MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) 1986 NO. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) 1986 NO. 3 - TABLE OF PROVISIONS 1. Commencement 2. Principal Regulations 3. Interpretation 4. Membership of Promotion Appeal Committees 5. Inquiries by Promotion Appeal Committees 6. Appropriate organisation for the purposes of paragraph 10 (1) (c) of the Act 7. Appropriate organization for the purposes of paragraph 28 (1) (c) of the Act 8. Appropriate organization for the purposes of paragraph 33 (c) of the Act 9. Interpretation of Part IV 10. Officers' representative on Disciplinary Appeal Committees 11. 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 1 Commencement 1. These Regulations shall come into operation on 1 February 1986. 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 2 Principal Regulations 2. In these Regulations, "Principal Regulations" means the Merit Protection (Australian Government Employees) Regulations. 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 3 Interpretation 3. Regulation 3 of the Principal Regulations is amended - (a) by omitting the definition of "organisation" and substituting the following definitions: "'Conciliation and Arbitration Act' means the Conciliation and Arbitration Act 1904; 'Public Service Act' means the Public Service Act 1922; 'Redeployment and Retirement Act' means the Commonwealth Employment (Redeployment and Retirement) Act 1979; 'Redeployment and Retirement Regulations' means the Commonwealth Employees (Redeployment and Retirement) Regulations; and (b) by omitting "Public Service Act 1922" from the definition of "relevant Secretary" and substituting "Public Service Act". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 4 Membership of Promotion Appeal Committees 4. Regulation 4 of the Principal Regulations is amended by omitting from paragraph (2) (a) "Public Service Act 1922" and substituting "Public Service Act". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 5 Inquiries by Promotion Appeal Committees 5. Regulation 5 of the Principal Regulations is amended by omitting from paragraph (a) "Public Service Act 1922" and substituting "Public Service Act". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 6 Appropriate organisation for the purposes of paragraph 10 (1) (c) of the Act 6. Regulation 7 of the Principal Regulations is amended - (a) by inserting in sub-regulation (1) "that is registered under the Conciliation and Arbitration Act" after "organisation" (second occurring); and (b) by inserting in sub-regulation (2) "that is registered under the Conciliation and Arbitration Act" after "organisation" (last occurring). 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 7 Appropriate organization for the purposes of paragraph 28 (1) (c) of the Act 7. Regulation 8 of the Principal Regulations is amended - (a) by omitting from sub-regulation (1) "Conciliation and Arbitration Act 1904" and substituting "Conciliation and Arbitration Act"; (b) by omitting from sub-regulation (1) "Public Service Act 1922" (wherever occurring) and substituting "Public Service Act"; and (c) by adding at the end the following sub-regulation: "(3) Where an applicant referred to in paragraph (1) (b) is eligible for membership of more than one organization referred to in that paragraph, the appropriate organization is the organization having among its members the larger or largest number of officers engaged in the kind of employment in which the applicant is, or might on re-appointment to the Service become, engaged.". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 8 Appropriate organization for the purposes of paragraph 33 (c) of the Act 8. Regulation 9 of the Principal Regulations is amended by omitting from sub-regulation (1) "Conciliation and Arbitration Act 1904" and substituting "Conciliation and Arbitration Act". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 9 Interpretation of Part IV 9. Regulation 10 of the Principal Regulations is amended by omitting from sub-regulation (2) the definition of "Public Service Act". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 10 Officers' representative on Disciplinary Appeal Committees 10. Regulation 11 of the Principal Regulations is amended by omitting from sub-regulation (1) "Conciliation and Arbitration Act 1904" (wherever occurring) and substituting "Conciliation and Arbitration Act". 1986 No. 3 MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT) - REG 11 11. The Principal Regulations are amended by adding at the end the following Parts: "PART V - REDEPLOYMENT AND RETIREMENT APPEAL COMMITTEES "Division 1 - Preliminary Interpretation of Part V "25. In this Part, unless the contrary intention appears - 'prescribed Commonwealth authority' means an authority or other body referred to in regulation 2A of the Redeployment and Retirement Regulations; 'Redeployment and Retirement Appeal Committee' means a Redeployment and Retirement Appeal Committee established in accordance with Subdivision D of Division 2 of Part II of the Act. "Division 2 - Appeals by employees Interpretation of Division 2 "26. (1) In this Division, unless the contrary intention appears, a reference to an appeal shall be read as a reference to - (a) an appeal by an employee to a Redeployment and Retirement Appeal Committee against the making of a redeployment declaration