Australian Federal Police Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 31 October 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
M. J. Young
Special Minister of State
–––––––
(a) by omitting the definitions of “Board” and “Chairman” and substituting the following definition:
“ ‘Board’ means the Appeals Board established under regulation 14a;”;
(b) by omitting the definition of “Deputy Chairman” and substituting the following definition:
“ ‘Deputy President’ means a Deputy President of the Board;”; and
(S.R. 148/85)—Cat. No. ––Recommended retail price $1.50 10/5.6.1985
(c) by inserting after the definition of “
Police Gazette ”the following definition:“ ‘President’ means the President of the Board;”.
(a) by inserting in sub-regulation (1) “a position within” after “hold”;
(b) by omitting from paragraph (1) (e) “and” (last occurring);
(c) by adding at the end of sub-regulation (1) the following word and paragraph:
“; and (g) possesses the skills and experience specified in the selection criteria in relation to the position as being the skills and experience required for the proper performance of the duties of the position.”;
(d) by inserting in sub-regulation (2) “a position within” after “hold”;
(e) by omitting from paragraph (2) (e) “and” (last occurring);
(f) by inserting after paragraph (2) (e) the following paragraph:
“(ea) where the relevant rank is the rank of Senior Sergeant and the person does not hold the rank of Sergeant—has been certified by a medical practitioner approved by the Commissioner to be in good health and of sound constitution and to be a person who meets the standards of physical and mental health determined from time to time by the Commissioner in relation to persons holding the rank of Sergeant;”; and
(g) by adding at the end of sub-regulation (2) the following word and paragraph:
“; and (g) possesses the skills and experience specified in the selection criteria in relation to the position as being the skills and experience required for the proper performance of the duties of the position.”.
“14a. There is hereby established a board to be known as the Appeals Board.
“14b. The functions of the Board are, subject to the Act and these Regulations—
(a) to hear and determine appeals under regulation 26;
(b) to hear and determine appeals under section 38f of the Act; and
(c) to make recommendations to the Commissioner in respect of those appeals.
“14c. (1) The Board shall consist of the following members:
(a) a President;
(b) such number of Deputy Presidents, not exceeding 7, as the Minister may from time to time determine;
(c) not more than 16 persons nominated by the Commissioner;
(d) not more than 36 persons nominated in accordance with the rules of the association.
“(2) A member of the Board shall be appointed in writing by the Minister.
“(3) A person shall not be appointed as President or a Deputy President of the Board if the person—
(a) has been at any time a member of an existing Police Force; or
(b) is, or has been at any time, the Commissioner, a Deputy Commissioner or a member of the Australian Federal Police.
“(4) Subject to this Division, the Board shall, for the purposes of an appeal, be constituted by—
(a) the President or a Deputy President;
(b) a person referred to in paragraph (1) (c); and
(c) a person referred to in paragraph (1) (d).
“(5) As far as practicable, the Board constituted for the purposes of an appeal shall not include as one of its members a member of the Australian Federal Police who is lower in rank than any of the parties to the appeal other than the Commissioner.
“(6) A person referred to in paragraph (1) (c) or (d)—
(a) shall not take part in the hearing or determination of an appeal if the person 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 member of the Board.
“14d. (1) Subject to this Division, a member of the Board shall hold office for such term not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment.
“(2) A member of the Board shall be paid such remuneration (if any) and such allowances (if any) as the Minister determines and specifies in the instrument of appointment.
“14e. A member of the Board may resign his or her office by writing delivered to the Minister.
“14f. (1) Where a member of the Board—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupts or insolvent debtors or compounds with his or her creditors; or
(b) is guilty of misbehaviour or becomes physically or mentally incapable of performing the duties of his or her office,
the Minister shall remove the member from office.
“14g. (1) Where, before the expiration of the term of office of a member of the Board nominated by the Commissioner or of a member of the Board nominated in accordance with the rules of the association, the Commissioner or the committee of management of the association, as the case may be, recommends to the Minister that the appointment of the member be terminated, the Minister shall, by writing, terminate the appointment of the member.
