of the second-mentioned period is to be reckoned as a period of service in the Service for such purposes as the Board specifies.

“(2) Where an officer to whom this sub-section applies was, during a period (in this sub-section referred to as the ‘relevant period’) that commenced on 16 September 1975, continuously employed, in a full-time capacity, in—

(a) a service referred to in paragraph (4)(a) or (b); or

(b) 2 or more of the services referred to in paragraphs (4)(a), (b) and (c) in succession,

the officer shall, for the purposes of sub-section (1), be deemed to have been continuously employed in a qualifying service during the period, or during each of the periods, during which he was, during the relevant period, employed, in a full-time capacity, in a service referred to in paragraph (4)(a) or (b).”;

“(6) For the purposes of this section—

(ii) a service referred to in sub-section 11(2) of that Act; and

commenced after, but not more than 2 months after, the expiration of a previous continuous period of employment of the officer, in a full-time capacity, in a qualifying service, those periods shall be deemed to be continuous with one another.

“(7) For the purposes of paragraph (6)(b), where a person, having ceased to be employed, in a full-time capacity, in a qualifying service, has undertaken a course of full-time training—

before resuming employment, in a full-time capacity, in a qualifying service, the resumption of his employment, in a full-time capacity, in a qualifying service shall be deemed to have occurred not more than 2 months after he ceased to be so employed if the period between his ceasing to be so employed and that resumption, less the period of his course of full-time training under that scheme, does not exceed 2 months.”.

(2) A determination under section 47e of the Principal Act made by the Board before the date of commencement of this section in relation to the employment of a person who is employed as an officer on that date has effect, on and after that date, as if it had been made by the Board under that section as amended by sub-section (1) of this section.

Transfers, promotions and appeals

16. (1) Section 50 of the Principal Act is amended by omitting from sub-section (7a) “section 72, is absent on specified defence service” and substituting “section 71, being leave of a kind declared by the regulations to be leave to which this sub-section applies,”.

(2) The reference in sub-section 50(7a) of the Principal Act as amended by this Act to an officer who is absent on leave granted under section 71, being leave of a kind declared by the regulations to be leave to which that sub-section applies, shall be deemed to include a reference to an officer who is absent on leave granted, before the commencement of this section, in pursuance of section 72 of the Principal Act or in respect of specified defence service.

Acting appointments to First Division

17. Section 54b of the Principal Act is amended—

Repeal of Division 5a of Part III

18. Division 5a of Part III of the Principal Act is repealed.

Division and Subdivision headings

19. The heading to Division 6 of Part III of the Principal Act is repealed and the following headings are substituted:

“Division 6—Discipline

“Subdivision A—Preliminary”.

20. Section 55 to 62 (inclusive) of the Principal Act are repealed and the following sections and headings to Subdivisions are substituted:

Interpretation

(a) has been dismissed from the Service under section 63a or 63d;

(b) is deemed, under section 66a, to have retired from the Service; or

(c) is an unattached officer within the meaning of Subdivision D of this Division,

means the officer who, under the regulations, is to be taken to be the Chief Officer in respect of that person;

(i) if the person held an office immediately before his dismissal—that office; or

“(2) A power conferred by a provision of this Division to re-appoint a person to an office includes a power to re-appoint the person to the Service as an unattached officer to whom there is applicable a salary, or range of salary, equivalent to the salary or range of salary applicable to that office.

“(3) Where the services of an officer have been made available, in accordance with the provisions of an Act, to a body established by or under an Act or Ordinance of a Territory and the officer performs his services for that body by performing the duties of an office in a Department, the officer shall be deemed, for the purposes of this Division, to be performing duty in that Department.

“(4) A reference in this Subdivision or Subdivision B, C or E to an officer shall be read as not including a reference to a person who is an unattached officer for the purposes of Subdivision D.

Meaning of failure to fulfil duty as officer

“56. For the purposes of this Subdivision and Subdivisions B, C and E, an officer shall be taken to have failed to fulfil his duty as an officer if and only if—

“Subdivision B—Officers included in the First Division

Disciplinary action in respect of officers included in First Division

“57. (1) Where the Minister has at any time, whether by reason of an allegation made to him or otherwise, reason to believe that an officer of the First Division may have failed to fulfil his duty as an officer, he may, by notice in writing delivered to the officer, suspend the officer from duty and charge him with the failure.

“(2) Where the Minister suspends an officer from duty under sub-section (1) and charges him with having failed to fulfil his duty as an officer, the Minister—

“(3) Where an officer has been charged with misconduct under sub-section (1), the officer may, within 7 days, or such longer period as the Board allows, after delivery to him of the notice charging him with the misconduct—

(i) that some or all of the matters alleged to constitute the misconduct are untrue; or

“(4) An officer who has been charged with misconduct under sub-section (1) shall not, by reason only of having failed to deny the truth of a matter included among matters alleged to constitute the misconduct, be taken to have admitted the truth of that matter.

“(5) Where an officer does not furnish a notification referred to in paragraph (3) (b) in relation to the misconduct with which he has been charged, a Board of Inquiry shall inquire into the charge and report to the Board whether it finds the charge to be proved and its reasons for its finding.

“(6) For the purposes of sub-section (5), a Board of Inquiry shall consist of a Chairman and 2 other members, all of whom shall be appointed by the Governor-General.

“(7) Where an officer furnishes to the Board a notification of the kind referred to in paragraph (3) (b) or a Board of Inquiry finds a charge of misconduct in respect of the officer to be proved, the Public Service Board shall, after consideration of the notification made by the officer or of the report of the Board of Inquiry, as the case may be, recommend to the Governor-General—

(i) admonishing the officer;

“(8) The Board shall furnish to the Governor-General with a recommendation under sub-section (7) in relation to a charge—

“(9) Before furnishing a recommendation to the Governor-General under sub-section (7) with respect to an officer, the Board shall inform the officer of the recommendation it proposes to furnish and afford the officer an opportunity to furnish to it any submission that the officer wishes the Governor-General to consider in relation to the recommendation.

“(10) Where a recommendation under sub-section (7) has been furnished to the Governor-General, the Governor-General may, after consideration of the recommendation and of any documents furnished with it in pursuance of sub-section (8)—

“(11) Where the Governor-General decides not to give effect to a recommendation furnished to him under sub-section (7) in relation to the misconduct of an officer, a copy of a statement setting out his reasons for not giving effect to the recommendation shall be laid before each House of the Parliament within 14 sitting days of that House after he so decides.

Conviction by courts of First Division officers

“58. (1) Where—

the Board may recommend to the Governor-General that he take, in respect of the officer, action by way of—

“(2) The Board shall furnish to the Governor-General with a recommendation under sub-section (1) in relation to a criminal offence—

“(3) Before furnishing a recommendation to the Governor-General under sub-section (1) with respect to an officer, the Board shall inform the officer of the recommendation it proposes to furnish and afford the officer an opportunity to furnish to it any submission that the officer wishes the Governor-General to consider in relation to the recommendation.

“(4) Where a recommendation has been furnished to the Governor-General under sub-section (1), the Governor-General may, after consideration of the recommendation and of any documents furnished with it in pursuance of sub-section (2)—

“(5) Where the Governor-General does not give effect to a recommendation furnished to him under sub-section (1), a copy of a statement setting out his reasons for not giving effect to the recommendation shall be laid before each House of the Parliament within 14 sitting days of that House after he so decides.

“(6) The fact that action is, or is not, taken against an officer under this section in respect of a criminal offence shall not be taken to preclude the Board or another body, or a Permanent Head or another person, from having regard to the conviction or finding, to the nature and seriousness of the offence and to the circumstances in which the offence was committed in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if those matters are relevant to the manner in which the power should be exercised or the function should be performed.

“(7) Nothing in sub-section (6) shall be taken to authorize the charging of an officer under section 57, and the taking of action in respect of the officer under this section, in relation to the same matter.

Suspension of First Division officers

“59. (1) Where an officer included in the First Division has been charged with having committed a criminal offence and the Minister is of the opinion that it would be prejudicial to the effective operation of the Service, to the interests of the public or to the interests of the officer or his fellow officers if the officer were to continue to perform the duties of his existing office pending the hearing and determination of the charge, the Minister may, by notice in writing delivered to the officer—

“(2) Except as provided by sub-section (3), an officer who has been suspended from duty under section 57 or under this section is not entitled to be paid salary in respect of the period during which he is so suspended.

“(3) Where an officer is suspended from duty under section 57 or under this section—

Removal and variation of suspension relating to First Division officers

“60. (1) Where an officer has been suspended from duty under section 57 or 59, the suspension may be removed in accordance with this section, but, subject to paragraph 63r (1) (e), shall not otherwise be removed, revoked or rescinded.

“(2) Where an officer is suspended from duty under section 59—

“(3) Where—

(i) is found by the Board of Inquiry established to inquire into it not to have been proved; or

(ii) is withdrawn,

the Minister shall remove the suspension.

“(4) Where—

the Minister shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires.

“(5) For the purposes of paragraph (4)(b), the conditions are—

“(6) Where the suspension of an officer who had, after having been suspended under section 59, sought and been granted leave of absence for a part of the period of suspension, is required to be removed under sub-section (4) or would have been required to be so removed if it had not previously been removed, the officer is entitled to a credit of a period of leave of absence equal to that part of the period of suspension.

“(7) Where an officer who has been suspended from duty under section 57 or 59 is dismissed from the Service, the period during which the officer is suspended from duty does not count as service for any purposes.

“(8) Where an officer retires from the Service or dies while he is suspended from duty under section 57 or 59, the Board shall determine whether the whole, or any part, of the officer’s period of suspension is to form part of the officer’s period of service for any purpose under this Act or any other Act, and, if so, the purposes for which it is to form part of his period of service.

“(9) Where an officer is under suspension from duty in respect of misconduct or a criminal offence immediately before the Governor-General takes action, or decides not to take action, with respect to the misconduct or offence, the suspension ceases upon the Governor-General taking that action or deciding not to take any action.

“(10) The revocation of a direction under sub-section 59 (1) that an officer perform other duties, or the removal of the suspension under that sub-section of an officer from duty, in circumstances (other than circumstances where the direction is required to be revoked or the suspension is required to be removed) does not prevent the officer from being directed to perform other duties, or being suspended from duty, in accordance with that sub-section, as if the previous direction or suspension had not taken place.

“Subdivision C—Officers included in the Second, Third or Fourth Division

Disciplinary action in respect of officers included in Second, Third or Fourth Division

“61. (1) If a supervisor of an officer included in the Second, Third or Fourth Division has reason to believe that the officer may, at any time, have failed to fulfil his duty as an officer, the supervisor may require the officer to furnish to the supervisor, in writing, an explanation of the matters alleged to constitute the failure and may, after consideration of any explanation furnished by the officer, if he is of the opinion that the officer has failed to fulfil his duty as an officer—

“(2) Where an officer authorized by the Chief Officer for the purposes of this sub-section is of the opinion, whether by reason of his consideration of a report furnished under sub-section (1) or otherwise, that an officer included in the Second, Third or Fourth Division may have failed to fulfil his duty as an officer, the authorized officer shall, as soon as practicable, decide whether he should be charged and—

“(3) An officer charged under sub-section (2) may request the Chief Officer to furnish copies of the charge to either or both of the following, that is to say—

and, if the officer makes such a request, the Chief Officer shall comply with the request.

Inquiries into misconduct in relation to officers included in Second, Third or Fourth Division

“62. (1) Where an officer is charged with misconduct under section 61, an inquiry shall, without undue delay, be held into the charge—

“(2) An inquiry into a charge shall not be held—

“(3) In an inquiry for the purposes of sub-section (1), a formal hearing is not required, but the officer shall be notified that an inquiry is to be held into the alleged misconduct and given an opportunity to state, in writing, within 7 days or such longer period as the officer holding the inquiry may allow after the notice is furnished to him, whether he admits or denies the truth of the matters alleged to constitute the misconduct and to furnish a statement in relation to those matters, including a statement submitting that the matters alleged to constitute the misconduct are, even if true, incapable in law of constituting the misconduct for the purposes of this Act.

