Commonwealth Numbered Regulations

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.".