Commonwealth Numbered Regulations

1981 No. 34 PUBLIC SERVICE REGULATIONS (AMENDMENT) - REG 9

9. Parts IX and X of the Public Service Regulations are repealed, and the
following Parts substituted:
               "PART  IX-DISCIPLINE  IN  RELATION  TO  OFFICERS
Interpretation

"139. (1) For the purposes of the definition of 'Chief Officer' in sub-section
55 (1) of the Act, and in this Part, unless the contrary intention appears-

   (a)  a Chief Officer in the Department in which the person last held office
        or, where that person did not hold office, the Department in which he
        last performed duties; or

   (b)  where that Department has been abolished-a Chief Officer selected by
        the Board having regard to the duties last performed in the Service by
        that person, as the case requires, shall be taken to be the Chief
        Officer in respect of a person who-

   (c)  has been dismissed from the Service under section 63A or 63D of the
        Act;

   (d)  is deemed, under section 66A of the Act, to have retired from the
        Service; or

   (e)  is an unattached officer within the meaning of Subdivision D of
        Division 6 of Part III of the Act.



"(2) In this Part, unless the contrary intention appears-
'Board of Inquiry' means a Board of Inquiry appointed under sub-section 57 (6)
of the Act;
'Director' means the Director, Grievance and Appeals Bureau, Office of the
Public Service Board;
'Disciplinary Appeal Board' means a Disciplinary Appeal Board established
under section 63E of the Act;
'proceeding' means-

   (a)  in relation to a Board of Inquiry, an inquiry into a charge under
        sub-section 57 (5) of the Act; and

   (b)  in relation to a Disciplinary Appeal Board, the hearing of an appeal
        under section 63D, 63F, 63P or 66B of the Act or the conduct of a
        review under section 63G of the Act,
or any part of such an inquiry, hearing or review;
'review' means a review of a finding or of action taken referred to in section
63G of the Act, as the case requires.



"(3) For the purposes of the definition of 'salary' in sub-section 55 (1) of
the Act 'salary', in relation to an officer who is suspended from duty under
section 57, 59 or 63B of the Act, includes any allowance that would have been
payable to that officer under the Act or these Regulations otherwise than
under regulation 97, 97B, 97C, 97D, 97E, 98AAA, 98A or 98AB if the officer had
not been so suspended. Manner of appeal to Disciplinary Appeal Board

"140. (1) An appeal to a Disciplinary Appeal Board under section 63D, 63F, 63P
or 66B of the Act shall be made in writing and addressed to and lodged with
the Director.

"(2) An appeal to a Disciplinary Appeal Board under sub-section 63D (2) or 63P
(1) of the Act shall specify the ground or grounds specified in that
sub-section on which the appeal is made. Time within which appeal to be made
to Disciplinary Appeal Board

"141. (1) Subject to sub-regulation (2), an appeal referred to in
sub-regulation 140 (1) shall be lodged with the Director by delivering it to,
or posting it as a letter so as to be received by, the Director within the
period of 14 days after the day on which the appellant was furnished, or is
under sub-regulation 6A (2) to be deemed to have been furnished, with the
particulars of reasons, or reasons, referred to in paragraph 62 (9) (a) or
(b), 63 (4) (a) or (b), 63F (7) (a) or 66B (4) (a) or sub-section 63K (4), 63L
(4) or 63M (2), as the case may be, of the Act or within such further period
as the person who is required to furnish those particulars of reasons, or
reasons, to that appellant considers reasonable.

"(2) Where, in relation to an appeal referred to in sub-regulation 140 (1), an
appellant, or any person on behalf of such an appellant, applies in writing to
the Director for an extension of a period referred to in sub-regulation (1),
the Director may, if there is reasonable ground for so doing, extend that
period by such further period as he considers reasonable.

"(3) For the purposes of this regulation, the Director shall, by notice
published in the Gazette, nominate a place or places to which appeals may be
delivered or posted and to which applications for extension of time may be
directed. Officers' representative on Disciplinary Appeal Boards

"142. (1) For the purposes of paragraphs 63E (2) (c) and 63E (3) (g) of the
Act, a person nominated to represent officers shall be-

   (a)  subject to paragraph (b), where the appellant or person requesting a
        review, as the case may be, is-

        (i)    an officer, other than an officer to whom Subdivision D of
               Division 6 of Part III of the Act applies; and

        (ii)   a member of an organization within the meaning of the
               Conciliation and Arbitration Act 1904-
a person nominated by that organization;

   (b)  where the appellant or person requesting a review, as the case may be,
        is an officer in relation to whom paragraph (a) applies and is a
        member of 2 or more organizations within the meaning of the
        Conciliation and Arbitration Act 1904-a person nominated by the
        organization of of which he is a member selected by that appellant or
        person in accordance with paragraph (2) (b) or (3) (b), as the case
        requires; or

   (c)  in any other case-a person nominated by the appellant or person
        requesting a review from a list, of not less than 3 names of persons
        specified by the Public Service Board having regard to the duties or
        former duties of the appellant or person requesting a review,
        furnished to that appellant or person by the Director as soon as
        practicable after the appeal is delivered to, or received by, the
        Director in accordance with regulation 141 or the Public Service Board
        is satisfied under sub-section 63G (3) of the Act that the ground of
        the request is established, as the case may be.



"(2) An appellant in relation to whom paragraph (1) (a) or (b) applies shall
notify the Director in writing, as soon as practicable after he lodges his
appeal, of-

   (a)  where the appellant is an appellant in relation to whom paragraph (1)
        (a) applies other than an appellant in relation to whom paragraph (1)
        (b) applies-the name of the organization referred to in sub-paragraph
        (1) (a) (ii) of which he is a member; or

   (b)  where the appellant is an appellant in relation to whom paragraph (1)
        (b) applies-the name of the organization referred to in that paragraph
        which he selects as the organization by which a person shall be
        nominated for the purposes of paragraph 63E (2) (c) or 63E (3) (g) of
        the Act, as the case requires, in relation to his appeal.