“(4) Where an officer has furnished a statement in relation to the matters alleged to constitute misconduct, the officer shall, if he so requests, be given the opportunity of making a further oral statement to the officer holding the inquiry and, if he does so, a written record of his further statement shall be made by that officer.

“(5) An officer who has been charged with misconduct under section 61 shall not, by reason only of having failed to deny the truth of a matter included among matters alleged to constitute the misconduct, be taken to have admitted the truth of that matter.

“(6) Where the officer holding an inquiry into a charge is satisfied that the officer charged has failed to fulfil his duty as an officer, he may counsel the officer, or cause the officer to be counselled by another officer, or, if he is of the opinion that other action is necessary—

(i) admonishing the officer;

(ii) causing a sum not exceeding $40 to be deducted from the salary of the officer;

“(7) The officer holding the inquiry into a charge shall not direct that there be taken action of a kind specified in sub-paragraph (6)(a)(vii), being action by way of transferring an officer included in the Third Division to an office in the Fourth Division if the office in the Fourth Division has the same designation and classification as the designation and classification of an office in the Third Division.

“(8) Where the officer holding the inquiry into a charge makes the recommendation referred to in paragraph (6)(b) in respect of the officer charged, he shall furnish to the Board, with his recommendation, a copy of any statement furnished to him in pursuance of sub-section (3).

“(9) Where the officer holding an inquiry into a charge gives a direction of a kind referred to in paragraph (6)(a), or makes a recommendation to the Board of the kind referred to in paragraph (6)(b), in respect of the officer charged, he shall—

“(10) A direction under this section in respect of an officer takes effect—

but not otherwise.

Conviction by courts of officers included in Second, Third or Fourth Division

“63. (1) Where—

the Chief Officer may counsel the officer or may—

“(2) The Chief Officer shall not direct that there shall be taken action of a kind specified in sub-paragraph (1)(c)(ii), being action by way of transferring an officer included in the Third Division to an office in the Fourth Division, if the office in the Fourth Division has the same designation and classification as the designation and classification of an office in the Third Division.

“(3) Where a Chief Officer makes the recommendation referred to in paragraph (1)(d) in respect of an officer, he shall furnish to the Board, with his recommendation, a copy of any statement furnished to him by the officer in pursuance of paragraph (1)(b).

“(4) Where the Chief Officer gives a direction of a kind referred to in paragraph (1)(c), or makes a recommendation to the Board of the kind referred to in paragraph (1)(d), in respect of an officer, he shall—

“(5) A direction under this section in respect of an officer takes effect—

but not otherwise.

“(6) The fact that an officer is, or is not, counselled, or that other action is, or is not, taken against an officer, under this section, in respect of a criminal offence shall not be taken to preclude the Board or another body, or a Permanent Head or another person, from having regard to the conviction or finding, to the nature and seriousness of the offence and to the circumstances in which the offence was committed in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if those matters are relevant to the manner in which the power should be exercised or function should be performed.

“(7) Nothing in sub-section (6) shall be taken to authorize the charging of an officer under section 61, and the taking of action in respect of the officer under this section, in relation to the same matter.

Recommendation for dismissal

“63a. Where a recommendation that an officer be dismissed from the Service has been made to the Board under paragraph 62(6)(b) or 63(1)(d) and—

the Board, after consideration of the reasons for making the recommendation, and of any statement of the officer furnished to it under sub-section 62(8) or 63(3), as the case requires, and, if the recommendation has been confirmed by a Disciplinary Appeal Board, of the reasons given by the Disciplinary Appeal Board for its decision, may cause the officer to be counselled or, if it considers that other action is necessary, may—

(i) take action in respect of the officer of a kind specified in paragraph 62(6)(a); or

(ii) dismiss the officer from the Service; or

(i) take action of a kind specified in paragraph 63(1)(c); or

(ii) dismiss the officer from the Service.

Suspension of officers included in Second, Third or Fourth Division

“63b. (1) Where—

and the Chief Officer is of the opinion that it would be prejudicial to the effective operation of the Service, to the interests of the public or to the interests of the officer or his fellow officers if the officer were to continue to perform the duties of his existing office pending the hearing and determination of the criminal charge, the taking of a decision not to charge the officer with misconduct or the hearing and determination of any charge of misconduct laid against the officer, as the case may be, the Chief Officer may, by notice in writing delivered to the officer—

“(2) Except as provided by sub-section (3), (4) or (5) or by section 63c, an officer who is suspended from duty under this section is not entitled to be paid salary in respect of the period during which he is so suspended.

“(3) Where an officer is, by reason of circumstances referred to in paragraph (1)(b), suspended from duty under this section before a decision is made whether or not he is to be charged with misconduct, he shall be suspended with salary—

“(4) Where an officer is suspended from duty under this section at a time when he is absent on leave of absence, the suspension does not prevent his receiving any salary to which he is entitled in respect of that period of leave of absence.

“(5) The suspension of an officer from duty under this section does not prevent the granting to the officer of leave of absence with salary.

“(6) An officer who is suspended from duty under this section is entitled to engage in employment outside the Service during any period of suspension from duty other than a period during which the officer is receiving salary.

Removal and variation of suspension relating to officers included in Second, Third or Fourth Division

“63c. (1) Where an officer has been suspended from duty under section 63b, the suspension may be removed in accordance with this section, but, subject to paragraph 63r(1)(e), shall not otherwise be removed, revoked or rescinded.

“(2) Where an officer is suspended from duty under section 63b—

“(3) Where, after an officer has been directed to perform temporarily other duties, or has been suspended from duty, in circumstances referred to in paragraph 63b(1)(b)—

the Chief Officer shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires.

“(4) Where—

the Chief Officer shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires.

“(5) For the purposes of paragraph (4)(b), the conditions in respect of a charge are—

“(6) Where—

the Chief Officer shall, subject to sub-section (7), authorize payment to him of an amount equal to the amount of salary referred to in paragraph (b).

“(7) Where the Chief Officer is satisfied that an officer to whom sub-section (6) applies has engaged in employment outside the Service during the whole, or a part, of the period of his suspension, the amount payable to him under that sub-section shall be reduced by an amount equal to the total of the amounts of the earnings that the Chief Officer is satisfied were received or are receivable by him in respect of that employment or work.

“(8) A Chief Officer may request an officer to whom sub-section (6) applies to furnish to him, in writing—

and may defer authorizing payment to the officer under sub-section (6) until these particulars have been furnished to him.

“(9) Where the suspension of an officer who had, after being suspended under section 63b, sought, and been granted, leave of absence for a part of the period of suspension, is required to be removed under sub-section (3) or (4) or would have been required to be so removed had it not previously been removed, the officer is entitled to a credit of a period of leave of absence equal to that part of the period of suspension.

“(10) Where an officer who has been suspended from duty under section 63b is dismissed from the Service, the period during which the officer is suspended from duty does not count as service for any purpose.

“(11) Where an officer retires from the Service or dies while he is, under section 63b, suspended from duty, the Board shall determine whether the whole, or any part, of the officer’s period of suspension is to form part of the officer’s period of service for any purpose under this Act or any other Act, and, if so, the purposes for which it is to form part of his period of service.

“(12) Where an officer retires from the Service or dies while he is, under section 63b, suspended from duty without salary, the Board may, in its discretion, authorize payment to the officer, or to the estate of the deceased officer, of an amount equal to the amount of salary that would otherwise have been paid to the officer in respect of the period of his suspension without salary less the total of the amounts (if any) of the earnings that the Board is satisfied the officer received or was entitled to receive in respect of any employment or work engaged in by him while so suspended.

“(13) Where an officer is performing temporarily other duties in accordance with a direction under section 63b, or is under suspension from duty under that section, in connexion with any misconduct or offence, immediately before—

the direction that the officer perform temporarily those other duties shall be deemed to have been revoked or the suspension of the officer from duty shall be deemed to have been removed, as the case requires, upon the direction referred to in paragraph (a) taking effect, the taking of the action referred to in paragraph (b) or the setting aside of the direction or recommendation referred to in paragraph (c), as the case may be.

“(14) The revocation of a direction under sub-section 63b (1) that an officer perform other duties, or the removal of the suspension under that sub-section of an officer from duty, in circumstances other than circumstances where the direction is required to be revoked or the suspension is required to be removed, does not prevent the officer from being directed to perform other duties, or suspended from duty, in accordance with that sub-section, as if the previous direction or suspension had not taken place.

Appeals

“63d. (1) A reference in this section to a decision in respect of an officer shall be read as a reference to—

“(2) An officer may appeal to a Disciplinary Appeal Board against a decision made in respect of him—

(i) that the charge should have been dismissed; or

“(3) A Disciplinary Appeal Board shall hear each appeal submitted to it under sub-section (2) and may confirm, vary or set aside the decision against which the appeal is made.

“(4) Where a decision in respect of an officer is varied by a Disciplinary Appeal Board in such a manner as to direct the taking of action of a kind referred to in paragraph 62(6)(a) or 63(1)(c), the direction takes effect in respect of the officer immediately it has been given.

“(5) Where a decision in respect of an officer is varied by a Disciplinary Appeal Board in such a manner as to recommend that action be taken to dismiss the officer from the Service, the Board may, after consideration of the reasons given by the Disciplinary Appeal Board for so varying that decision, take action, in respect of the officer—

“(6) Where an officer appeals to a Disciplinary Appeal Board under sub-section (2) against a decision on the ground that the action directed or recommended to be taken in respect of him is unduly severe, the Board shall take into consideration any evidence given on the hearing of the appeal—

“(7) A Disciplinary Appeal Board shall give reasons, in writing, for its decision on an appeal under this section.

Disciplinary Appeal Boards

“63e. (1) The Public Service Board shall, from time to time, arrange for the establishment, in accordance with sub-sections (2) and (3), of such Disciplinary Appeal Boards as are required for the purposes of this Act.

“(2) Subject to sub-section (3), a Disciplinary Appeal Board established for the purposes of an appeal under section 63d, 63f, 63p or 66b or of a request under section 63g, shall be constituted by—

“(3) Where—

a Disciplinary Appeal Board established for the purposes of the appeal or request shall be constituted by—

(e) a Chairman, who shall be a person appointed—

 “(4) A person shall not be appointed as the Chairman of a Disciplinary Appeal Board unless he is or has been a Magistrate or is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years.

“(5) A Chairman of a Disciplinary Appeal Board shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

“(6) A member of a Disciplinary Appeal Board shall be paid such allowances as are prescribed.

“(7) Sub-sections (5) and (6) have effect subject to the Remuneration Tribunals Act 1973.

“(8) Subject to sub-sections (5) and (6)—

“(9) The officer referred to in paragraph (2)(b) or (3)(f) and the person referred to in paragraph (2)(c) or (3)(g) shall be nominated for the purposes of a particular appeal only and an officer concerned in the laying of, or in the inquiry held in respect of, a charge under section 61, or in the making of a direction or recommendation under sub-section 63(1), shall not be nominated for the purpose of an appeal relating to that charge or for the purpose of an appeal against that direction or recommendation or against a decision made in pursuance of that direction or recommendation, as the case may be.

“(10) If a Disciplinary Appeal Board is of the opinion that an officer who had appealed to it under section 63d, 63f or 66b had no reasonable grounds for that appeal, and that the appeal was frivolous or vexatious, it may order that the officer pay such sum, not exceeding the cost of the hearing, as it specifies in the order, and the sum so ordered to be paid may be recovered by deductions from the salary of the officer under section 65.

“(11) For the purposes of hearing an appeal or request referred to in sub-section (2) or (3), a Disciplinary Appeal Board may take evidence on oath or affirmation and, for those purposes, administer an oath or affirmation.

“(12) In proceedings before a Disciplinary Appeal Board for the hearing and determination of an appeal or request referred to in sub-section (2) or (3)—

“(13) Where the hearing of an appeal or a request referred to in sub-section (2) or (3) has been commenced before a Disciplinary Appeal Board but, before the appeal or request has been finally determined, a member of the Board has ceased to be such a member or, for any other reason, is unable to take any further part in the determination of the appeal or request, the 2 remaining members of the Disciplinary Appeal Board may, with the consent of the parties, constitute the Board for the purpose—

“(14) If, for any reason, a Disciplinary Appeal Board constituted in accordance with sub-section (13) by the remaining members of a Disciplinary Appeal Board established under sub-section (2) or (3) to hear and determine an appeal or request referred to in those sub-sections does not complete the hearing and determine the appeal or request, a new Disciplinary Appeal Board constituted in accordance with sub-section (2) or (3), as the case requires, shall hear and determine the appeal or request and, for that purpose, may have regard to the evidence given, the arguments adduced and the reasons for any decision given during the previous hearing.