under section 9 of the Redeployment and Retirement Act in respect of the employee; (b) an appeal by an employee to a Redeployment and Retirement Appeal Committee against action taken under the Redeployment and Retirement Act by way of redeployment of the employee in the Australian Public Service or in the employment of a prescribed Commonwealth authority; (c) an appeal by an employee to a Redeployment and Retirement Appeal Committee against the issue of a certificate under section 11 of the Redeployment and Retirement Act in respect of the employee; or (d) an appeal by an employee to a Redeployment and Retirement Appeal Committee against the issue of a certificate under section 14 of the Redeployment and Retirement Act in respect of the employee, as the case requires. "(2) In this Division, unless the contrary intention appears, a reference to the appropriate authority shall be read as - (a) in relation to an appeal against the making of a redeployment declaration by a Secretary under section 9 of the Redeployment and Retirement Act - a reference to that Secretary; (b) in relation to an appeal against the making of a redeployment declaration by a prescribed Commonwealth authority under section 9 of the Redeployment and Retirement Act - a reference to that prescribed Commonwealth authority; and (c) in any other case - a reference to the Public Service Board. Management representative on Committee "27. Where the appropriate authority receives a copy of an appeal from the Agency, that authority shall nominate, for the purposes of paragraph 23 (1) (b) of the Act, a person to represent - (a) in the case of an appeal against the making of a redeployment declaration - the Department or prescribed Commonwealth authority concerned; or (b) in any other case - the Public Service Board, for the purpose of the appeal, and shall inform the Agency of the name and address of the person so nominated. Referral of appeals to Committee "28. Where the Agency receives an appeal under sub-regulation 5 (1) of the Redeployment and Retirement Regulations or a Chairman agrees under sub-regulation 5 (6) of those Regulations that a Redeployment and Retirement Appeal Committee hear and determine an appeal, the Agency shall, as soon as practicable, refer that appeal to a Chairman of such a Committee and inform that Chairman of the name and address of the person nominated by the appropriate authority for the purposes of paragraph 23 (1) (b) of the Act. Employees' representative on Committee "29. (1) In this regulation, 'prescribed organizations' means the organizations referred to in regulation 2 of the Commonwealth Employees (Redeployment and Retirement) (Prescribed Organizations) Regulations. "(2) Where the Agency receives an appeal under sub-regulation 5 (1) of the Redeployment and Retirement Regulations or a Chairman agrees under sub-regulation 5 (6) of those Regulations that a Redeployment and Retirement Appeal Committee hear and determine an appeal, the Agency shall inform the prescribed organizations of - (a) the fact that the appeal has been made; (b) the nature of the appeal and the reason for the making of the redeployment declaration, the issue of the certificate or the action taken, as the case may be, to which the appeal relates; (c) the name of the appellant; (d) the class of employees to which the appellant belongs; and (e) the name of the Department in which, or the prescribed Commonwealth authority by which, the appellant is employed, and the Agency shall request that those organizations nominate a person for the purposes of paragraph 23 (1) (c) of the Act for the purpose of the appeal. "(3) The person to represent employees as a member of a Redeployment and Retirement Appeal Committee for the purpose of an appeal shall be a person nominated jointly by the prescribed organizations and may be a person so nominated in respect of that appeal or a person so nominated as a person to represent employees, or employees included in a particular class of employees, in appeals generally or in appeals included in a particular class of appeals. "(4) Where the prescribed organizations receive a request under sub-regulation (2), those organizations shall nominate a person for the purposes of paragraph 23 (1) (c) of the Act and shall inform the Agency of the name and address of the person so nominated. "(5) Upon being informed of the name of the person nominated for the purposes of paragraph 23 (1) (c) of the Act for the purpose of an appeal, the Agency shall notify the Chairman of the Committee concerned accordingly. Date of hearing "30. (1) Subject to sub-regulation (2), as soon as practicable after an appeal has been referred to a Chairman under regulation 28, he or she shall fix the date on which and the time and place at which the Redeployment and Retirement Appeal Committee will hear the appeal, and shall forthwith notify the appellant, any other party to the appeal and the persons nominated for the purposes of paragraphs 23 (1) (b) and (c) of the Act, of that date, time and place. "(2) A Chairman shall not fix a date under sub-regulation (1) that is less than 7 days after - (a) the expiration of the period within which the appeal may, in accordance with regulation 5 of the Redeployment and Retirement Regulations, be made; or (b) the date on which copies of the statements and documents referred to in