"(3) A person requesting a review in relation to whom paragraph (1) (a) or (b)
applies shall notify the Director, as soon as possible after he requests that
review, of-

   (a)  where he is a person in relation to whom paragraph (1) (a) applies
        other than a person in relation to whom paragraph (1) (b) applies-the
        name of the organization referred to in sub-paragraph (1) (a) (ii) of
        which he is a member; or

   (b)  where he is a person in relation to whom paragraph (1) (b) applies-the
        name of the organization referred to in that paragraph which he
        selects as the organization by which a person shall be nominated for
        the purpose of paragraph 63E (2) (c) or 63E (3) (g) of the Act, as the
        case requires, in relation to his request.



"(4) An appellant or person requesting a review in relation to whom paragraph
(1) (c) applies shall, as soon as practicable after the list of names referred
to in that paragraph is furnished to him, notify the Director of the name of
the person nominated by him from that list for the purposes of paragraph 63E
(2) (c) or 63E (3) (g) of the Act, as the case requires. Procedure of Director
on receipt of appeal or in relation to request for review

"143. (1) Where the Director receives an appeal in accordance with regulation
141 he shall, as soon as practicable-

   (a)  where the person who appealed has notified the Director of the name of
        an organization in accordance with sub-regulation 142 (2)-obtain from
        that organization the name and address of the person nominated by that
        organization to represent officers in accordance with sub-regulation
        142 (2) for the purposes of paragraph 63E (2) (c) or 63E (3) (g) of
        the Act, as the case requires;

   (b)  notify the Chief Officer of the person who appealed that the appeal
        has been made and furnish that Chief Officer with a copy of the
        appeal;

   (c)  obtain from the Chief Officer referred to in paragraph (b) the name
        and address of the officer nominated by him for the purposes of
        paragraph 63E (2) (b) or 63E (3) (f) of the Act, as the case requires;
        and

   (d)  after the names and addresses of the officer nominated for the
        purposes of paragraph 63E (2) (b) or 63 (3) (f) of the Act and the
        person nominated for the purposes of paragraph 63E (2) (c) or 63E (3)
        (g) of the Act have been obtained by or notified to the Director-refer
        the appeal together with those names and addresses to a Chairman of a
        Disciplinary Appeal Board.



"(2) Where, in relation to a request for a review, the Director is notified
under sub-regulation 142 (3) or (4) of the name of an organization or person,
he shall-

   (a)  where the person requesting the review has notified the Director of
        the name of an organization in accordance with sub-regulation 142
        (3)-obtain from that organization the name and address of the person
        nominated by that organization to represent officers in accordance
        with sub-regulation 142 (1) for the purposes of paragraph 63E (2) (c)
        or 63E (3) (g) of the Act, as the case requires;

   (b)  notify the Chief Officer of the person requesting the review that the
        request has been made;

   (c)  obtain from the Chief Officer referred to in paragraph (b) the name
        and address of the officer nominated by him for the purposes of
        paragraph 63E (2) (b) or 63E (3) (f) of the Act; and

   (d)  after the names and addresses of the officer nominated for the
        purposes of paragraph 63E (2) (b) or 63E (3) (f) of the Act and the
        person nominated for the purposes of paragraph 63E (2) (c) or 63E (3)
        (g) of the Act have been obtained by or notified to the Director-refer
        those names and addresses to the Public Service Board.

"(3) Where the Director requests that a Chief Officer referred to in paragraph
(1) (b) or (2) (b) provide him with a name and address of an officer referred
to in paragraph (1) (c) or (3) (c) that Chief Officer shall provide the name
and address of that officer to the Director forthwith. Procedure on receipt by
a Chairman of appeal or request for review

"144. As soon as practicable after a Chairman of a Disciplinary Appeal Board
receives-

   (a)  an appeal referred to him in accordance with paragraph 143 (1) (d); or

   (b)  a request for a review referred to the Disciplinary Appeal Board under
        sub-section 63G (3) of the Act, he shall, after taking into account-

   (c)  the time it may take to notify the parties to the proceeding; and

   (d)  the time it may take for the appellant or the person seeking the
        review to travel to attend the hearing and to prepare his case,
        proceed to-

   (e)  fix the date on which and the time and place at which the Disciplinary
        Appeal Board will hear the proceeding; and

   (f)  notify the parties to the proceeding and the officer and the person
        nominated for the purposes of paragraphs 63E (2) (b) and (c) or 63E
        (3) (f) and (g), as the case may be, of the Act of that date, time and
        place.

Furnishing of documents to appellants and persons requesting a review

"145. (1) Subject to sub-regulations (3) and (4), where a Board of Inquiry is
to inquire into a charge, the Public Service Board shall-

   (a)  furnish the charged officer with a copy of all documents intended to
        be used in the inquiry; and

   (b)  where practicable, do so at least 7 days before the inquiry is to
        commence.



"(2) Subject to sub-regulations (3) and (4), where a Disciplinary Appeal Board
is to hear and determine an appeal, review a finding or review action taken in
respect of a charge, the Chief Officer of the person appealing or requesting
the review shall-

   (a)  furnish that person with a copy of all documents intended to be used
        in the hearing of the appeal or in the review, as the case may be; and

   (b)  where practicable, do so at least 7 days before the hearing or review
        is to commence.