Nullification of conviction

“63f. (1) For the purposes of this section, a finding of a court in relation to an offence shall be regarded as having been nullified—

“(2) Where, after a person has been dismissed from the Service under section 63a, sub-section 63d(5) or section 63n by reason of his having been found by a court to have committed a criminal offence, the finding of the court is nullified, the person may apply to the Board, in writing, for re-appointment to the Service.

“(3) Where, after an officer has been transferred to another office under sub-section 63(1), section 63a or sub-section 63d(4) or (5) by reason of his having been found by a court to have committed a criminal offence, the finding of the court is nullified, the officer may apply to the Board, in writing, for transfer to an appropriate office.

“(4) A person who—

may, if the finding of the court is nullified, apply to the Board, in writing, for transfer or promotion to an appropriate office at any time after the finding is nullified and before he ceases to be an officer or, if he becomes a person to whom Division 3 of Part IV applies upon ceasing to be an officer, before he ceases to be such a person.

“(5) The Board shall refer an application made to it under sub-section (2), (3) or (4) to the Permanent Head who is, in the opinion of the Board, appropriate to consider it.

“(6) Where an application is referred to a Permanent Head under sub-section (5), the Permanent Head shall consider the application and—

“(7) Where the Permanent Head recommends to the Board that an application under sub-section (2), (3) or (4) be refused—

“(8) A Disciplinary Appeal Board shall hear each appeal made to it under sub-section (7) and may—

and shall furnish to the appellant and to the Board the reasons for its decision on the appeal.

“(9) Upon receipt of a recommendation of the Permanent Head in pursuance of sub-section (6), or of a decision on appeal of a Disciplinary Appeal Board under sub-section (8), the Board may, subject to sub-section (10)—

“(10) Where a Permanent Head in pursuance of sub-section (6), or a Disciplinary Appeal Board under sub-section (8), recommends that a person be re-appointed to the Service or that an officer be transferred to an appropriate office, the Board shall re-appoint the person to the Service or transfer the officer, as provided in sub-section (9).

“(11) Where a person who had, under this Division, been dismissed from the Service, is re-appointed to the Service under this section, the person shall be deemed, during the period commencing on the day immediately following the day on which he was so dismissed and ending on the day immediately preceding the day on which he was so reappointed, to have continued in the Service and to have been absent from duty on leave of absence without pay, and the Board shall determine whether that period, or any part of that period, is to form part of the officer’s period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976) and, if so, the purposes for which it is to form part of the period of his service.

“(12) In this section, ‘appropriate office’, in relation to a person or to an officer, means the original office occupied by that person or officer, an equivalent office, or, if such an office is not available, an office determined by the Board to be as nearly as possible equivalent to the original office occupied by that person or officer.

Review of findings

“63g. (1) Where, upon the holding of an inquiry into a charge laid against a person under sub-section 61 (2), section 63k or 63l, or upon the hearing by a Disciplinary Appeal Board of an appeal in connexion with such a charge, the charge is found to have been established and—

(i) a sum was deducted from the salary of the person;

(ii) the salary of the person was reduced;

(iii) the person was transferred to another office; or

(iv) the person was dismissed from the Service; or

the person may, at any time, request the Board, in writing, to review the finding, or the action taken in respect of the charge, on the ground that evidence that was not given, and could not reasonably be expected to be given, on behalf of the person in the course of the investigation of the charge is now available and that the evidence might, if it had been given, have resulted in the charge being found not to have been established, or in less severe action being taken in respect of the charge, as the case may be.

“(2) A request under sub-section (1) shall set out particulars of the evidence that has become available.

“(3) Where the Board is satisfied that the ground of the request is established, the Board shall refer the request to a Disciplinary Appeal Board.

“(4) Where the request of a person for the review of a finding is referred to a Disciplinary Appeal Board, the Disciplinary Appeal Board—

“(5) Where the request of a person for the review of action taken in respect of a charge is referred to a Disciplinary Appeal Board, the Disciplinary Appeal Board—

“(6) The Public Service Board shall consider the recommendation given to it by a Disciplinary Appeal Board upon a review under this section and the reasons for the recommendation and may, in its discretion—

(i) affirm the finding; or

(i) affirm the action; or

“(7) Without limiting the power of the Board to take action under sub-section (6), the Board may, if it considers it appropriate to do so—

“(8) Where, in pursuance of sub-section (7), the Board declares a person to have become a person to whom Division 3 of Part IV applies, the person shall be deemed to have become such a person on the date on which the declaration is made.

“(9) Where a person who had, under this Division, been dismissed from the Service, is re-appointed to the Service under this section, the person shall be deemed, during the period commencing on the day immediately following the day on which he was so dismissed and ending on the day immediately preceding the day on which he was so reappointed, to have continued in the Service and to have been absent from duty on leave of absence without pay, and the Board shall determine whether that period, or any part of that period, is to form part of the officer’s period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976) and, if so, the purposes for which it is to form part of the period of his service.

“(10) In this section—

(ii) in any other case—to the investigation of the charge by the officer holding the inquiry;

Delegation of powers of Chief Officer under section 63b or 63c

“63h. (1) A Chief Officer may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him, delegate to a person authorised for the purposes of sub-section 61 (2) any of his powers under section 63b or 63c.

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Chief Officer by whom the power was delegated.

“(3) A delegation under this section does not prevent the exercise of the power by the Chief Officer by whom the power was delegated.

“Subdivision D—Officers employed otherwise than in a Department

Interpretation

“63j. (1) In this Subdivision, unless the contrary intention appears—

(a) an officer who, whether or not he holds an office in a Department—

but does not include an officer who is performing duty in a Department;

(2) For the purposes of this Subdivision, an unattached officer shall be taken to have failed to fulfil his duty as an unattached officer if, and only if, while he is an unattached officer, he engages in improper conduct, being conduct which brings the Service into disrepute.

“(3) Sub-section (2) applies to conduct engaged in by an unattached officer whether he engages in the conduct in, or in connexion with, the employment (if any) in which he is engaged or otherwise.

Misconduct committed before becoming unattached officer

63k. (1) An unattached officer may, as provided in the regulations, be charged with misconduct committed by him before he became an unattached officer.

“(2) The regulations may make provision for and in relation to the holding of an inquiry into a charge against an unattached officer under sub-section (1).

“(3) Where the person holding an inquiry into a charge under sub-section (1) is satisfied that the unattached officer committed misconduct before he became an unattached officer, he may counsel the officer or, if he is of the opinion that the misconduct is of such seriousness that, if the officer were performing duty in a Department, he would recommend that the Board take action by way of dismissing the officer from the Service, he may recommend to the Board that it take action accordingly.

“(4) Where the person holding an inquiry into a charge under sub-section (1) is satisfied that the unattached officer committed misconduct, he shall furnish to the officer and to the Board particulars of his reasons for being so satisfied, and, if he makes a recommendation to the Board under sub-section (3) in respect of the misconduct, he shall also furnish to the officer and to the Board particulars of his reasons for making that recommendation.

“(5) Where a finding is made under this section that an unattached officer committed misconduct before he became an unattached officer, the fact that the officer, is, or is not, counselled, or is not dismissed, in respect of the misconduct shall not be taken to preclude the Board or another body, or a Permanent Head or another person, from having regard to the finding in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if the finding is relevant to the manner in which the power should be exercised or function should be performed.

“(6) A reference in sub-section (5) to a finding does not include a reference to a finding that has been set aside by a Disciplinary Appeal Board.

“(7) In this section, a reference to misconduct shall be read as a reference to misconduct as defined by section 55.

Misconduct while unattached officer

“63l. (1) An unattached officer may, as provided in the regulations, be charged with misconduct committed by him while he is an unattached officer.

“(2) The regulations may make provision for and in relation to the holding of an inquiry into a charge against an unattached officer under sub-section (1).

“(3) Where the person holding an inquiry into a charge under sub-section (1) is satisfied that the unattached officer committed misconduct while an unattached officer, he may counsel the officer or, if he is of the opinion that, having regard to the nature and seriousness of the misconduct and to the circumstances in which it was committed he is justified in doing so in the interests of the Service, he may recommend that the Board take action by way of dismissing the officer from the Service.

“(4) Where the person holding an inquiry into a charge under sub-section (1) is satisfied that the unattached officer committed misconduct, he shall furnish to the officer and to the Board particulars of his reasons for being so satisfied, and, if he makes a recommendation to the Board under sub-section (3) in respect of the misconduct, he shall also furnish to the officer and to the Board particulars of his reasons for making that recommendation.

“(5) Where a finding is made under this section that an unattached officer has committed misconduct as an unattached officer, the fact that the officer is, or is not, counselled, or is not dismissed, in respect of the misconduct shall not be taken to preclude the Board or another body, or a Permanent Head or another person, from having regard to the finding in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if the finding is relevant to the manner in which the power should be exercised or function should be performed.

“(6) A reference in sub-section (5) to a finding does not include a reference to a finding that has been set aside by a Disciplinary Appeal Board.

“(7) An unattached officer may be charged under this section in relation to a matter whether or not action has been or is being taken in respect of the matter otherwise than under this Act.

Criminal offences

“63m. (1) Where—

the person referred to in paragraph (b) may recommend to the Board that action be taken by way of dismissing the officer from the Service.

“(2) Where a person makes a recommendation to the Board under sub-section (1) that action be taken by way of dismissing an officer from the Service, he shall furnish to the officer and to the Board particulars of his reasons for making that recommendation.

“(3) The fact that an unattached officer is, or is not, counselled, or is not dismissed under this section, in respect of a criminal offence shall not be taken to preclude the Board or another body, or a Permanent Head or another person, from having regard to the conviction or finding, to the nature and seriousness of the offence and to the circumstances in which the offence was committed in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if those matters are relevant to the manner in which the power should be exercised or function should be performed.

“(4) Nothing in sub-section (3) shall be taken to authorize the charging of an unattached officer under section 63l, and the taking of action in respect of the unattached officer under this section, in relation to the same matter.

Recommendation for dismissal

“63n. Where a recommendation that an unattached officer be dismissed from the Service has been made to the Board and—

the Board, after consideration of the reasons for making the recommendation and, if the recommendation has been confirmed by a Disciplinary Appeal Board, of the reasons given by the Disciplinary Appeal Board for its decision, may, in its discretion, dismiss the officer from the Service.

Appeals

“63p. (1) An unattached officer may appeal to a Disciplinary Appeal Board—

“(2) Where an unattached officer has appealed against a finding of a kind referred to in paragraph (1)(a) and a recommendation of a kind referred to in paragraph (1)(b) was made to the Board in relation to the finding, the officer shall be deemed to have appealed also against that recommendation on the ground specified in paragraph (1)(b).

“(3) Subject to sub-section (4), a Disciplinary Appeal Board may confirm or set aside a finding or a recommendation appealed against.

“(4) Where a Disciplinary Appeal Board sets aside the finding in respect of a charge under section 63k or 63l, being a finding in relation to which a recommendation of a kind referred to in paragraph (1)(b) was made to the Board, the recommendation shall be deemed to have been set aside.

Reasons to be given for making, or confirming, finding or recommendation

“63q. Where a person makes a finding or a recommendation under section 63k or 63l or a recommendation under section 63m, or a Disciplinary Appeal Board confirms a finding or recommendation so made, the person or the Disciplinary Appeal Board shall give reasons, in writing, for making or confirming that finding or recommendation, as the case may be.