sub-regulation 31 (4) are furnished to the appellant, whichever is the later. Document and statements relating to appeals "31. (1) The appropriate authority shall, as soon as practicable after receiving a copy of an appeal from the Agency, furnish the Agency with 5 copies of each of the documents referred to in sub-regulation 5 (2) of the Redeployment and Retirement Regulations that have been furnished to the appellant. "(2) The appropriate authority may furnish the Agency with a supplementary statement setting out information in relation to the issues raised by the appellant and the facts and circumstances in relation to those issues that were not set out in the statement referred to in paragraph 5 (2) (d) of the Redeployment and Retirement Regulations. "(3) Subject to regulation 32, a copy of the supplementary statement referred to in sub-regulation (2) shall be furnished to the appellant by the appropriate authority as soon as practicable after the statement has been furnished to the Agency. "(4) Subject to regulation 32, the Agency shall, as soon as practicable after the appropriate authority has furnished it with the copies of the documents referred to in sub-regulation (1) and with any supplementary statement referred to in sub-regulation (2), furnish the appellant, the Chairman and every other member of the relevant Redeployment and Retirement Appeal Committee with a copy of each of those statements and documents and with a copy of the appeal. Non-disclosure of certain information "32. (1) Where - (a) a statement or supplementary statement prepared by an appropriate authority for the purposes of paragraph 5 (2) (d) of the Redeployment and Retirement Regulations or for the purposes of sub-regulation 31 (2) contains information of a medical or psychiatric nature concerning the appellant; and (b) it appears to that appropriate authority that the disclosure of the information to the appellant might be prejudicial to the physical or mental health or well-being of the appellant, it may, with the approval of the Agency, exclude that information from the copy of the statement or supplementary statement furnished to the appellant under sub-regulation 5 (3) of the Redeployment and Retirement Regulations or under sub-regulation 31 (3) or (4) and give that information instead to a medical practitioner nominated for that purpose by the appellant. "(2) Where information is excluded under sub-regulation (1) from a copy of a statement or supplementary statement furnished to an appellant, the appropriate authority shall, in a separate document accompanying that copy, indicate - (a) the nature of the information so excluded; (b) the manner in which that information may be made available to the appellant; and (c) that, where the appellant is not satisfied with the manner in which he or she may obtain the information, the appellant may apply to the Agency for the provision of that information. "(3) Where information is excluded under sub-regulation (1) from a copy of a statement or supplementary statement furnished to an appellant, the appropriate authority shall, in a separate document accompanying the copies of the statements or supplementary statements furnished to the Agency under regulation 31, indicate the information that has been so excluded. "(4) Where an appellant is not satisfied with the manner in which he or she may obtain information excluded from a copy of a statement or supplementary statement in accordance with sub-regulation (1), the appellant may apply to the Agency for the provision of that information. "(5) Where the Agency receives an application under sub-regulation (4) for the provision of information referred to in that sub-regulation, it shall refer the information to a Commonwealth Medical Officer together with all other relevant information for advice as to whether or not disclosure of the information to the appellant would be, or would be likely to be, prejudicial to the physical or mental health or well-being of the appellant. "(6) Where the Commonwealth Medical Officer to whom information is referred under sub-regulation (5) advises the Agency that provision of that information or part of that information to the appellant would be, or would be likely to be, prejudicial to the physical or mental health or wellbeing of the appellant, the Agency shall not provide that information or that part of that information to the appellant. "(7) Where information is withheld from an appellant by virtue of the application of this regulation, the relevant Redeployment and Retirement Appeal Committee shall be so informed and may, notwithstanding any other provision of this regulation, release that information or part of that information to that appellant in such manner and subject to such conditions or limitations as it considers appropriate in the circumstances. "Division 3 - Appeals by Senior Executive Service officers Interpretation of Division 3 "33. (1) In this Division, unless the contrary intention appears, 'officer' means a Senior Executive Service officer. "(2) In this Division, unless the contrary intention appears, a reference to an appeal shall be read as a reference to - (a) an appeal by an officer against a declaration under sub-section 76K (1) of the Public Service Act that the officer is eligible for redeployment; or (b) an appeal by an officer against the