"(3) Where-

   (a)  a document referred to in sub-regulation (1) or (2) contains
        information of a medical or psychiatric nature concerning the person
        to whom it is to be furnished under that sub-regulation; and

   (b)  it appears to the Public Service Board or Chief Officer, required by
        that sub-regulation to furnish that document to that person, that the
        disclosure of that document to that person might be prejudicial to the
        physical or mental health or well-being of that person, the Public
        Service Board or Chief Officer, as the case may be, may refuse to
        furnish that person with that document.

"(4) Where-

   (a)  a document referred to in sub-regulation (1) or (2) contains
        information that is relevant to a person other than the charged
        officer, appellant or person seeking a review; and

   (b)  the furnishing of that document in accordance with that sub-regulation
        might be prejudicial to the other person to whom the information
        referred to in paragraph (a) is relevant, the Public Service Board or
        Chief Officer, as the case may be, may refuse to furnish that document
        to that charged officer, appellant or person requesting a review.

"(5) Where the Public Service Board or a Chief Officer refuses under
sub-regulation (3) or (4) to furnish a person with a document, the Public
Service Board or that Chief Officer, as the case requires, shall notify
forthwith that person and the Board hearing the appeal of that refusal and of
the sub-regulation under which it was made.

"(6) Where, in relation to a proceeding before a Board of Inquiry or a
Disciplinary Appeal Board, a charged officer, appellant or person requesting a
review has not been furnished with a copy of a document that is intended to be
used in the proceeding or has been furnished with that document less than 7
days before the proceeding commenced, a person shall not use that document in
that proceeding unless he has-

   (a)  notified that Board accordingly; and

   (b)  furnished that Board with that document and with the reasons for not
        furnishing, or for furnishing less than 7 days before the proceeding
        commenced, the charged officer, appellant or person requesting a
        review, as the case requires, with a copy of that document.



"(7) Where a Board hearing a proceeding is notified under sub-regulation (6)
that a charged officer, appellant or person requesting a review has not been
furnished with a document or has been furnished with a document less than 7
days before that proceeding commenced, that Board may, after consideration of
the contents of the document and of the reasons furnished to it under
paragraph (6) (b), subject to sub-regulation 148 (3)-

   (a)  order that the document be furnished or shown to that charged officer,
        appellant or person requesting a review before it is used in that
        proceeding;

   (b)  where the document is a document to which sub-regulation (3)
        applies-order that the document be furnished to a medical practitioner
        nominated for the purpose by the charged officer, appellant or person
        requesting a review, as the case may be;

   (c)  order that the document not be used in the proceeding; or

   (d)  permit the document to be used in that proceeding, and in so doing may
        make such orders in relation to the furnishing of that document to the
        charged officer, appellant or person requesting a review (including,
        without limiting the generality of the foregoing, orders adjourning
        the proceeding) as that Board thinks fit.

"(8) In this regulation 'document' includes any part of a document. Powers of
Chairman of Disciplinary Appeal Board

"146. Where, under sub-section 63E (13) of the Act, the remaining members of a
Disciplinary Appeal Board are to conduct a proceeding in the absence of the
Chairman of that Board, the references in these Regulations to 'Chairman'
shall be read in relation to that proceeding as references to those members
acting together. Evidence taken in remote locality

"147. (1) Where, in relation to an appeal under section 63D, 63F, 63P or 66B
of the Act, it appears to a Disciplinary Appeal Board that it is undesirable,
by reason of the appellant being stationed outside Australia or in a remote
locality in Australia, or by reason of expense, inconvenience or delay, to
require the appellant or any particular witness to attend to give evidence
before the Disciplinary Appeal Board hearing the appeal, that Board may, by
order in writing under the hand of its Chairman, appoint some fit and proper
person to take the evidence of that appellant or witness.

"(2) A person appointed under sub-regulation (1) shall take any evidence under
that sub-regulation on oath or affirmation and, for the purpose of so doing,
shall have all the powers of the Disciplinary Appeal Board that appointed him.

"(3) Each party to an appeal under section 63D, 63F, 63P or 66B of the Act who
is entitled to be represented before the Disciplinary Appeal Board hearing the
appeal may be represented before any person taking evidence in connection with
that appeal in pursuance of this regulation by a legal practitioner or some
other person and the legal practitioner or other person may examine witnesses
and address the person taking that evidence on behalf of the party whom he
represents.

"(4) Evidence taken under this regulation shall be certified under the hand of
the person taking it, forwarded to the Disciplinary Appeal Board that
appointed him and to the parties to the appeal and considered by that Board as
evidence in connection with the appeal in relation to which it was so taken.
Hearing to be in public except in special circumstances

"148. (1) Subject to this regulation, a proceeding before a Board of Inquiry
or a Disciplinary Appeal Board shall be in public.

"(2) Where a Board of Inquiry or Disciplinary Appeal Board, as the case may
be, is satisfied that it is desirable to do so by reason of the confidential
nature of any evidence or matter or for any other reason, that Board may, by
order-

   (a)  direct that a proceeding take place in private and give directions as
        to the persons who may be present at that proceeding;

   (b)  give directions prohibiting or restricting the publication of evidence
        given before that Board, whether in public or in private, or of
        matters contained in documents lodged with that Board or received in
        evidence by that Board; or

   (c)  give directions prohibiting or restricting the disclosure to some or
        all of the parties to a proceeding of evidence given before that
        Board, or of the contents of a document lodged with that Board, in
        relation to the proceeding.



