Commonwealth Numbered Acts

PUBLIC SERVICE AMENDMENT ACT 1978 No. 170, 1978 - SECT 49

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-

   (a)  the officer was charged with the offence before that date; or

   (b)  the offence was dealt with under sub-section (2) of that section as a
        minor offence before that date, 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

   (b)  if the officer charged is an officer included in the Third or Fourth
        Division-may treat any explanation and reports furnished to a
        Chief Officer under the Public Service Act 1922 in connexion with the
        charge against the officer as having been furnished to him for the
        purposes of the inquiry.

(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-

   (a)  if the Board, on hearing the appeal, decides that the charge has been
        sustained, the decision of the Chief Officer shall be of no effect and
        the Board shall-

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

        (ii)   direct that action of a kind specified in paragraph 62 (6) (a)
               of the Principal Act, as amended by this Act, or recommend that
               action of a kind specified in paragraph 62 (6) (b) of that Act
               as so amended, be taken in respect of the officer,

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

   (b)  if it does not so decide-set aside the decision of the Chief Officer.

(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-

   (a)  in a case where it has given a direction-that direction takes effect
        in respect of the officer immediately; and

   (b)  in a case where it has made a recommendation-the Board may take action
        of a kind specified in paragraph 62 (6) (a) or (b) of the Principal
        Act, as amended by this Act, in respect of the 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-

   (a)  if the charge has been withdrawn; or

   (b)  if-

        (i)    in a case where the officer charged is an officer of the Second
               Division-the officer has admitted the truth of the charge or
               the charge has been dismissed by a Board of Inquiry or found by
               a Board of Inquiry to be proved; or

        (ii)   in a case where the officer charged is an officer of the Third
               or Fourth Division-the charge has been dismissed, or found to
               have been sustained by the Chief Officer.

(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.