“Subdivision E—Miscellaneous

Imprisonment

“63r. (1) Where an officer is imprisoned by reason of his having been convicted of an offence or is in custody awaiting trial for an offence—

“(2) Where an officer is imprisoned by reason of his having been convicted of an offence, the Chief Officer of that officer, or, in the case of an officer included in the First Division, the Board, may, if the Chief Officer or the Board, as the case may be, is satisfied that the officer is suffering or has suffered hardship direct, notwithstanding sub-section (1), that salary be paid to the officer for the whole or for a specified part of that period of imprisonment or custody. ‘ ‘.

Application to unattached officers performing duty in Department

“63s. (1) In this section, a reference to an unattached officer shall not be taken to include a reference to a person who is an unattached officer for the purposes of Subdivision D.

“(2) Without prejudice to their effect in relation to unattached officers apart from this section, Subdivisions A, B and C and this Subdivision also have effect in relation to an unattached officer as provided by this section.

“(3) Subdivisions A, B and C and this Subdivision have, by force of this sub-section, the effect that they would have if—

 “(4) In addition to the effect that Subdivisions A, B and C and this Subdivision have in relation to unattached officers as provided by sub-section (2), those Subdivisions have, by force of this sub-section, the effect they would have if—

Application to certain employees

“63t. The regulations may make provision for and in relation to the application of the preceding provisions of this Division to and in relation to—

including provision modifying and adapting the preceding provisions of this Division in relation to such an employee.”.

Renumbering

21. Section 63 of the Principal Act is renumbered 63u.

Deduction of pecuniary penalty from salary

22. (1) Section 65 of the Principal Act is amended—

“(1) Where the officer who pays the salary of an officer or employee is notified that, under the authority of this Act, a pecuniary penalty has been imposed upon the officer or employee, an order for the payment of money has been made against the officer or employee or a direction has been given for the deduction of an amount from the salary of the officer or employee, he shall deduct from the salary payable to the officer or employee the amount of the penalty, the sum ordered to be paid or the amount directed to be deducted, as the case may be, unless he is satisfied that payment of that amount has been made by the officer or employee.”; and

(2) The amendments of section 65 of the Principal Act effected by sub-section (1) do not apply to or in relation to a notice received under that section, before the date fixed under sub-section 2 (2), by an officer who pays the salary of another officer or of an employee.

23. After Division 6 of Part III of the Principal Act the following Division is inserted:

“Division 6A—Forfeiture of Office

Forfeiture of office

“66a. (1) Where an officer is absent from duty without permission, and has been so absent for a continuous period of not less than 4 weeks, the Permanent Head may send to him by prepaid registered post addressed to him at his address last known to the Permanent Head a notice informing him that unless within a period of 2 weeks from and including the date on which the notice was sent—

he will be deemed to have retired from the Service upon the expiration of that period of 2 weeks.

“(2) Where an officer to whom a notice under sub-section (1) has been sent does not, within the period of 2 weeks from and including the date on which the notice was so sent—

and the notice has not been revoked under sub-section (5), he shall be deemed to have retired from the Service on the day following the expiration of that period of 2 weeks.

“(3) Where a notice has been sent to an officer under sub-section (1) and, within the period of 2 weeks after that notice was so sent, the officer explains his absence and seeks the permission of the Permanent Head for a further period of absence, the Permanent Head shall, as soon as practicable, consider the matter and may, by notice in writing sent to him by pre-paid registered post addressed to him at his address last known to the Permanent Head, inform him—

“(4) Where an officer who is required by a notice sent to him under sub-section (3) to return to duty does not return to duty within the period referred to in the notice and the notice is not revoked under sub-section (5), he shall be deemed to have retired from the Service on the day following the expiration of that period.

“(5) The Board may, at any time before an officer is to be deemed to have retired from the Service under this section, by notice in writing sent to the officer by pre-paid registered post addressed to him at his address last known to the Board, revoke a notice previously sent to the officer under this section, and the notice is then void and of no effect.

Re-appointment of officers deemed to have retired under section 66a

“66b. (1) A person who is deemed to have retired from the Service in accordance with sub-section 66a (2) or (4) may apply to the Board in writing, for re-appointment to the Service.

“(2) Where a person makes application to the Board under sub-section (1), the Board shall refer the application to the Permanent Head who is, in the opinion of the Board, appropriate to consider it.

“(3) Where an application is referred to a Permanent Head under sub-section (2), the Permanent Head shall consider the application and—

“(4) Where the Permanent Head recommends to the Board that an application under sub-section (1) be refused—

“(5) A Disciplinary Appeal Board shall hear each appeal made to it under sub-section (4) and may—

and shall furnish to the appellant and to the Board the reasons for its decision on the appeal.

“(6) Upon receipt of a recommendation of the Permanent Head in pursuance of sub-section (3), or of a decision of a Disciplinary Appeal Board under sub-section (5), the Board may, after considering the recommendation or decision and the reasons for the. making of the recommendation or decision, re-appoint the person to whom the recommendation or decision relates to the Service to fill his original office or an equivalent office, or, if such an office is not available, an available office as nearly as possible equivalent to his original office or, with the consent in writing of the person, another office.

“(7) Where a person who is, under section 66a, deemed to have retired from the Service, is re-appointed to the Service under this section, the person shall be deemed, during the period commencing on the day immediately following the day on which he is so deemed to have retired from the Service and ending on the day immediately preceding the day on which he was so re-appointed, to have continued in the Service and to have been absent from duty on leave of absence without pay, and the Board shall determine whether that period, or any part of that period, is to form part of the officer’s period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976) and, if so, the purposes for which it is to form part of the period of his service.”.

Leave of absence for recreation

24. (1) Section 68 of the Principal Act is amended—

“(9) Subject to this section, the regulations may make provision for and in relation to the granting to an officer of leave of absence for recreation and, without limiting the generality of the foregoing—

(2) The amendment effected by paragraph (1)(a) does not apply in relation to a period of leave of absence for recreation granted before the commencement of this section.

(3) For the purposes of paragraph 68(12)(c) of the Principal Act as amended by this Act, leave of absence granted under section 71a or 72 of the Principal Act shall be deemed to be leave of the kind referred to in that paragraph.

Interpretation

25. Section 68f of the Principal Act is amended by inserting after sub-section (2) the following sub-section:

“(2a) Where—

that month counts, for the purposes of sections 68 and 68a, as a complete month of service of the officer.”.

Leave of absence to attend proceedings under Public Service Arbitration Act, &c.

26. Section 69 of the Principal Act is repealed.

Leave of absence on account of illness

27. Section 70 of the Principal Act is amended by omitting from sub-section (1) “or other prescribed cause”.

28. Sections 71 to 72b (inclusive) of the Principal Act are repealed and the following section is substituted:

Other leave of absence

“71. (1) Subject to this section, the Chief Officer may, at any time, grant to an officer or employee leave of absence for a prescribed purpose, for a purpose included in a prescribed class of purposes or as otherwise provided in the regulations.

“(2) Leave of absence shall not be granted under sub-section (1) to an officer for the purpose of enabling him to engage in employment that is, at the time the leave is granted, eligible public employment within the meaning of Part IV.

“(3) Leave of absence granted under sub-section (1) to an officer for the purpose of enabling him to engage in employment in the Public Service of the Northern Territory shall, if regulations made for the purposes of sub-section 87(4) in respect of that Public Service take effect on or before the day on which he becomes engaged in that employment, be deemed to have been cancelled immediately before those regulations take effect.

“(4) The regulations may—

(i) the extension by the Board of periods of leave of absence granted under sub-section (1);

“(5) The Board may determine terms and conditions subject to which leave, or leave included in a particular class of leave, may be granted under sub-section (1), being terms and conditions that are not inconsistent with the terms and conditions (if any) that are applicable to that leave by virtue of regulations made in accordance with paragraph (4)(b).

“(6) Without limiting the generality of sub-sections (4) and (5), the terms and conditions subject to which leave of absence may be granted to an officer or employee under sub-section (1) may include terms and conditions—

(i) granted to him; or

(ii) in lieu of the grant of which a payment has been made to him,

otherwise than under this Act, in respect of other service or employment during the period, or a part of the period, during which he was absent from duty in the Service on leave of absence granted under sub-section (1).

“(7) Where an officer is granted leave under sub-section (1), the Board may declare the office held by him to be vacant and he shall thereupon become an unattached officer.”.

Temporary employment

29. Section 82 of the Principal Act is amended—

“(6) Subject to sub-section (6a), the services of a person who is temporarily employed may be dispensed with at any time by a Chief Officer.

“(6a) Where, under the regulations, Division 6 of Part III applies in relation to a person who is temporarily employed, a Chief Officer shall not dispense with the services of the person under sub-section (6) by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found, without recording a conviction, that he has committed such an offence.”; and

“(9) Sub-sections (2) and (7) do not apply in relation to the employment of persons in a temporary capacity to perform duties overseas.

“(10) Sub-sections (3), (4) and (8) do not apply in relation to employees performing duties overseas.

“(11) Section 47e applies in relation to a person employed in a temporary capacity, not being a person who is so employed to perform duties outside Australia only, as if references in that section to an officer included references to such a person.”.

Dismissal of temporary employees

30. Section 82aa of the Principal Act is repealed.

31. (1) Section 84c of the Principal Act is repealed and the following section substituted:

Promotion of transferred officers to offices in the Service

“84c. (1) Where—

(i) was provisionally promoted to fill a vacant office in the Service; or

before the day on which his transfer takes effect and the provisional promotion was not confirmed or cancelled before that day; or

the following provisions of this section have effect in relation to the provisional promotion.

“(2) On and after the day on which the transfer of the transferred officer takes effect, sections 50 and 50a, sub-section 52(1) and sections 53 and 53a continue to apply, subject to such modifications (if any) as are prescribed, to and in relation to the provisional promotion, as if the transferred officer had not ceased to be an officer of the Service and his service as an employee of the Public Service of the Northern Territory were service in the Service.

“(3) Where the provisional promotion of the transferred officer to the vacant office is confirmed or the transferred officer is promoted to the vacant office in place of another person who had been provisionally promoted to that office—

but any amount paid to him as salary in respect of his service in the Public Service of the Northern Territory shall be deemed to have been paid to him as salary under this Act.”.

(2) Where—

by virtue of the operation of section 84c of the Principal Act and of the regulations made for the purposes of that section and the provisional promotion had not been confirmed or cancelled before that date; or

then, notwithstanding the repeal of section 84c of the Principal Act, that section, and the regulations in force for the purposes of that section immediately before that date, continue to apply in relation to the provisional promotion and in relation to those persons in respect of the provisional promotion.

32. After Division 12 of Part III of the Principal Act the following Part is inserted:

“PART IV—OFFICERS HOLDING PUBLIC OFFICES OR
EMPLOYED BY PUBLIC AUTHORITIES

“Division 1—Preliminary

Interpretation

“87. (1) In this Part, unless the contrary intention appears—

being an office or appointment declared by the regulations to be a Commonwealth office, or included in a class of offices or appointments declared by the regulations to be a class of Commonwealth offices, for the purposes of this Part,

but does not include—

‘eligible Commonwealth employment’ means—

‘eligible public employment’ means—

‘employment’ means employment in a full-time capacity;

‘promote’ means—

(i) promote the officer under sub-section 50(9); or

(ii) confirm the provisional promotion of the officer under sub-section 50(10); and

‘public authority’ means—

‘public office’ means—

(i) by the Governor of a State or by a Minister of a State; or

being an office or appointment prescribed, or included in a class of offices or appointments prescribed, by the regulations for the purposes of this paragraph; or

but does not include an office or appointment in the public service of a State or of the Northern Territory;

‘transfer’ means—

“(2) A reference in this Part to employment by a Commonwealth authority shall be read as including a reference to—

“(3) A reference in this Part to employment by a public authority shall be read as including a reference to—

(i) by the Governor of a State or by a Minister of a State; or

being an office or appointment prescribed, or included in a class of offices or appointments prescribed, by the regulations for the purposes of this paragraph.

“(4) The regulations may declare that this Part shall apply to and in relation to employment as the holder of an office or appointment in the Public Service of the Northern Territory as if that employment were employment by a public authority.

“(5) Notwithstanding that regulations have not been made for the purposes of sub-section (4), where a person becomes a person to whom Division 3 applies by virtue of sub-section 87k(3) or (4), this Part applies to and in relation to him, while he continues to be employed in the Public Service of the Northern Territory, as if employment in that Service were employment in eligible public employment.