"(3) In considering-

   (a)  whether the hearing of a proceeding should be held in private; or

   (b)  whether publication, or disclosure to some or all of the parties, of
        evidence given before a Board of Inquiry or Disciplinary Appeal Board,
        or of a matter contained in a document lodged with that Board or
        received in evidence by it, should be prohibited or restricted, that
        Board shall take as the basis of its consideration the principle that
        it is desirable that hearings of proceedings before it should be held
        in public and that evidence given before it and the contents of
        documents lodged with it or received in evidence by it should be made
        available to the public and to all the parties, but shall pay due
        regard to any reasons given to it why the hearing should be held in
        private or why publication or disclosure of the evidence or the matter
        contained in the document should be prohibited or restricted.

"(4) Notwithstanding sub-regulations (1), (2) and (3), where a Board of
Inquiry reports, in accordance with sub-section 57 (5) of the Act, that it
finds a charge proved or where a recommendation is made to the Public Service
Board that action be taken to dismiss an officer from the Service-

   (a)  the Board of Inquiry or officer holding an inquiry into the charge in
        relation to which that report or recommendation was made, as the case
        may be; or

   (b)  if the recommendation was the subject of or a consequence of an appeal
        to a Disciplinary Appeal Board-that Board, shall furnish the Public
        Service Board with a copy of all of the evidence taken by him or it,
        as the case may be, in relation to the charge or appeal in relation to
        which the recommendation was made. Witnesses

"149. (1) For the purposes of a proceeding before a Board of Inquiry or a
Disciplinary Appeal Board, the Chairman of that Board may, by writing under
his hand, summon a person to attend before that Board to give evidence and to
produce such documents (if any) as are referred to in the summons.

"(2) Where a Disciplinary Appeal Board appoints a person under sub-regulation
147 (1) to take the evidence of an appellant or witness, the Chairman of that
Board may, by writing under his hand, summon that appellant or witness to
appear before the person so appointed to give evidence and to produce such
documents (if any) as are referred to in the summons. Offences by persons
summoned to attend before Disciplinary Appeal Boards

"150. (1) Subject to sub-regulation (2), a person summoned to attend at a
proceeding before a Disciplinary Appeal Board shall not, without reasonable
excuse-

   (a)  fail (in the case of a person other than an officer or employee, after
        tender of reasonable expenses) to attend or to produce documents in
        accordance with the summons;

   (b)  at that proceeding refuse to be sworn or to make an affirmation; or

   (c)  at the proceeding refuse to answer a question, relevant to that
        proceeding, that the Chairman of that Board requires him to answer.

Penalty: $40.

"(2) Nothing in these Regulations shall be construed as requiring a person to
answer a question where the answer to that question would tend to incriminate
him. Witnesses expenses

"151. (1) A person, other than a person referred to in sub-regulation (4), who
is summoned to attend, and attends, for the purpose of giving evidence in an
inquiry made by a Board of Inquiry or in an appeal to a Disciplinary Appeal
Board, and who applies to the Chairman of that Board for the payment of costs
reasonably incurred by him in relation to that attendance, is entitled to the
payment by the Commonwealth to him of those costs assessed by that Chairman in
accordance with the scale applicable to witnesses expenses payable under the
Public Works Committee Regulations.

"(2) An assessment made under sub-regulation (1) shall be in writing and shall
be furnished to the person in respect of whom it is made.

"(3) An amount payable to a person in accordance with sub-regulation (1) is
payable to him, upon tender of a copy of the assessment referred to in
sub-regulation (1), by the Department of the Chief Officer of the appellant or
person charged, as the case requires.

"(4) This regulation does not apply to-

   (a)  officers or employees summoned to give evidence; or

   (b)  witnesses who are summoned at the request of an appellant in respect
        of whom an order has been made under sub-section 63E (10) of the Act.

Representation of parties

"152. (1) A person who is a party to a proceeding before a Board of Inquiry or
a Disciplinary Appeal Board is entitled to examine witnesses and address that
Board at that proceeding.

"(2) A person referred to in sub-regulation (1) may be represented at a
proceeding referred to in that sub-regulation by a legal practitioner or some
other person and the legal practitioner or other person may examine witnesses
and address the Board referred to in that sub-regulation on behalf of the
person referred to in that sub-regulation. Protection of members of Boards of
Inquiry and Disciplinary Appeal Boards, witnesses, &c.

"153. (1) An action or proceeding, civil or criminal, does not lie against a
person who is a Chairman or member of a Board of Inquiry or Disciplinary
Appeal Board for or in respect of any act or thing done in good faith by the
person in his capacity as such a Chairman or member.

"(2) A legal practitioner representing a party to a proceeding before a Board
of Inquiry or Disciplinary Appeal Board has the same protection and immunity
as a barrister has in appearing for a party in proceedings in the High Court.

"(3) Subject to this Part-

   (a)  a person summoned to attend or appearing before a Board of Inquiry or
        a Disciplinary Appeal Board to give evidence at a proceeding; or

   (b)  a person, other than a legal practitioner, representing a party at the
        hearing of a proceeding before such a Board, has the same protection,
        and is, in addition to the penalties provided by this Part, subject to
        the same liabilities, in any civil or criminal proceedings, as a
        witness in proceedings in the High Court. Notification of findings of
        Board of Inquiry

"154. Where a Board of Inquiry makes a finding under sub-section 57 (5) of the
Act, it shall, as soon as practicable after it has completed its inquiry,
notify the officer charged, the Minister and the Public Service Board in
writing of its finding and of the reasons for its finding. Notification of
findings of Disciplinary Appeal Board

"155. Where a Disciplinary Appeal Board makes a decision in respect of an
appeal under section 63D, 63F, 63P or 66B of the Act or a request for a review
under section 63G of the Act, the Chairman of that Board shall, as soon as
practicable after that Board has made its decision, notify-

   (a)  the appellant or person requesting the review;

   (b)  the Chief Officer of that appellant or person; and

   (c)  the Public Service Board, in writing of the decision and of the
        reasons for that decision. Payment of costs

"156. (1) In this regulation a reference to a successful appeal includes a
reference to an appeal as a result of the determination of which the severity
of action taken or to be taken under section 62 or 63 of the Act in respect of
an officer is reduced.