giving of notice to the officer under sub-section 76L (3) of that Act in respect of the transfer or retirement of the officer, as the case requires. Nomination of management representative on Committee "34. Where the Public Service Board receives a copy of an appeal from the Agency under sub-regulation 12B (5) of the Redeployment and Retirement Regulations, the Board shall nominate, for the purposes of paragraph 23 (2) (b) of the Act, a person to represent the Board for the purpose of the appeal and shall inform the Agency of the name and address of the person so nominated. Referral of appeals to the Committee "35. Where the Agency receives an appeal under regulation 12B of the Redeployment and Retirement Regulations, the Agency shall, as soon as practicable, refer that appeal to a Chairman of a Redeployment and Retirement Appeal Committee and inform that Chairman of the name and address of the person nominated by the Public Service Board for the purposes of paragraph 23 (2) (b) of the Act. Nomination of officers' representative on Committee "36. (1) In this regulation, 'prescribed organizations' means the organizations referred to in regulation 2 of the Commonwealth Employees (Redeployment and Retirement) (Prescribed Organizations) Regulations. "(2) Where the Agency receives an appeal under regulation 12B of the Redeployment and Retirement Regulations, the Agency shall inform the prescribed organizations of - (a) the fact that the appeal has been made; (b) the nature of the appeal and the reasons for the making of the declaration or the giving of the notice, as the case may be, to which the appeal relates; (c) the name and classification of the appellant; and (d) the name of the Department in which the officer is employed, and the Agency shall request that those organizations nominate a person for the purposes of paragraph 23 (2) (c) of the Act for the purpose of the appeal. "(3) The person to represent officers as a member of a Redeployment and Retirement Appeal Committee for the purpose of an appeal shall be a person nominated jointly by the prescribed organizations and may be a person so nominated in respect of that appeal or a person so nominated as a person to represent officers in appeals generally or in appeals included in a particular class of appeals. "(4) Where the prescribed organizations receive a request under sub-regulation (2), those organizations shall nominate a person for the purposes of paragraph 23 (2) (c) of the Act for the purpose of an appeal and shall inform the Director of the name and address of the person so nominated. "(5) Upon being informed of the name of the person nominated in accordance with sub-regulation (4), the Agency shall notify the Chairman of the Redeployment and Retirement Appeal Committee concerned accordingly. Date of hearing of appeal "37. (1) Subject to this regulation, as soon as practicable after an appeal has been referred to a Chairman under regulation 35, the Chairman shall fix the date on which, and the time and place at which, the Redeployment and Retirement Appeal Committee will hear the appeal, and shall forthwith notify the appellant and the persons nominated for the purposes of paragraphs 23 (2) (b) and (c) of the Act of that date, time and place. "(2) A Chairman shall not fix under sub-regulation (1) a date that is less than 7 days after the date of expiration of the period prescribed in the Public Service Regulations for the purposes of sub-section 76M (1) or (3) of the Public Service Act, as the case requires. "(3) Where a copy of a supplementary statement is furnished to an appellant under sub-regulation 38 (3) after the date of expiration of the period referred to in sub-regulation (2), a Chairman shall not fix under sub-regulation (1) a date that is less than 7 days after the date on which a copy of that supplementary statement is so furnished. Documents relating to appeals "38. (1) The Public Service Board shall, as soon as practicable after receiving a copy of an appeal from the Agency, furnish the Agency with 5 copies of - (a) the notice given to the appellant under sub-section 76K (2) or 76L (3) of the Public Service Act, as the case may be; and (b) the statement referred to in sub-regulation 12B (4) of the Redeployment and Retirement Regulations. "(2) The Public Service Board may furnish the Agency with a supplementary statement setting out information in relation to the issues raised by the appellant and the facts and circumstances in relation to those issues that were not set out in the statement referred to in sub-regulation 12B (4) of the Redeployment and Retirement Regulations. "(3) Subject to regulation 39, a copy of the supplementary statement referred to in sub-regulation (2) shall be furnished to the appellant by the Public Service Board as soon as practicable after the statement has been furnished to the Agency. "(4) Subject to regulation 39, the Agency shall, as soon as practicable after the Public Service Board has furnished the Agency with the copies of the notice and statement referred to in sub-regulation (1) and with any supplementary statement referred to in sub-regulation (2), furnish the Chairman and each other member of the relevant Redeployment and Retirement Appeal Committee with a copy of that notice and of each of those statements and with a copy of the appeal. Non-disclosure of information