“(6) Where a person becomes a person to whom Division 3 applies by virtue of sub-section 87k (9) or (10), this Part applies to and in relation to him while he continues to be employed by an approved legal aid commission, or as the holder of an approved statutory office, within the meaning of the Commonwealth Legal Aid Commission Act 1977 as if any employment by such a commission or in such an office that is not eligible public employment were eligible public employment in relation to him.

“(7) Regulations made for the purposes of paragraph (b) of the definition of ‘Commonwealth authority’ in sub-section (1) may be expressed to have effect in respect only of employment by a specified body on or after, or before, a particular date, which may be a date before the commencing day, or during a particular period, which may be, or may include, a period before the commencing day.

“(8) Regulations made for the purposes of the definition of ‘Commonwealth office’ in sub-section (1) may be expressed to have effect in respect only of employment in—

on or after, or before, a particular date, which may be a date before the commencing day, or during a particular period, which may be, or may include, a period before the commencing day.

“(9) In this Part, unless the contrary intention appears—

“(10) For the purposes of this Part, a person shall be deemed to have been dismissed from eligible public employment for misconduct if he was dismissed from that employment on grounds similar to the grounds on which an officer may be dismissed from the Service under Division 6 of Part III.

“(11) For the purposes of this Part, a finding of a court in relation to a criminal offence shall be regarded as having been nullified—

Officers employed by body that ceases to be Commonwealth authority, &c.

“87a. Where—

this Part continues, notwithstanding those regulations, to apply to and in relation to a person to whom Division 2 or 3 applied immediately before the day on which the regulations take effect, being a person who was, immediately before that day, employed by the body, or in the office or appointment, as if he were, while he continues to be so employed, engaged in eligible Commonwealth employment.

Restrictions on prescription of public authorities, &c.

“87b. (1) For the purposes of this section, a person employed by a body, or employed as the holder of an office or appointment—

(i) a prescribed employee; or

(ii) a person to whom Division 3 applies.

“(2) The Board shall not make a regulation—

unless the conditions specified in sub-section (3) of this section are fulfilled in respect of the body, office or appointment, or each body, office or appointment, to which the regulation relates.

“(3) The conditions that are required by sub-section (2) to be fulfilled in respect of a body, office or appointment are—

(i) in the case of relevant employees who are prescribed employees—in sub-section (6); or

(ii) in the case of any other relevant employees—in sub-section (7); and

(ii) are persons to whom section 14a of that Act applies.

“(4) Where a change occurs in the terms and conditions of employment applicable to the employment of a relevant employee—

and it appears to the Board that those terms and conditions of employment no longer make provision as set out in sub-section (6) or (7), as the case requires, the Board shall, subject to the approval of the Governor-General, make a regulation repealing that regulation, or repealing that regulation in so far as it relates to that body, class of bodies, office, appointment, or class of offices or appointments, as the case may be.

“(5) Notwithstanding the repeal of a regulation of a kind referred to in sub-section (2), this Part continues to apply to and in relation to a relevant employee who was, immediately before the repeal of the regulation, employed by a body, or in an office or appointment, to which the regulation related as if he were, while so employed, engaged in eligible public employment.

“(6) The provision to be made for the purposes of sub-section (3) in respect of the employment of a prescribed employee is provision—

(i) he dies; or

being amounts equal to the amounts that would be payable under this Act if his service in the employment were service in the Service, unless he had ceased to be an officer before his death or before that date, as the case may be;

“(7) The provision to be made for the purposes of sub-section (3) in respect of the employment of a relevant employee, being a person to whom Division 3 applies, is provision—

“(8) A reference in this section to a body shall, unless the contrary intention appears, be read as including a reference to the Public Service of the Northern Territory.

“Division 2—Officers engaged in certain Public Employment

Officers engaged in eligible public employment

“87c. (1) Subject to this section, an officer (including an unattached officer) becomes an officer to whom this Division applies—

“(2) A person who—

becomes an officer to whom this Division applies upon his being reappointed under that section.

“(3) An officer (including an unattached officer) becomes an officer to whom this Division applies on the commencing day—

“(4) Sub-section (1) does not apply to an officer who becomes engaged in eligible public employment—

(ii) section 14 of that Act applies in relation to his appointment to that office; or

(ii) in any other case—before the commencing day.

“(5) Where an officer becomes, by reason of his becoming engaged, or while he is engaged, in particular employment, an officer to whom this Division applies, he continues to be such an officer until he ceases to be engaged in that employment or he ceases to be an officer, whichever first occurs.

“(6) While an officer is, by reason of being engaged in particular employment, an officer to whom this Division applies, he shall be deemed to be absent from duty from the Service on leave of absence without pay, but his service in that employment while he is deemed to be so absent shall be taken into account as if it were service in the Service.

Cessation of leave without pay

“87d. (1) Subject to sub-sections (6) and (7), where an officer (other than an officer to whom section 87v, 87y, 87z or 87za applies) who is employed by a public authority—

he ceases to be an officer at the expiration of the relevant period.

“(2) Where a person ceases to be an officer under sub-section (1), the Board shall cause notice in writing of the cessation to be given to the person and to be given to the public authority by which he is employed, or, if he is to be taken to be employed by a public authority by virtue of the operation of sub-section 87(2), (3) or (4), to such other person as the Board considers appropriate.

“(3) The Board may, by instrument in writing, fix a period, being a period in excess of 3 years, in respect of officers included in a specified class of officers for the purposes of this section.

“(4) The Board may, on application made by an officer (either before or after he has been continuously employed, as set out in paragraph (1)(a), for a period of 3 years, or for such longer period (if any) as is applicable to him under sub-section (3)), by instrument in writing, fix a specified period, being a period in excess of 3 years, or of the period so applicable to him, as the case may be, in respect of the officer for the purposes of this section if it is satisfied that there are special reasons justifying it in doing so.

“(5) For the purposes of sub-section (1), the relevant period in respect of an officer is—

(ii) in any other case—the period of 3 years.

“(6) Where an officer makes application under sub-section (4) before the date on which he would, unless a period were fixed under that sub-section in respect of him, cease to be an officer but the Board does not make a decision in respect of the application before that date, notwithstanding sub-section (1), he ceases to be an officer on the date on which the Board makes a decision in respect of the application unless the Board, by that decision, fixes a period in respect of him for the purposes of this section.

“(7) Where the Board, on application made by a person after the date on which he would, but for this sub-section, have ceased to be an officer, makes a decision fixing a period in respect of him for the purposes of this section, sub-section (1) applies, and shall be deemed at all times to have applied, in relation to him as if the decision had been made immediately before that date.

“(8) An application to the Board under this section shall be in writing signed by the officer and shall set out the reasons for the application.

Preservation of rights in respect of leave

“87e. (1) Where—

he retains, in respect of that employment, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he becomes such an officer.

“(2) Where—

there shall be ascertained, in a manner determined by the Public Service Board, the period (if any) of leave of absence for recreation, and the periods (if any) of leave of absence on account of illness, that is or are applicable to him on his becoming such an officer, and, if such a period is applicable to him, he shall be credited with that period.

“(3) Subject to sub-sections (4) and (5), while an officer to whom this Division applies is engaged in eligible Commonwealth employment—

“(4) The recreation leave credit that accrues to an officer referred to in sub-section (1) or (2)—

shall be calculated in such manner as the Board determines.

“(5) Where an officer referred to in sub-section (1) or (2) becomes an officer to whom this Division applies by reason of his becoming engaged in eligible Commonwealth employment, the sick leave credits that first accrue to him in respect of that employment shall accrue to him on the day on which they would accrue to him if, and shall be calculated as if, the whole of his service in employment since the date on which his last preceding sick leave credits accrued to him had been service in that first-mentioned employment.

“(6) Where an officer to whom this Division applies who is engaged in eligible Commonwealth employment ceases, otherwise than by reason of his death, to be engaged in that employment and, at the same time, to be an officer, he is entitled to be paid, in respect of leave of absence for recreation, an amount equal to the amount (if any) that would be payable to him under this Act in lieu of leave of absence for recreation if he were retiring from the Service and his service in that employment were service in the Service, unless, upon so ceasing, he becomes engaged in other eligible public employment.

“(7) Where an officer to whom this Division applies who is engaged in eligible Commonwealth employment dies while engaged in that employment or the Board directs, after consideration of all the circumstances, that an officer to whom this Division applies shall be presumed to have died on a particular date, there are payable in relation to the officer such amounts as would be payable under this Act in lieu of leave of absence for recreation if his service in that employment were service in the Service, unless he had ceased to be an officer before his death or before that date, as the case may be.

“(8) Where an officer to whom this Division applies resumes duty in the Service in consequence of his ceasing to be engaged in eligible Commonwealth employment—

(i) if he resumes duty in the Service on a 1 January—on that 1 January; or

shall be calculated in such manner as the Board determines; and

“(9) Where an officer to whom this Division applies who is engaged in eligible Commonwealth employment ceases to be an officer but does not also cease to be engaged in eligible Commonwealth employment, he retains, in respect of the employment in which he is engaged, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he ceased to be an officer.

“(10) Notwithstanding the provisions of any other Act, or of the terms and conditions of employment, that would, but for this sub-section, be applicable to an officer to whom this Division applies who is engaged in eligible Commonwealth employment, but subject to sub-section (11), the officer is not entitled, while engaged in that employment—

“(11) Where the period from the date on and from which an officer to whom sub-section (10) applies is to be absent from his employment on leave of absence for recreation to the end of the maximum period for which, but for this sub-section, he could be so absent, includes, or ends immediately before, 1 January in any year, the maximum period for which he may be absent on leave of absence for recreation, or may be granted any such leave, is increased by a period equal to the addition to the recreation leave credit of the officer that will, if he continues in the employment and to be an officer, accrue on that 1 January.

Long service leave

“87f. (1) Where an officer to whom this Division applies is engaged in eligible Commonwealth employment but the period of that employment would not, but for this sub-section, be a period of employment in Government Service for the purposes of the Long Service Leave (Commonwealth Employees) Act 1976, that Act applies to him in respect of that period of employment in eligible Commonwealth employment as if it were a period of employment in Government Service for the purposes of that Act.

“(2) Where an officer to whom this Division applies or has applied—

that Act applies to and in relation to him as if that period of employment in eligible public employment were a period of employment in other relevant service for the purposes of paragraph 11(2)(f) of that Act.

“(3) This section does not apply to an officer to whom the Long Service Leave (Commonwealth Employees) Act 1976 does not apply by virtue of sub-section 10(3) of that Act.

Office to become vacant in certain circumstances

“87g. (1) Subject to this section, where an officer to whom this Division applies—

the office becomes vacant upon his becoming such an officer or upon the expiration of that period, as the case may be, and the officer thereupon becomes an unattached officer.

“(2) Where an officer to whom this Division applies is promoted to an office in the Service or is transferred to such an office under section 50, 63f or 63g, the Board may, on application made by the officer before the expiration of the period of 30 days after notice of the transfer or promotion is published in the Gazette determine that sub-section (1) shall have effect in relation to the transfer or promotion as if the reference in that sub-section to a period of 30 days were a reference to such longer period as is specified in the determination.

“(3) An application under sub-section (2) shall be—

“(4) Where—

the reference in sub-section (1) to the period of 30 days after notice of the transfer or promotion is published in the Gazette shall be read as a reference to the period of 30 days after the expiration of the first-mentioned period.

Application of section 50 to certain unattached officers

“87h. In the application of section 50 to an unattached officer to whom this Division applies, the officer shall be deemed to be the holder of an office in the Division in which he was included immediately before he became or last became such an officer, being an office—

Employment of officers by certain authorities, &c., upon transfer of functions

“87j. (1) In this section—

“(2) A reference in this section to employment by a statutory authority shall be read as including a reference to—

“(3) Subject to this section, where the Board is satisfied that officers included in a class of officers are performing duties connected with the performance of a function, the Board may, with the approval of the Governor-General, by declaration published in the Gazette, declare that function to be a declared Commonwealth function and the duties of officers included in that class of officers to be connected with the performance of that declared Commonwealth function.