"(2) Where-

   (a)  an appeal to a Disciplinary Appeal Board is successful; or

   (b)  a charge into which a Board of Inquiry was inquiring is, as a result
        of that inquiry, found not to be proved, the Disciplinary Appeal Board
        that heard the appeal, or the Board of Inquiry that conducted the
        inquiry, shall consider and determine whether the Department of the
        Chief Officer referred to in paragraph 63E (2) (b) or 63E (3) (f), as
        the case may be, of the Act in relation to the appeal, or, in the case
        of an inquiry, the Public Service Board, should pay the whole or part
        of the costs incurred in that appeal by that appellant or in that
        inquiry by that charged officer.

"(3) Where a Disciplinary Appeal Board or Board of Inquiry determines under
sub-regulation (2) that a Department or the Public Service Board should pay
the whole or part of the costs incurred by an appellant in an appeal or a
charged officer in an inquiry, that Department or the Public Service Board
shall pay to that appellant or charged officer the amount that the
Disciplinary Appeal Board or Board of Inquiry has so determined. Costs of
lapsed appeal or inquiry

"157. (1) Except where an order under sub-section 63E (10) of the Act has been
made, where an appeal to a Disciplinary Appeal Board under section 63D, 63F,
63P or 66B of the Act or an inquiry being conducted under sub-section 57 (5)
of the Act by a Board of Inquiry lapses because of the death, mental or
physical incapacity or compulsory retirement of the appellant or charged
officer, an application for payment of the costs reasonably incurred by the
appellant in the appeal or charged officer in the inquiry may be made to the
Public Service Board by that appellant or charged officer or by a person
administering his affairs or estate under a law of the Commonwealth or of a
State or of a Territory, or by a member of his family, as the case requires.

"(2) Where the Public Service Board receives an application under
sub-regulation (1)-

   (a)  in the case of a lapsed appeal referred to in sub-regulation (1)-it
        shall refer the application to the Department of the Chief Officer
        referred to in paragraph 63E (2) (b) or 63E (3) (f), as the case may
        be, of the Act in relation to that appeal and that Department shall
        pay to the applicant the costs to which the application relates; and

   (b)  in the case of a lapsed inquiry referred to in sub-regulation (1)-it
        shall pay to the applicant the costs to which the application relates.



"(3) In this regulation a reference to a member of the family of a person
shall be read as including a reference to a parent, spouse, de facto spouse or
child of that person, or the spouse of a child of that person. Recording of
action taken

"158. (1) Subject to this regulation, where action other than counselling is
taken under, or by virtue of the application of, section 57, 58, 62, 63, 63D,
63K, 63L, 63M or 63S of the Act in relation to an officer, the Chief Officer
shall cause a record of the action so taken to be entered in an official
conduct record kept and maintained in relation to that officer.

"(2) Notwithstanding the provisions of this regulation, the Chief Officer
shall not enter under sub-regulation (1) a record of action taken in relation
to an officer while that action is or may become the subject of an appeal to a
Disciplinary Appeal Board under section 63D or 63P of the Act.

"(3) Subject to sub-regulation (5), the record of action entered under
sub-regulation (1) in the official conduct record of an officer shall be kept-

   (a)  in the case of admonition-for a period of 2 years; or

   (b)  in any other case-for a period of 5 years, after the date of the
        taking of the action, at the expiration of which period the Chief
        Officer shall cause the record of that action to be destroyed.

"(4) Where an officer is promoted or transferred from one Department to
another Department, the appropriate officer of the Department from which the
officer is promoted or transferred shall transmit the official conduct record
of the officer to the appropriate officer of the Department to which the
officer is promoted or transferred and that record shall be maintained in
accordance with this regulation.

"(5) Notwithstanding sub-regulation (3), where-

   (a)  a record of action is entered under sub-regulation (1) in the official
        conduct record of an officer;

   (b)  a record of action that had previously been taken in relation to that
        officer is entered in that record; and

   (c)  the period of time for which the record of the action referred to in
        paragraph (b) is to be kept under sub-regulation (3) has not expired,
        the record of action referred to in paragraph (b) shall be kept until
        the record of action referred to in paragraph (a) is to be destroyed
        in accordance with sub-regulation (3).

"(6) Where, under Division 6 of Part III of the Act, an officer is dismissed
from the Service or reduced to a lower Division, office or salary, the
provisions of this regulation do not operate so as to require the expunging of
a reference to the dismissal or reduction from any record kept in relation to
the officer other than his official conduct record or so as to require the
destruction of any record other than his official conduct record.

"(7) Nothing in this regulation affects the taking, keeping or maintaining of
any record, other than an official conduct record, in relation to an officer,
under the provisions of the Act or these Regulations.

"(8) Where, before the commencement of this regulation, a record of a
punishment has been made in the official conduct record of an officer under
regulation 24 of the Public Service Regulations as in force immediately before
the commencement of this regulation, and where such a record has not been
destroyed, that record shall be deemed to have been made under this regulation
and the provisions of this regulation apply mutatis mutandis to that record as
if this regulation had been in operation when that record was so made.
Amendment of official conduct record

"159. Where an official conduct record is kept, in relation to an officer,
under regulation 158 and where, in relation to that officer-

   (a)  a conviction is regarded under section 63F of the Act as having been
        nullified; or

   (b)  the Public Service Board, after review, quashes a finding or takes
        action to mitigate the severity of action taken in respect of a
        charge, the Chief Officer shall cause the entry in that official
        conduct record in relation to that conviction or finding to be deleted
        or amended accordingly. Delegation

"160. (1) The Director may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to an officer or
employee holding, or performing the duties of, an office in a Department
referred to in sub-section 63E (3) of the Act or an office in the Office of
the Public Service Board any of his powers under this Part, other than this
power of delegation.