of a medical or psychiatric nature "39. (1) Where - (a) a statement or supplementary statement prepared by the Public Service Board for the purposes of sub-regulation 12B (4) of the Redeployment and Retirement Regulations or sub-regulation 38 (2), as the case may be, contains information of a medical or psychiatric nature concerning the appellant; and (b) it appears to the Board that the disclosure of that information to the appellant might be prejudicial to the physical or mental health, or well-being of the appellant, the Board may, with the approval of the Agency, exclude that information from the statement or the copy of the supplementary statement required to be furnished to the appellant under sub-regulation 12B (4) of the Redeployment and Retirement Regulations or under sub-regulation 38 (3), as the case requires, and give that information instead to a medical practitioner nominated for that purpose by the appellant. "(2) Where information is excluded under sub-regulation (1) from a statement or a copy of a supplementary statement furnished to an appellant, the Public Service Board shall, in a separate document accompanying that statement or that copy, indicate - (a) the nature of the information so excluded; (b) the manner in which that information may be made available to the appellant; and (c) that, where the appellant is not satisfied with the manner in which the information may be obtained, the appellant may apply to the Agency for the provision of that information. "(3) Where information is excluded under sub-regulation (1) from a statement or a copy of a supplementary statement furnished to an appellant, the Public Service Board shall, in a separate document accompanying the documents furnished to the Agency under regulation 38, indicate the information that has been so excluded. "(4) Where an appellant is not satisfied with the manner in which he or she may obtain information excluded in accordance with sub-regulation (1) from a statement or a copy of a supplementary statement, the appellant may apply to the Agency for the provision of that information. "(5) Where the Agency receives an application under sub-regulation (4) for the provision of information referred to in that sub-regulation, the Agency shall refer that information to a Commonwealth Medical Officer together with all other relevant information for advice as to whether or not disclosure to the appellant of the information excluded in accordance with sub-regulation (1) would be, or would be likely to be, prejudicial to the physical or mental health, or well-being, of the appellant. "(6) Where the Commonwealth Medical Officer to whom information is referred under sub-regulation (5) advises the Agency that provision of that information or part of that information to the appellant would be, or would be likely to be, prejudicial to the physical or mental health, or wellbeing, of the appellant, the Agency shall not provide that information or that part of that information to the appellant. "(7) Where information is withheld from an appellant by virtue of the application of this regulation, the relevant Redeployment and Retirement Appeal Committee shall be so informed and may, notwithstanding any other provision of this regulation, release that information or part of that information to that appellant in such manner and subject to such conditions or limitations as it considers appropriate in the circumstances. "Division 4 - Proceedings before Redeployment and Retirement Appeal Committee Interpretation of Division 4 "40. In this Division, unless the contrary intention appears, a reference to an appeal shall be read as a reference to an appeal referred to in paragraph 26 (1) (a), (b), (c) or (d) or 33 (2) (a) or (b). Appointment of person to hear evidence "41. (1) Where a Redeployment and Retirement Appeal Committee considers that it is impracticable for any evidence in an appeal to be taken by the Committee it may appoint a person, whether a member of the Committee or not, to take that evidence. "(2) A person appointed under sub-regulation (1) may, for the purpose of taking evidence in an appeal, administer an oath or affirmation. "(3) Where a person appointed under sub-regulation (1) takes evidence in an appeal, the person shall transmit that evidence to the Committee concerned. "(4) Evidence in an appeal taken by a person appointed under subregulation (1) shall, for the purpose of the hearing and determination of that appeal, be deemed to have been taken by the Committee. Powers of Chairman "42. For the purposes of the hearing of an appeal, the Chairman of a Redeployment and Retirement Appeal Committee may, by writing, summon a person to attend before the Committee or before a person appointed under sub-regulation 41 (1) to give evidence and to produce such documents (if any) as are referred to in the summons. Consolidation of appeals "43. Where 2 or more appeals have been made, being appeals by employees in respect of whom redeployment declarations have been made by reason that they are included in a class of employees employed in a Department or by a prescribed Commonwealth authority which comprises a greater number of employees than is necessary for the efficient and economical working of the Department or authority, the Redeployment and Retirement Appeal Committee may, where it is of the opinion that