“(4) Subject to sub-section (7), where the Board is satisfied—

are performing, or will perform, duties connected with the performance of a function that is the same as, or is similar to, a function that is being, or has been, declared to be a declared Commonwealth function, the Board may, in the declaration published in the Gazette under sub-section (3) declaring that function to be a declared Commonwealth function, or in a subsequent declaration published in the Gazette, declare, with the approval of the Governor-General—

(i) in the offices included in that class of statutory offices; or

to be employment connected with the performance of that prescribed function.

“(5) For the purposes of this Act, where a person, being an officer included in a class of officers whose duties have been declared to be connected with the performance of a declared Commonwealth function becomes engaged in employment that has been declared to be connected with a prescribed function that corresponds to that declared Commonwealth function—

“(6) Where an officer becomes an eligible person in relation to a declared Commonwealth function, he shall, notwithstanding any other provision of this Act, be deemed to have ceased to be an officer at the expiration of the day immediately preceding the day on which he becomes such a person.

“(7) A declaration shall not be made under this section declaring employment in a statutory office (being a prescribed office), in an office included in a class of statutory offices (being prescribed offices), by a statutory authority (being a prescribed authority) or by a State to be employment that is connected with the performance of a prescribed function that corresponds to a declared Commonwealth function unless, in relation to that employment, the conditions specified in sub-section (8) are fulfilled.

“(8) The conditions required by sub-section (7) to be fulfilled, in relation to employment that will, upon the making of a declaration under this section, be employment that is connected with the performance of a prescribed function that corresponds to a declared Commonwealth function, are as follows:

“(9) Where—

the Board shall, subject to the approval of the Governor-General, by instrument published in the Gazette, revoke that declaration, or revoke that declaration in so far as it relates to that employment.

“(10) Where the Board revokes a declaration that declares employment to be connected with the performance of a prescribed function that corresponds to a declared Commonwealth function, or revokes such a declaration in so far as it relates to any such employment, notwithstanding the revocation, this Part continues to apply to and in relation to a person who, immediately before the revocation, was engaged in that employment and was an eligible person in relation to that declared Commonwealth function as if, while he continues to be engaged in that employment—

“Division 3—Rights of certain Former Officers

Persons to whom Division applies

“87k. (1) Where an officer to whom Division 2 applies who is engaged in eligible public employment—

but continues to be engaged in that employment, he becomes a person to whom this Division applies upon so resigning or so ceasing to be an officer, as the case may be.

 “(2) Where a person who—

is engaged in eligible public employment on the day after the day at the expiration of which he is so deemed to have ceased, or so ceased, to be an officer, he becomes a person to whom this Division applies on the first-mentioned day.

“(3) An officer who is transferred to the Public Service of the Northern Territory under section 84a becomes a person to whom this Division applies on the day on which he is so transferred.

“(4) Where a person who, before the commencing day, ceased, under sub-section 84a(3) to be an officer has, throughout the period that commenced on the day immediately following the day on which he so ceased to be an officer and ends on the commencing day, been engaged in employment in the Public Service of the Northern Territory or in that employment and other employment, being—

the person becomes a person to whom this Division applies on the commencing day.

“(5) Where—

has, throughout the period that commenced on the day on which he was so appointed, was deemed to have been so appointed or became so engaged, as the case may be, and ends on the commencing day, been engaged in employment as the holder of such an office or by such a Commission or in that employment and other employment, being—

the person becomes a person to whom this Division applies on the commencing day.

“(6) A person who—

(i) eligible Commonwealth employment; or

becomes, on the commencing day, a person to whom this Division applies.

“(7) Where magisterial offices in the Northern Territory become public offices by virtue of a regulation made for the purposes of paragraph (b) of the definition of ‘public office’ in sub-section 87(1), a person who—

(i) eligible Commonwealth employment; or

becomes, on the relevant day, a person to whom this Division applies.

“(8) In sub-sections (6) and (7), ‘magisterial office’ means the office of Chief Magistrate or an office of Stipendiary Magistrate (not being, in either case, an office in the Service).

“(9) An officer who becomes an eligible person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977 becomes a person to whom this Division applies on the day on which he becomes an eligible person for the purposes of that Part.

“(10) Where a person who, before the commencing day, ceased, under section 22 of the Commonwealth Legal Aid Commission Act 1977, to be an officer has, throughout the period that commenced on the day immediately following the day on which he so ceased to be an officer and ends on the commencing day, been engaged in employment as a member of the staff of an approved legal aid commission, or as the holder of an approved statutory office, within the meaning of that Act or in that employment and other employment, being—

the person becomes a person to whom this Division applies on the commencing day.

“(11) A person in respect of whom a declaration under sub-section 63g(7) is made becomes a person to whom this Division applies on the day on which the declaration is made.

“(12) Where a person becomes a person to whom this Division applies, he continues to be such a person until he ceases to be engaged in eligible public employment or attains the age of 65 years, whichever first occurs.

Long service leave

“87l. (1) Subject to sub-section (2), where a person to whom this Division applies is engaged in eligible Commonwealth employment but the period of that employment would not, but for this sub-section, be a period of employment in Government Service for the purposes of the Long Service Leave (Commonwealth Employees) Act 1976, that Act applies to him in respect of that period of employment in eligible Commonwealth employment as ig it were employment in Government Service for the purposes of that Act unless—

he elects, in writing, for his long service leave entitlements to be determined otherwise.

“(2) Where—

that section or that determination, as the case may be, applies to him as if he had continued in the Service since that day, unless he makes, or has made since that day, an election under sub-section (1).

“(3) Where a person to whom this Division applies or has applied—

that Act applies to and in relation to him as if that period of employment in eligible public employment were a period of employment in other relevant service for the purposes of paragraph 11(2)(f) of that Act.

“(4) This section does not apply to a person to whom the Long Service Leave (Commonwealth Employees) Act 1976 does not apply by virtue of sub-section 10 (3) of the Act.

Right to re-enter Service by way of transfer or promotion

“87m. (1) Sections 50, 50a, 53 and 53a apply, subject to this section and to such modifications (if any) as are prescribed, in relation to a person to whom this Division applies as if the person—

“(2) Subject to sub-section (7), where a person to whom this Division applies commences to perform the duties of an office in the Service to which he has been transferred or promoted—

“(3) Subject to sub-sections (4) and (6), where a person to whom this Division applies who has been transferred or promoted to an office in the Service—

the transfer or promotion, as the case may be, is of no force or effect.

“(4) Where a person to whom this Division applies is transferred or promoted to an office in the Service, the Board may, on application made by the person before the expiration of the period of 30 days after notice of the transfer or promotion is published in the Gazette, determine that sub-section (3) shall have effect in relation to the transfer or promotion as if the reference in that sub-section to a period of 30 days were a reference to such longer period as is specified in the determination.

“(5) An application under sub-section (4) shall be—

“(6) Where—

references in sub-section (3) to the period of 30 days after notice of the transfer or promotion is published in the Gazette shall be read as references to the period of 30 days after the expiration of the period of the leave so granted to him.

“(7) Where—

(i) has been provisionally promoted to fill a vacant office in the Service; or

(ii) has appealed against the provisional promotion of another person to fill such an office, under section 50 in its application to him by virtue of sub-section (1) of this section; and

then, subject to sub-section (8)—

“(8) Sub-section (7) does not apply to a person who ceased to be a person to whom this Division applies upon the termination of his employment by reason of—

Application for reappointment to Service

“87n. (1) Where a prescribed condition of re-appointment is fulfilled in respect of employment in which a person to whom this Division applies is engaged, the person may, while he is a person to whom this Division applies or, subject to sub-section (3), after he ceases to be such a person, make application to the Board for re-appointment to the Service on the ground that that condition has been so fulfilled.

“(2) Each of the following conditions is a prescribed condition of reappointment in respect of employment in which a person is engaged:

(i) re-appointed, or offered re-appointment, to that office;

(ii) appointed, or offered appointment, to another public office; or

(iii) employed, or offered employment, by a public authority;

(i) the finding of the court has been nullified; and

“(3) A person is not entitled to make application under sub-section (1) on the ground that a prescribed condition of re-appointment has been fulfilled—

“(4) Where a person to whom this Division applies—

the application lapses, and this section ceases to apply to and in relation to him, upon his attaining that age.

“(5) An application by a person under sub-section (1)—

(ii) the provisional promotion had not been confirmed or cancelled before that day,

set out particulars of the provisional promotion or of the appeal, as the case may be.

“(6) The Board shall refer an application made to it under sub-section (1) to a Re-appointments Review Committee.

“(7) The Re-appointments Review Committee to which an application under sub-section (1) is referred shall inquire into the application and—

“(8) Where the Re-appointments Review Committee that inquires into an application under sub-section (1) is satisfied that the employment of the applicant was terminated on the ground of his misconduct, it shall not determine that he is eligible for re-appointment to the Service unless it is satisfied that—

“(9) The Re-appointments Review Committee that inquires into an application under sub-section (1) by an applicant whose employment is to be, or has been, terminated in consequence of the annulment, for any reason, of his appointment while he is or was a probationary employee shall not determine that the applicant is eligible for re-appointment to the Service unless it is satisfied that, if the applicant had been serving as an officer in the Service on probation, it is likely that his appointment to the Service would not have been annulled for that reason.

“(10) In making a determination under sub-section (7), the Reappointments Review Committee shall have regard to—

immediately before he ceased, or last ceased, to be an officer and to all other relevant matters.

“(11) The Re-appointments Review Committee that inquires into an application referred to it under sub-section (6) may, under sub-section (7)—

“(12) A determination of a Re-appointments Review Committee shall be reduced to writing and a copy of the determination shall be furnished to the Board.

“(13) Where a Re-appointments Review Committee determines, under sub-section (7), that an applicant is not eligible for reappointment to the Service, the Board shall, as soon as practicable after it receives a copy of the determination, furnish a copy of the determination to the applicant.

Application for reinstatement as person to whom Division applies

“87p. (1) Where—

(ii) is engaged in eligible public employment; or

this section applies to the person.

“(2) A person to whom this section applies may, subject to sub-section (3), make application to the Board for re-instatement as a person to whom this Division applies.

“(3) A person to whom this section applies is not entitled to make an application under sub-section (2) if he has attained the age of 65 years.

“(4) An application under sub-section (2)—

(ii) shall set out particulars of the criminal offence to which the finding related; and

“(5) The Board shall refer an application made to it under sub-section (1) to a Re-appointments Review Committee.

“(6) Where a person who has made an application under sub-section (1) attains the age of 65 years before a determination is made under sub-section (7) in respect of the application, the application lapses upon his attaining that age.

“(7) The Re-appointments Review Committee to which an application under sub-section (1) is referred shall inquire into the application and—

“(8) A determination of a Re-appointments Review Committee under this section shall be reduced to writing and copies of the determination shall be furnished to the Board and to the applicant.

Reappointment to Service

“87q. (1) Where a Re-appointments Review Committee determines, under sub-section 87n(7), that an applicant is eligible for reappointment to the Service, the Board shall, as soon as practicable after it receives a copy of the determination, furnish a copy of the determination to the applicant together with a notice, in writing, informing the applicant that he is eligible for re-appointment to the Service in a specified Department as an unattached officer of the Division, with the designation and at the salary, or at the salary within the limits of salary, specified in the determination.

“(2) A notice given by the Board under sub-section (1) shall specify—

“(3) Where a person who has made an application under sub-section 87n (1)—

this section ceases to apply to and in relation to him upon his attaining that age.

“(4) Subject to sub-section (3), where, within the period of 21 days, or within such further period as the Board allows, after a person receives a notice under sub-section (1), the person—

the person shall be deemed—

“(5) A person who has made an application under sub-section 87n (1) and is deemed to have been re-appointed to the Service under this section shall be deemed to have been so re-appointed without probation unless the Re-appointments Review Committee that inquired into his application has determined that the applicant should be reappointed on probation.

“(6) Where a person is, under sub-section (5), to be deemed to have been re-appointed to the Service on an application made under section 87n on the ground that a prescribed condition of re-appointment, other than the condition referred to in paragraph 87n (2) (d), had been fulfilled in relation to him, the period during which he is, by virtue of that sub-section, to be deemed to have been absent from the Service on leave of absence without pay shall form part of his period of service under this Act for all purposes of this Act and the Long Service Leave (Commonwealth Employees) Act 1976.