"(2) A power delegated in accordance with sub-regulation (1), when exercised
by the delegate, shall, for the purposes of these Regulations, be deemed to
have been exercised by the Director.

"(3) A delegation under this regulation does not prevent the exercise of a
power by the Director. "PART X-DISCIPLINE IN RELATION TO UNATTACHED OFFICERS
AND TEMPORARY
EMPLOYEES Interpretation

"161. In this Part, unless the contrary intention appears-
'authorized officer' means an officer authorized by a Chief Officer for the
purposes of sub-section 61 (2) of the Act;
'employee' means an employee to whom this Part applies by virtue of the
application of regulation 165;
'unattached officer' has the same meaning as in Subdivision D of Division 6 of
Part III of the Act.

Misconduct in relation to unattached officers

"162. (1) In this regulation, unless the contrary intention appears,
'misconduct' has the same meaning as in Subdivision D of Division 6 of Part
III of the Act.

"(2) For the purposes of sub-section 63K (1) of the Act, where there are
reasonable grounds for belief that an unattached officer may, before he became
an unattached officer, have committed misconduct, and where an authorized
officer decides that that unattached officer should be charged with misconduct
committed by him before he became an unattached officer, that authorized
officer may so charge that unattached officer in accordance with this
regulation.

"(3) For the purposes of sub-section 63L (1) of the Act, where there are
reasonable grounds for belief that an unattached officer may have committed
misconduct while he was an unattached officer, and where an authorized officer
decides that that unattached officer should be charged with that misconduct,
that authorized officer may so charge that unattached officer in accordance
with this regulation.

"(4) Where an authorized officer referred to in sub-regulation (2) or (3)
decides that an unattached officer should be charged in accordance with this
regulation, that authorized officer shall-

   (a)  by writing under his hand delivered to that unattached officer, charge
        that unattached officer with the misconduct referred to in
        sub-regulation (2) or (3) as the case requires; and

   (b)  upon request by the unattached officer so charged, furnish copies of
        the charge to either or both of the following, that is to say-

        (i)    to an organization specified by that unattached officer, being
               an organization within the meaning of the Conciliation and
               Arbitration Act 1904; or

        (ii)   to a person, specified by that unattached officer, being a
               person whom the unattached officer wishes to assist him in
               relation to the charge.



"(5) Where an authorized officer charges an unattached officer for the
purposes of section 63K or 63L of the Act, he shall furnish a copy of that
charge forthwith to the Board. Inquiries into charges against unattached
officers

"163. (1) For the purposes of sub-section 63K (2) or 63L (2), as the case
requires, of the Act, where an unattached officer is charged in accordance
with regulation 162, an inquiry shall, without undue delay, be held into the
charge-

   (a)  subject to paragraph (b), by a person selected by the Board from among
        the persons specified in a class of persons prescribed in regulation
        164 for the purposes of paragraph 63M (1) (b) of the Act; or

   (b)  if the person selected in accordance with paragraph (a) is, under
        sub-regulation (2), ineligible to hold an inquiry into the charge-by
        another person selected in accordance with that paragraph.



"(2) An inquiry into a charge shall not be held under sub-regulation (1)-

   (a)  by an officer who has furnished a report in respect of any of the
        matters alleged to constitute the misconduct to which the charge
        relates; or

   (b)  by the officer who laid the charge.



"(3) In an inquiry for the purposes of sub-regulation (1), a formal hearing is
not required, but the charged unattached 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 person 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 the
Act or these regulations.

"(4) Where, in relation to an inquiry under sub-regulation (1), a charged
unattached 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 person holding
the inquiry and, if he does so, a written record of his further statement
shall be made by that person.

"(5) An unattached officer who has been charged with misconduct under
regulation 162 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. Prescribed class of persons for
purposes of paragraph 63M (1) (b) of the Act

"164. For the purposes of paragraph 63M (1) (b) of the Act, all persons who
are Chief Officers within the meaning of the Act are a prescribed class of
persons. Employees to whom this Part applies

"165. (1) An employee referred to in section 63T of the Act, other than-

   (a)  an employee who is employed or engaged overseas to perform duties
        overseas; or

   (b)  subject to sub-regulation (2), an employee who-

        (i)    is employed or engaged to perform duties on the personal staff
               of a Minister or another member of the Parliament; or

        (ii)   is employed or engaged to perform duties on the personal staff
               of a Minister or another member of the Parliament and who,
               immediately before he was so employed or engaged by that
               Minister or member of the Parliament, was continuously employed
               or engaged by one or more Ministers or other members of the
               Parliament,
being an employee who was not, immediately before he was so employed or
engaged, employed in a Department, is an employee to whom this Part applies.

"(2) For the purposes of paragraph (1) (b) a person is deemed not to be
employed in a Department when that person is employed or engaged to perform
duties on the personal staff of a Minister or of another member of the
Parliament. Application of Division 6 of Part III of the Act and Parts IX and
X to employees

"166. For the purposes of section 63T of the Act, the provisions of
Subdivisions A, C and D of Division 6 of Part III of the Act, of section 63R
of the Act and of regulations 139 to 146 (inclusive) and 148 to 164
(inclusive) apply, subject to the modifications and adaptations specified in
regulations 167 and 168, to and in relation to an employee to whom this Part
applies as if, unless the contrary intention appears, a reference in those
provisions-

   (a)  to employment included a reference to engagement under the Act;

   (b)  to the Service included a reference to the Department in which that
        employee is employed under section 82 of the Act;

   (c)  to an officer included a reference to such an employee;

   (d)  to an unattached officer within the meaning of Subdivision D of
        Division 6 of Part III of the Act were a reference to an employee to
        whom this Part applies and who is employed or engaged to perform
        duties on the personal staff of a Minister or of another member of
        Parliament; and

   (e)  to an office included a reference to employment or engagement under
        the Act.