the consolidation of the appeals would expedite the hearing and determination of those appeals, and where the Committee is of the opinion that consolidation of those appeals will not prejudice any party to one or more of those appeals, consolidate those appeals and hear those appeals together. Notification of joinder of appeals "44. Where 2 or more appeals are consolidated under regulation 43, or where employees are joined as parties to an appeal under sub-section 15 (5) of the Redeployment and Retirement Act, the Redeployment and Retirement Appeal Committee shall cause those employees, all other parties to that appeal and the Agency to be notified in writing of that fact forthwith. Representation of parties "45. A person who is a party to an appeal before a Redeployment and Retirement Appeal Committee may be represented at that appeal by an official of an organization within the meaning of the Conciliation and Arbitration Act or, with the approval of the Committee, by some other person. Protection of members of Committee, witnesses &c. "46. (1) No action or proceeding, civil or criminal, lies against a person who is a Chairman or other member of a Redeployment and Retirement Appeal Committee for or in respect of any act or thing done in good faith by the person in his or her capacity as such a Chairman or member. "(2) Subject to these Regulations - (a) a person summoned to attend or appearing before a Redeployment and Retirement Appeal Committee to give evidence at an appeal; or (b) an official or other person representing a party at the hearing of an appeal before such a Committee, has the same protection, and is subject to the same liabilities, in any civil or criminal proceedings, as a witness in proceedings in the High Court. Rights of parties to proceedings "47. Where 2 or more appeals are consolidated under regulation 43 or where employees are joined as parties to an appeal under sub-section 15 (5) of the Redeployment and Retirement Act for the purpose of the appeal - (a) each party, other than the appropriate authority, shall have the rights of an appellant; (b) the Agency shall have the same duties and responsibilities in respect of each party to the appeal; and (c) the Redeployment and Retirement Appeal Committee that is to hear the appeal shall inform each party of the name of each other party to the appeal. Impartiality of Committee "48. A Chairman or other member of a Redeployment and Retirement Appeal Committee - (a) shall not take part in the hearing or determination of an appeal where he or she has or has had personal involvement in a matter to be considered in that appeal; and (b) shall not be subject to the direction of any other person in respect of any act or thing done in his or her capacity as Chairman or other member of that Committee. Decision of Committee "49. Where a Redeployment and Retirement Appeal Committee determines an appeal, it shall forthwith cause all parties to the appeal and the Agency to be notified in writing of its decision on the appeal and of the reasons for that decision. "PART VI - MISCELLANEOUS Delegation "50. (1) The Agency may, by writing, delegate, either generally or as otherwise provided by the instrument of delegation, to - (a) an officer or employee within the meaning of the Public Service Act; or (b) a person appointed to, or to act in, an office, under a law of the Commonwealth, by the Governor-General or a Minister, all or any of its powers and functions under these Regulations other than this power of delegation. "(2) A power or function delegated under sub-regulation (1), when exercised or performed by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Agency. "(3) A delegation under this regulation does not prevent the exercise of a power or the performance of a function by the Agency. Delegation by Public Service Board or Secretary "51. (1) The Public Service Board may, by writing, delegate, either generally or as otherwise provided by the instrument of delegation, to - (a) an officer or employee within the meaning of the Public Service Act; or (b) a person who holds, or is acting in, an office or appointment under an Act other than the Public Service Act or under an Ordinance of a Territory, all or any of its powers and functions under these Regulations, other than this power of delegation. "(2) A Secretary may be writing, delegate, either generally or as otherwise provided by the instrument of delegation, to - (a) an officer or employee within the meaning of the Public Service Act; or (b) a person who holds, or is acting in, an office or appointment under an Act other than the Public Service Act or under an Ordinance of a Territory, or an office of member of the Public Service Board, all or any of the Secretary's powers and functions under these Regulations, other than this power of delegation. "(3) A power or function delegated under sub-regulation (1) or (2), when exercised or performed by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Public Service Board or by the Secretary, as the case may be. "(4) A delegation given by a person or body under this regulation does not prevent the exercise of a power or the performance of a function by that person or body.". - NOTES 1986 No. 3*1* MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 31 January 1986. *2*Statutory Rules 1985 No. 176 as amended by 1985 No. 380.