“(7) A person who receives a notice under sub-section (1) ceases to be entitled to be re-appointed to the Service under this section if he does not report for duty or notify the Board in accordance with sub-section (4).

Reappointment in special circumstances

“87r. (1) Notwithstanding any other provision of this Act, the Board may re-appoint a person to whom this Division applies to the Service if it is satisfied that there are special circumstances justifying it in doing so.

“(2) A person who is re-appointed to the Service under sub-section (1) shall be re-appointed—

Rights of officers upon reappointment

“87s. (1) This section applies to a person who—

“(2) There shall be ascertained, in a manner determined by the Board, in writing, the period (if any) of leave of absence for recreation and the period (if any) of leave of absence on account of illness that is applicable to a person to whom this section applies on his reappointment and, if such a period is applicable to him, he shall be credited with that period.

“(3) Where, on the day on which a person to whom this section applies ceased, or last ceased, to be an officer—

that section or that determination, as the case may be, applies to him as if he had continued in the Service since that day, unless, since that day, he has made an election under sub-section 87l(1).

“(4) Subject to sub-section (5), the seniority of a person to whom this section applies is the seniority that he had immediately before he ceased, or last ceased, to be an officer.

“(5) Where a person to whom this section applies who is included in the Third Division was, immediately before he ceased, or last ceased, to be an officer, included in the Fourth Division, he shall, for the purposes of determining his seniority, be deemed to have entered the Third Division—

whichever is the later day.

“(6) Where a person to whom this section applies, being a person whose employment by a Commonwealth authority was terminated otherwise than on the ground of his misconduct, is, under sub-section 87q(4), to be deemed to have been absent from the Service on leave of absence without pay for a period immediately following his reappointment under section 87q, he is entitled to be paid by the authority, in consequence of the termination of his employment, an amount equal to the amount of salary and allowances (if any) that would have been payable to him by the authority if, during that period, he had continued to be employed by the authority and to perform the duties that he was performing immediately before the termination of his employment.

“(7) An amount payable by a Commonwealth authority to a person under sub-section (6) is payable—

Constitution of, and inquiries by, Committees

“87t. (1) A Re-appointments Review Committee shall consist of a Chairman and 2 other members, who shall be appointed by the Board.

“(2) The Chairman of a Re-appointments Review Committee shall be—

“(3) One of the members of a Re-appointments Review Committee established to inquire into an application made under section 87n shall be an officer appointed by the Board on the nomination of—

“(4) One of the Members of a Re-appointments Review Committee established to inquire into an application made under section 87p shall be an officer appointed by the Board on the nomination of such organization, within the meaning of the Conciliation and Arbitration Act 1904, as the Board considers appropriate, having regard to the kind of employment in which the applicant is, or might, on re-appointment to the Service, become, engaged.

“(5) The Chairman of a Re-appointments Review Committee, while acting as such, is not subject to direction by any person or authority under this Act.

“(6) A decision of the majority of the members of a Reappointments Review Committee shall be deemed to be a determination of the Committee.

“(7) An officer of the Service shall be granted leave of absence from his normal duties without loss of pay while acting as a member of a Reappointments Review Committee.

“(8) On an inquiry by a Re-appointments Review Committee into an application referred to it under sub-section 87n(6) or 87p(3)—

“(9) An inquiry by a Re-appointments Review Committee shall be conducted in private.

“(10) At an inquiry by a Re-appointments Review Committee, the applicant may—

“Division 4—Officers to whom Officers’ Rights Declaration Act
or Trade Commissioners Act applies

Rights of officers to whom repealed Officers’ Rights Declaration Act or former section 6 of Trade Commissioners Act continues to apply

“87u. (1) This section applies to an officer engaged in eligible public employment to whom the repealed Officers’ Rights Declaration Act 1928 or the former section 6 of the Trade Commissioners Act 1933 applies by virtue of sub-section 44(2) or 45(2) of the Public Service Amendment Act 1978.

“(2) An officer to whom this section applies—

“(3) Where an officer who appeals under sub-section (2) against the provisional promotion of another person to fill a vacant office in the Service becomes, under sub-section 87c(1), an officer to whom Division 2 applies in consequence of his so appealing, that Division applies to and in relation to him in respect of the appeal as if he had appealed against that promotion immediately after he became an officer to whom that Division applies.

“(4) Where an officer who appeals under sub-section (2) against the provisional promotion of another person to fill a vacant office in the Service ceases, under sub-section 87v(1), to be an officer in consequence of his so appealing and becomes, under sub-section 87k (2), a person to whom Division 3 applies, that Division applies to and in relation to him in respect of the appeal as if he had appealed against that promotion immediately after that Division commenced to apply to him.

Effect of repealed Officers’ Rights Declaration Act ceasing to apply to officer

“87v. (1) Where the repealed Officers’ Rights Declaration Act 1928 ceases to apply to an officer (otherwise than by reason of his ceasing to be an officer or by reason of his resuming duty in the Service) at the expiration of a day (in this section referred to as the ‘relevant day’)—

“(2) If a person who is an unattached officer by virtue of sub-section (1) is employed by a public authority, or 2 or more public authorities in succession, for a continuous period of 3 years, he ceases to be an officer at the expiration of that period.

“(3) In the application of sub-section (1) or (2) in relation to a person who is employed by a public authority on the relevant day, any period (which may be, or may include, a period before the commencing day) ended on the day immediately preceding the relevant day during which the Officers’ Rights Declaration Act 1928 applied to him in respect of his employment by a body shall be deemed to be a period during which he was employed by a public authority.

“(4) The Board may, if it thinks fit, determine that this section shall have effect in relation to an officer, or officers included in a class of officers, as if references in this section to 3 years were references to such longer period as the Board specifies in the determination.

“(5) Where an officer who is engaged in eligible Commonwealth employment ceases, under sub-section (1), to be an officer upon his ceasing to be a person to whom the repealed Officers’ Rights Declaration Act 1928 applies, but does not also cease to be engaged in eligible Commonwealth employment, he retains, in respect of the employment in which he is engaged, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he so ceased to be an officer.

Effect of election or appeal on Trade Commissioner, &c.

“87w. Where, under sub-section 45(2) of the Public Service Amendment Act 1978, the former section 6 of the Trade Commissioners Act 1933 ceases to apply to an officer (otherwise than by reason of his ceasing to be an officer or by reason of his resuming duty in the Service), the officer continues, by force of this section, to be an unattached officer until he is promoted to an office in the Service, is transferred to such an office under section 50, ceases to be an officer or resumes duty in the Service, whichever first occurs.

“Division 5—Special Provisions Relating to Certain Persons

Interpretation

Provisions relating to certain officers on leave under section 71 and engaged in prescribed employment

“87y. (1) This section applies to an officer who—

(i) engaged in prescribed employment; and

“(2) An officer to whom this section applies shall—

“(3) If an officer to whom this section applies who is not deemed, by reason of sub-section (2), to have ceased to be an officer at the expiration of the day immediately preceding the commencing day is employed by a public authority, or by 2 or more public authorities in succession, for a continuous period equal to the relevant period, being a period commencing on the commencing day, he ceases to be an officer at the expiration of that continuous period.

“(4) For the purposes of sub-section (3), the relevant period, in relation to an officer to whom this section applies, is the period ascertained by subtracting from 3 years a period equal to the continuous period that ended on the day immediately preceding the commencing day during which the officer was employed as an officer or employee in the service of a Commission and was absent from the Service on leave of absence granted under section 71 for the purpose of enabling him to become so employed.

“(5) Where a person ceases to be an officer under sub-section (3), the Board shall cause notice in writing of the cessation to be given to the person and to be given to the public authority by which he is employed, or, if he is to be taken to be employed by a public authority by virtue of the operation of sub-section 87(2), (3) or (4), to such other person as the Board considers appropriate.

Provisions relating to certain officers on leave under section 71 and employed in Northern Territory Public Service

“87z. (1) This section applies to an officer who—

(i) engaged in employment in that Public Service; and

“(2) An officer to whom this section applies shall—

“(3) If an officer to whom this section applies who is not deemed, by reason of sub-section (2), to have ceased to be an officer at the expiration of the day immediately preceding the prescribed day is employed by a public authority, or by 2 or more public authorities in succession, for a continuous period equal to the relevant period, being a period commencing on the prescribed day, he ceases to be an officer at the expiration of that continuous period.

“(4) For the purposes of sub-section (3), the relevant period, in relation to an officer to whom this section applies, is the period ascertained by subtracting from 3 years a period equal to the continuous period (which may be, or may include, a period before the commencing day) that ended on the expiration of the day immediately preceding the prescribed day during which the officer was employed in the Public Service of the Northern Territory and was absent from the Service on leave of absence granted under section 71 for the purpose of enabling him to become so employed.

“(5) Where a person ceases to be an officer under sub-section (3), the Board shall cause notice in writing of the cessation to be given to the person and to be given to the public authority by which he is employed, or, if he is to be taken to be employed by a public authority by virtue of the operation of sub-section 87(2), (3) or (4), to such other person as the Board considers appropriate.

Provisions relating to former officers who resigned to join certain commissions

“87za. (1) This section applies to a person who resigned or retired from the Service for the purpose of becoming engaged in prescribed employment if—

(i) eligible Commonwealth employment; or

“(2) A person to whom this section applies shall be deemed to have been appointed to the Service on the commencing day—

“(3) A person to whom this section applies retains the rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness that had accrued to him immediately before he resigned or retired from the Service and, for the purpose of ascertaining his credits of leave of absence for recreation and leave of absence on account of illness, respectively—

“(4) Where, immediately before a person to whom this section applies resigned or retired from the Service as set out in sub-section (1)—

that section or that determination, as the case may be, applies to him as if he had not so resigned or retired from the Service and as if his service during the period referred to in that sub-section were service in the Service.

“(5) If a person to whom this section applies is employed by a public authority, or by 2 or more public authorities in succession, for a continuous period equal to the relevant period, being a period commencing on the commencing day, he ceases to be an officer at the expiration of that continuous period.

“(6) For the purposes of sub-section (5), the relevant period, in relation to a person to whom this section applies, is the period ascertained by subtracting from 3 years a period equal to the continuous period ended on the day immediately preceding the commencing day during which the person was engaged in employment of a kind or kinds referred to in sub-section (1).

“(7) Where a person ceases to be an officer under sub-section (5), the Board shall cause notice in writing of the cessation to be given to the person and to be given to the public authority by which he is employed, or, if he is to be taken to be employed by a public authority by virtue of the operation of sub-section 87(2), (3) or (4), to such other person as the Board considers appropriate.

Seniority of certain former officers re-appointed to Service

“87zb. (1) This section applies to a person who is an officer on the commencing day if the person—

(i) eligible Commonwealth employment;

(iii) employment in the Service.

“(2) On and after the commencing day, the seniority of a person to whom this section applies shall, subject to sub-section (3), be the seniority that he had immediately before the commencement of the period referred to in paragraph (1) (c).

“(3) Where a person to whom this section applies who is included in the Third Division was, immediately before he ceased, or last ceased, to be an officer, included in the Fourth Division, he shall, for the purpose of determining his seniority, be deemed to have entered the Third Division—

whichever is the later day.

Status of certain persons engaged in eligible Commonwealth employment

“87zc. (1) The Board may, with the approval of the Governor-General, declare, by declaration published in the Gazette—

(ii) by a specified Commonwealth authority,

that have, during that period, been made to—

(iii) officers who held, who were performing the duties of, offices in that branch; or

(iv) unattached officers who were performing duties in that branch,

to have been declared offers of employment that related to the officers of that branch for the purposes of this section.

“(2) Where—

(i) as the holder of a Commonwealth office; or

(ii) by a Commonwealth authority,

in accordance with the terms of a declared offer of employment that related to officers of that branch; and

he ceases to be an officer at the expiration of the day immediately preceding the last day of that period.

“(3) Where a person ceases to be an officer under sub-section (2), the Board shall cause notice in writing of the cessation to be given—

and the Permanent Head or that authority, as the case may require, shall, as soon as practicable after receiving the notice, cause a copy of the notice to be given to the person.

