Commonwealth Numbered Acts

PRIME MINISTER AND CABINET (MISCELLANEOUS PROVISIONS) ACT 1994 No. 33, 1994 - SECT 39

39. Section 63K of the Principal Act is amended:

   (a)  by omitting subsection (3) and substituting the following subsections:

"(3) If the person holding an inquiry into a charge under subsection (1) is
satisfied that the unattached officer committed misconduct before he or she
became an unattached officer, the person may cause the officer to be
counselled by another officer.



"(3A) If the person is of the opinion that counselling is not sufficient, he
or she may give one of the following directions:

   (a)  a direction that the officer be admonished;

   (b)  a direction that an amount not exceeding $500 be deducted from money
        due by the Commonwealth to the officer;

   (c)  a direction that the officer's classification be reduced to a
        specified lower classification and, if a range of salary is applicable
        to the lower classification, specifying the rate at which salary
        payable to the officer is to be paid;

   (d)  a direction that the officer be dismissed from the Service.



"(3B) The reference in paragraph (3A)(b) to money due by the Commonwealth to
an officer is to be read as follows:

   (a)  if, when the direction is given, the officer is performing duties in a
        Department, the reference is to salary due to the officer;

   (b)  in any other case, the reference is to any money due, or that becomes
        due, by the Commonwealth to the officer:

        (i)    under this Act or under regulations or a determination under
               this Act; or

        (ii)   under the Long Service Leave (Commonwealth Employees) Act  1976
               .";

   (b)  by omitting from subsection (4) "subsection (3)" and substituting
        "subsection (3A)";

   (c)  by omitting from subsection (5) ", or is not dismissed," and
        substituting ", or that other action is, or is not, taken against the
        officer,";

   (d)  by adding at the end the following subsection:

"(8) If:

   (a)  a person is charged under this section; and

   (b)  before the charge is determined, the person ceases to be an unattached
        officer but remains an officer; this Subdivision continues to apply to
        the person in relation to the charge, and any action may be taken by
        or against the person under this Subdivision in relation to the
        charge, as if the person were still an unattached officer.".