Modification and adaptation of certain provisions of the Act

"167. The provisions of the Act specified in regulation 166 are modified and
adapted for the purposes of section 63T of the Act and that regulation as
follows:

   (a)  section 55-

        (i)    by omitting 'the Service' from paragraph (a) of the definition
               of 'Chief Officer' in sub-section (1) and substituting 'his
               employment';

        (ii)   by adding 'or' at the end of paragraph (a) of the definition of
               'Chief Officer' in sub-section (1);

        (iii)  by omitting paragraph (b) of the definition of 'Chief Officer'
               in sub-section (1);

        (iv)   by omitting from sub-section (1) the definition of 'original
               office' and substituting the following definition:

        ' "original office" means, in the case of a person-
   (a)  who has been dismissed from his employment under section 63A, 63D or
        63N; or

   (b)  who has been transferred to other duties under section 62, 63, 63A or
        63D,
the duties performed by him immediately before his dismissal or transfer, as
the case may be;';

        (v)    by omitting sub-section (2);

        (vi)   by inserting in sub-section (3) 'or by perfoming duties as an
               employee in a Department' after 'a Department'; and

        (vii)  by omitting sub-section (4);

   (b)  section 56-by omitting from paragraph (g) 'appointment to the Service'
        and substituting 'employment under this Act';

   (c)  the heading to Subdivision C of Division 6 of Part III-by omitting
        'included in the Second, Third or Fourth Division';

   (d)  section 61-by omitting from sub-sections (1) and (2) 'included in the
        Second, Third or Fourth Division';

   (e)  section 62-

        (i)    by omitting from sub-paragraph (iii) of paragraph (a) of
               sub-section (6) 'occupies an office' and substituting 'performs
               duties';

        (ii)   by omitting from sub-paragraph (iv) of paragraph (a) of
               sub-section (6) all the words after 'to' and substituting
               'other duties for which he is qualified (whether at the same or
               a different locality);';

        (iii)  by omitting from sub-paragraph (v) of paragraph (a) of
               sub-section (6) all the words and figures after 'officer' and
               substituting 'to other duties for which he is qualified
               (whether at the same or a different locality) and causing a
               sum, not exceeding $40, to be deducted from his salary;';

        (iv)   by omitting from sub-paragraph (vi) of paragraph (a) of
               sub-section (6) 'occupies an office' and substituting 'performs
               duties';

        (v)    by omitting from sub-paragraph (vi) of paragraph (a) of
               sub-section (6) 'to a specified office in the same Division
               (whether at the same or a different locality), being an office
               for which he is qualified and which has the same classification
               as the classification of the office held by him' and
               substituting 'to other duties for which he is qualified
               (whether at the same or a different locality)';

        (vi)   by omitting from sub-paragraph (vii) of paragraph (a) of
               sub-section (6) all the words after 'officer' and substituting
               'to other duties for which he is qualified (whether at the same
               or a different locality) and the salary or the salary range
               applicable to which is lower than his salary immediately before
               the inquiry;';

        (vii)  by omitting from paragraph (b) of sub-section (6) 'the Service'
               and substituting 'his employment'; and

        (viii) by omitting sub-section (7);

   (f)  section 63-

        (i)    by omitting from paragraph (a) of sub-section (1) 'included in
               the Second, Third or Fourth Division';

        (ii)   by omitting paragraph (c) of sub-section (1) and substituting
               the following paragraph:

'(c) direct that there be taken, in the case of an employee, action by way of
transferring him to other duties for which he is qualified (whether at the
same or a different locality) and the salary or salary range applicable to
which is the same as or lower than that applicable to the duties of the
employee immediately before the Chief Officer so directs; or';

        (iii)  by omitting from paragraph (d) of sub-section (1) 'the Service'
               and substituting 'his employment';

        (iv)   by omitting sub-section (2); and

        (v)    by inserting in sub-section (6) ', Chief Officer' after
               'Permanent Head';

   (g)  section 63A-

        (i)    by omitting 'the Service' (first occurring) and substituting
               'his employment'; and

        (ii)   by omitting from sub-paragraph (ii) of paragraph (c) and from
               sub-paragraph (ii) of paragraph (d) 'the Service' and
               substituting 'his employment';

   (h)  section 63B-

        (i)    by omitting from paragraphs (a) and (b) of sub-section (1)
               'included in the Second, Third or Fourth Division' (wherever
               occurring); and

        (ii)   by omitting from paragraph (a) of sub-section (3) '62 (2)' and
               substituting '61 (2)';

   (i)  section 63C-

        (i)    by omitting from sub-section (7) 'outside the Service';

        (ii)   by omitting from sub-section (8) 'outside the Service';

        (iii)  by omitting from sub-section (10) 'the Service' and
               substituting 'his employment';

        (iv)   by omitting from sub-section (11) 'the Service' and
               substituting 'his employment'; and

        (v)    by omitting from sub-section (12) 'the Service' and
               substituting 'his employment';

   (j)  section 63D-

   (a)  by omitting from sub-section (5) 'the Service' and substituting 'his
        employment'; and

   (b)  by omitting from paragraph (c) of sub-section (6) 'another office' and
        substituting 'other duties';