“Division 6—Miscellaneous

Promotion of certain former officers

“87zd. (1) Where—

the relevant provisions of this Act apply to and in relation to the provisional promotion as if—

“(2) In sub-section (1), ‘relevant provisions of this Act’ means the provisions of sections 50, 50a, 53 and 53a or, if those provisions are, for the purposes of Division 3, modified by the regulations, those provisions as so modified.

Continuity of employment by public authorities

“87ze. (1) Where a continuous period of employment of an officer by a public authority has commenced after, but not immediately after, the expiration of a continuous period of previous employment of the officer by such an authority, those periods of employment shall, for the purposes of this Part, be deemed to be continuous with one another if the officer was, throughout the period that commenced on the expiration of the second-mentioned period of employment and ended immediately before the commencement of the first-mentioned period of employment, the holder of a public office or the holder of 2 or more public offices in succession.

“(2) Where—

those periods of employment shall, for the purposes of this Part, be deemed to be continuous with one another unless the Board, being satisfied that it is in all the circumstances fair to do so, declares, by instrument in writing, that those periods shall not be so deemed to be continuous with one another.

“(3) Where—

(i) was not engaged in eligible public employment;

(ii) was not performing duty in the Service; and

(iii) was not absent from the Service on leave of absence granted under this Act; and

the first-mentioned continuous period of employment and his continuous period of employment by that public authority or in the Service, as the case may be, that followed the second-mentioned period shall be deemed to be continuous with one another.

“(4) Where—

(ii) retired also from the Service;

(iii) was a candidate at the election; and

(iv) failed to be elected;

he shall be deemed to have continued in the employment of that public authority as if he had not retired and had been on leave of absence without pay during the period from and including the day on which his retirement became effective to and including the day on which he was so re-employed.

“(5) Where—

(ii) was a candidate at the election; and

(iii) failed to be elected;

he shall be deemed to have continued in the employment of that public authority as if he had not retired and had been on leave of absence without pay during the period from and including the day on which his retirement became effective and to and including the day on which he was so re-employed.

Service of documents

“87zf. (1) A document required by this Part to be given or furnished to a person shall be given or furnished—

“(2) Where a document required by this Part to be given or furnished to a person is posted as a letter in accordance with this section, the document shall, unless the contrary is proved, be deemed to have been given or furnished at the time at which the letter would have been delivered in the ordinary course of post.

Revocation of determinations by Board

“87zg. Where the Board has made a determination under this Part, the Board may at any time revoke the determination.”.

Part V

33. The heading immediately preceding section 88 of the Principal Act is repealed and the following heading substituted:

“PART V—MISCELLANEOUS”.

Effect of appointments, &c., by Board, &c.

34. Section 92 of the Principal Act is amended by inserting in sub-section (2) “of every transfer of officers to whom Division 2 of Part IV applies, of every promotion or transfer of persons to whom Division 3 of that Part applies” after “officers,”.

Forfeiture of office on absence without leave

35. Section 93 of the Principal Act is repealed.

Personation, &c., at examinations

36. Section 96 of the Principal Act is amended by omitting sub-section (2).

Regulations

37. Section 97 of the Principal Act is amended—

(ii) the procedure for the service of documents upon persons;

Formal amendments

38. The Principal Act is amended as set out in the Schedule.

Amendments of Postal Services Act 1975

39. (1) After section 101 of the Postal Services Act 1975 the following section is inserted:

Officers’ Rights Declaration Act

“101a. Where the Managing Director, the Chief General Manager, a Chairman of a Promotions Appeal Board, an officer or an employee was, immediately before his appointment or engagement, a person, other than an unattached officer in the Postmaster-General’s Department, to whom the Officers’ Rights Declaration Act 1928 applied—

(2) Section 116 of the Postal Services Act 1975 is amended by omitting paragraph (e).

(3) The amendment made by sub-section (1) shall be deemed to have taken effect on 1 July 1975.

Amendments of Telecommunications Act 1975

40. (1) After section 97 of the Telecommunications Act 1975 the following section is inserted:

Officers’ Rights Declaration Act

“97a. Where the Managing Director, the Chief General Manager, a Chairman of a Promotions Appeal Board, an officer or an employee was, immediately before his appointment or engagement, a person, other than an unattached officer in the Postmaster-General’s Department, to whom the Officers’ Rights Declaration Act 1928 applied—

(2) Section 112 of the Telecommunications Act 1975 is amended by omitting paragraph (b).

(3) The amendment made by sub-section (1) shall be deemed to have taken effect on 1 July 1975.

Amendment of Public Service Amendment Act (No. 2) 1976

41. (1) Section 4 of the Public Service Amendment Act (No. 2) 1976 is repealed.

(2) Section 84c of the Principal Act as amended by this Act (in this sub-section referred to as the “relevant section”) applies to an officer who was transferred to the Public Service of the Northern Territory under section 84a of the Principal Act before the commencement of this section in relation to a provisional promotion that was made before that date, being a promotion that had not been confirmed or cancelled before that date, as if the relevant section had been in force on the date on which his transfer took effect, and anything done in relation to the promotion before that date under a provision of the Public Service Act 1922 referred to in sub-section (2) of the relevant section shall be deemed, on or after that date, to have been done under that provision in its application by virtue of sub-section (2) of the relevant section.

Amendments of Repatriation Act 1920

42. (1) Section 8a of the Repatriation Act 1920 is amended—

(2) Section 2.1 of the Repatriation Act 1920 is amended—

(3) Section 63 of the Repatriation Act 1920 is amended—

Amendments of Superannuation Act 1976

43. Section 14a of the Superannuation Act 1976 is amended—

“who—

(a) is a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;

“(5) Nothing in this section authorizes the making of regulations modifying this Act, or a provision of this Act, in a manner that would impose obligations on a State or on an authority of a State, in relation to a person to whom this section applies other than a person referred to in sub-section (4), that are inconsistent with the terms of an arrangement entered into under Part IV of the Public Service Act relating to the provision of superannuation benefits under this Act for that person or for persons included in a class of persons in which that person is included.”.

Repeal of Officers’ Rights Declaration Act 1928

44. (1) The following Acts are repealed:

Officers’ Rights Declaration Act 1928

Officers’ Rights Declaration Act 1933

Officers’ Rights Declaration Act 1940

Officers’ Rights Declaration Act 1959

Officers’ Rights Declaration Act 1969.

(2) Where an officer is, on the date of commencement of this section, engaged in employment as a member of or by an authority, or as the holder of an office, and the Acts repealed by sub-section (1)—

then, notwithstanding their repeal, those Acts continue to apply to and in relation to him until the expiration of the day on which—

whichever first occurs.

Amendments of Trade Commissioners Act 1933

45. (1) Section 6 of the Trade Commissioners Act 1933 is amended—

(2) Where, immediately before the date of commencement of this section, section 6 of the Trade Commissioners Act 1933 applied to a person who holds, on that date, an office of Trade Commissioner or Assistant Trade Commissioner, that section continues, notwithstanding the amendments made by sub-section (1) of this section, to apply to and in relation to the person until the expiration of the day on which—

whichever first occurs.

Amendments of Commonwealth Legal Aid Commission Act 1977

46. (1) Section 20 of the Commonwealth Legal Aid Commission Act 1977 is amended—

(2) Section 22 of the Commonwealth Legal Aid Commission Act 1977 is amended by omitting sub-section (2).

(3) Sections 23 to 30 (inclusive) of the Commonwealth Legal Aid Commission Act 1977 are repealed.

(4) Where—

(i) had been provisionally promoted to fill a vacant office in the Service; or

by virtue of the operation of section 23 of the Commonwealth Legal Aid Commission Act 1977 and the provisional promotion had not been confirmed or cancelled before that day; or

then, notwithstanding the repeal of section 23 of that Act, that section, and the regulations in force for the purposes of that section immediately before that day, continue to apply in relation to the provisional promotion and in relation to those persons in respect of the provisional promotion.

Promotion of certain persons to Service from eligible public employment

47. Where—

the provisions of Part IV of the Principal Act as amended by this Act apply in relation to the provisional promotion, and in relation to that person in respect of the provisional promotion, as if that Part had come into operation on the day on which the provisional promotion was made and that person had been, from and including that last-mentioned day, a person to whom Division 3 of that Part applied.

Saving

48. (1) Subject to sub-section (2), where, before the commencement of this section, leave of absence from the Service was granted to an officer under a section of the Principal Act repealed by section 26 or 28 of this Act for a period commencing on or after, or extending after, the commencement of this section—

(2) Sub-section (1) does not apply to or in relation to leave of absence granted to a person to whom section 87y or 87zc of the Principal Act as amended by this Act applies on the date of commencement of this section.

Offences under Principal Act

49. (1) Subject to this section, Subdivision C of Division 6 of Part III of the Principal Act as amended by this Act applies to and in relation to an offence mentioned in section 55 of the Public Service Act 1922 that was committed before the date fixed under sub-section 2 (2) (in this section referred to as the “commencing date”) by an officer included in the Second, Third or Fourth Division as if the commission of such an offence by such an officer were a failure by the officer to fulfil his duty as an officer within the meaning of that Subdivision.

(2) Notwithstanding sub-section (1), where an officer committed an offence mentioned in section 55 of the Public Service Act 1922 before the commencing date and—

the officer shall not be charged under Subdivision C of Division 6 of Part III of that Act with having failed to fulfil his duty as an officer by reason of his having committed that offence.

(3) Where an officer included in the Second, Third or Fourth Division had been charged with an offence mentioned in section 55 of the Public Service Act 1922 before the commencing date but the charge had not been disposed of before that date, an officer authorized under section 62 of the Principal Act, as amended by this Act, to inquire into the charge shall hold an inquiry into the alleged offence and—

(a) if the officer charged is an officer included in the Second Division—may treat any explanation or statement furnished to the Board of Inquiry under the Public Service Act 1922 in connexion with the charge against the officer as having been furnished to him for the purpose of the inquiry; and

(4) Where an officer included in the Third or Fourth Division had appealed under the Public Service Act 1922 against the decision of a Chief Officer in respect of an offence against section 55 of that Act, but the appeal had not been disposed of before the commencing date, the appeal shall be heard and determined by a Disciplinary Appeal Board constituted under the Principal Act, as amended by this Act, as if the appeal has been instituted under the Principal Act as so amended and—

(i) cause a supervisor of the officer to counsel the officer; or

but so that the action directed or recommended to be taken in respect of the officer is not more severe than the action decided upon by the Chief Officer; or

(5) Where, in pursuance of sub-section (4), a Disciplinary Appeal Board has given a direction, or made a recommendation, that action be taken in respect of an officer—

(6) Where an officer included in the Second, Third or Fourth Division was suspended from duty immediately before the commencing date, the suspension operates on and after the commencing date as if it had been imposed by the Chief Officer under the Principal Act, as amended by this Act.

(7) For the purposes of this section, a charge against an officer shall be taken to have been disposed of—

(8) For the purposes of this section, an appeal shall be taken to have been disposed of if it has been withdrawn or it has been heard and determined.

Preservation of certain rights under section 82aa of Principal Act, &c.

50. (1) Where, immediately before the date fixed under sub-section 2(2)—

that employee may exercise that right of appeal or that Appeal Board may dispose of that appeal, as the case requires, on and after that date as if the amendment of the Principal Act effected by section 30 of this Act had not been made.

(2) For the purposes of this section an appeal shall be taken to have been disposed of if it has been withdrawn or it has been heard and determined.

Chairman of Appeal Board under Principal Act to continue in office as Chairman of Disciplinary Appeal Board

51. A person holding office immediately before the date fixed under sub-section 2 (2) as a Chairman of an Appeal Board constituted under sub-section 55(5) of the Public Service Act 1922 shall, for the purposes of the Principal Act, as amended by this Act, be deemed to have been appointed as a Chairman of a Disciplinary Appeal Board constituted under sub-section 63e(2) of the Principal Act as so amended and shall, subject to the Principal Act as so amended, continue to hold office for the balance of the term for which he was appointed.

SCHEDULE Section 38