   (k)  section 63E-

        (i)    by omitting from paragraph (a) of sub-section (3) 'the Service'
               and substituting 'his employment';

        (ii)   by omitting from paragraph (c) of sub-section (3) 'the Service'
               and substituting 'his employment'; and

        (iii)  by omitting from sub-section (10) ', 63F or 66B' and
               substituting 'or 63F';

(1) section 63F-

        (i)    by omitting from sub-section (2) 'the Service' (first
               occurring) and substituting 'his employment';

        (ii)   by omitting from sub-section (2) 're-appointment to the
               Service' and substituting 're-employment or re-engagement';

        (iii)  by omitting from sub-section (3) 'another office' and
               substituting 'other duties';

        (iv)   by omitting from paragraph (a) of sub-section (4) 'the Service'
               and substituting 'his employment';

        (v)    by omitting from paragraph (b) of sub-section (4) 're-appointed
               to the Service' and substituting 're-employed or re-engaged
               under the Act';

        (vi)   by omitting from paragraph (a) of sub-section (6) 're-appointed
               to the service, or transferred or promoted to' and substituting
               're-employed or re-engaged under the Act or transferred';

        (vii)  by omitting from paragraph (a) of sub-section (6) 'so
               re-appointed, transferred or promoted' and substituting 'so
               re-employed, re-engaged or transferred';

        (viii) by omitting from paragraph (b) of sub-section (8) 're-appointed
               to the service, or be transferred or promoted' and substituting
               're-employed or re-engaged under the Act or be transferred';

        (ix)   by omitting from sub-paragraph (1), (ii) and (iii) of paragraph
               (a) of sub-section (9) 'appoint the applicant to the Service'
               and substituting 'employ or engage the applicant';

        (x)    by omitting from sub-paragraph (i) of paragraph (a) of
               sub-section (9) 'another office' and substituting 'elsewhere';

        (xi)   by omitting from sub-paragraph (iii) or paragraph (a) of
               sub-section (9) 'another office' and substituting 'elsewhere';

        (xii)  by inserting in sub-section (10) 'or re-engaged or re-employed'
               after 'Service' (first occurring);

        (xiii) by inserting in sub-section (10) 'or re-engage or re-employ
               that person' after 'Service' (second occurring);

        (xiv)  by omitting from sub-section (11) 'the Service, is re-appointed
               to the Service' and substituting 'his employment, is
               re-employed or re-engaged';

        (xv)   by omitting from sub-section (11) 'so re-appointed' and 'in the
               Service' and substituting 'so re-employed or re-engaged' and
               'in that employment' respectively; and

        (xvi)  by omitting from sub-section (12) all the words after 'means'
               and substituting 'employment the duties of which were
               per-formed by that person or officer, equivalent employment,
               or, if such employment is not available, employment determined
               by the Board to be as nearly as possible equivalent to the
               duties in which that person or officer was originally employed
               or engaged';

   (m)  section 63G-

        (i)    by omitting from sub-paragraph (iii) or paragraph (a) of
               sub-section (1) 'another office' and substituting 'other
               duties';

        (ii)   by omitting from sub-paragraph (iv) of paragraph (a) of
               sub-section (1) 'the Service' and substituting 'his
               employment';

        (iii)  by omitting from paragraph (b) of sub-section (1) 'the Service'
               and substituting 'his employment';

        (iv)   by omitting from paragraph (a) of sub-section (7) 'the Service'
               (first occurring) and substituting 'his employment';

        (v)    by omitting sub-paragraph (i) of paragraph (a) of sub-section
               (7) and substituting the following sub-paragraph:

'(i) re-employ or re-engage the person in an appropriate office within the
meaning of sub-section 63F (12);';

        (vi)   by omitting paragraph (b) of sub-section (7) and substituting
               the following paragraph:

'(b) in relation to a person who had been transferred-direct that he be
transferred to an appropriate office within the meaning of sub-section 63F
(12).';

        (vii)  by omitting from sub-section (9) 'the Service, is re-appointed
               to the Service' and substituting 'his employment, is
               re-employed or re-engaged'; and

        (viii) by omitting from sub-section (9) 'so re-appointed' and 'in the
               Service' and substituting 'so re-employed or re-engaged' and
               'in that employment' respectively;

   (n)  section 63J-by omitting the definition of 'unattached officer' in
        sub-section (1);

   (o)  section 63K-by omitting from sub-section (3) 'the Service' and
        substituting 'his employment';

   (p)  section 63L-by omitting from sub-section (3) 'the Service' (last
        occurring) and substituting 'his employment';

   (q)  section 63M-

        (i)    by omitting from sub-section (1) 'the Service' (last occurring)
               and substituting 'his employment'; and

        (ii)   by omitting from sub-section (2) 'the Service' and substituting
               'his employment'; and

   (r)  section 63N-by omitting 'the Service' (wherever occurring) and
        substituting 'his employment or engagement'.

Modification and adaptation of regulations 139 to 164

"168. The provisions of the regulations specified in regulation 166 are
modified and adapted for the purposes of that regulation as follows:

   (a)  regulation 139-

        (i)    by omitting 'the Service' from paragraph (a) of the definition
               of 'Chief Officer' in sub-regulation (1) and substituting 'his
               employment';

        (ii)   by omitting 'last held office' from paragraph (d) of the
               definition of 'Chief Officer' in sub-regulation (1) and
               substituting 'was last employed or engaged'; and

        (iii)  by omitting from paragraph (e) of that definition 'in the
               Service';

   (b)  regulation 148-by omitting from sub-regulation (4) 'the Service' and
        substituting 'his employment'; and

   (c)  regulation 158-by omitting from sub-regulation (6) 'the Service' and
        substituting 'his employment'.".