“(2) In sub-regulation (1), “committee of management”, in relation to the association, means the group or body of persons (however described) that manages the affairs of the association.
“14h. (1) The Minister may appoint a person qualified for appointment as President or Deputy President to act as President or a Deputy President—
(a) during a vacancy in the office of President or a Deputy President (as the case may be) whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the President or a Deputy President, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his or her office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) An appointment of a person under sub-regulation (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(3) The Minister may—
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under sub-regulation (1); and
(b) terminate such an appointment at any time.
“(4) Where a person is acting as President or a Deputy President in accordance with paragraph (1) (b) and the office of President or of that Deputy President (as the case may be) becomes vacant while the person is so acting, then, subject to sub-regulation (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.
“(5) The appointment of a person to act as President or a Deputy President ceases to have effect if the person resigns the appointment by writing delivered to the Minister.
“(6) While a person is acting as President or a Deputy President, the person has and may exercise all the powers, and shall perform all the functions, of the President or a Deputy President (as the case may be) under this Part.
“(7) The validity of anything done by a person purporting to act under sub-regulation (1) shall not be called in question on the ground that the occasion for the appointment of the person had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.
“14j. There shall be a Secretary to the Board who shall be appointed by the Minister.
“14k. For the purposes of the hearing of an appeal by the Board, each of the following is a party to the appeal:
(a) the appellant or, where 2 or more appeals have been considered under regulation 14l, each of the appellants;
(b) the Commissioner;
(c) in the case of an appeal against the selection of a member for promotion—the member selected for promotion; and
(d) where, in the case of an appeal against the making of a redeployment declaration, the Board has, under sub-section 38f (6) of the Act, joined a member as a party to the appeal—that member.
“14l. Where—
(a) 2 or more members have appealed against the selection of another member for promotion to a particular position within a rank; or
(b) 2 or more members included in a class of members, being members in respect of each of whom a redeployment declaration has been made under sub-section 38b (1) of the Act by reason that the class comprises a greater number of members than is necessary for the efficient and economical working of the Australian Federal Police, have each appealed against the making of that declaration in respect of him or her,
and the Board—
(c) is of the opinion that the consolidation of the appeals made by those members would expedite the hearing and determination of those appeals; and
(d) is satisfied that the consolidation of those appeals will not prejudice any party to one of those appeals,
the Board may consolidate those appeals and hear them together.
“14m. Where 2 or more appeals are consolidated under regulation 14l, the Board shall, as soon as it is practicable, cause the parties to each of those appeals to be notified of that fact and of the name of each of the other parties (other than the Commissioner) concerned in those appeals.
“14n. (1) For the purpose of hearing an appeal, the Board shall sit at such times and places as the Board determines.
“(2) The Board shall not, in the case of an appeal under section 38f of the Act, 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 34a, be made;
(b) where a member has been joined as a party to the appeal under sub-section 38f (6) of the Act, the expiration of the period within which the member may, in acordance with regulation 34d, submit statements and documents to the Board; or
(c) the day on which a copy of the statement referred to in sub-regulation 34e (2) or of the statement referred to in sub-paragraph 34e (4) (e) (i) is furnished to the appellant,
whichever is the later.
“(3) The Board shall, unless it is not reasonably practicable to do so, hear and determine an appeal from a decision of the Commissioner to promote a member within the period of 2 months from the last day on which a notice of appeal from the decision of the Commissioner could have been lodged with the Secretary to the Board in accordance with sub-regulation 26 (2).
“(4) The Secretary to the Board shall cause notice of the time and place fixed for the hearing of an appeal to be given to each party to the appeal.
“(5) The Board may adjourn the hearing of proceedings before it from time to time.
“(6) Any of the members constituting the Board for the purposes of an appeal may ask a party to the appeal any question that the member considers relevant to the appeal and the Board may, in its discretion, require a party to give evidence on oath or affirmation and, for that purpose, the President or the Deputy President participating in the hearing (as the case may be) may administer an oath or affirmation in accordance with the form set out in Schedule 5.
“(7) At the hearing of an appeal under section 38F of the Act, the President or the Deputy President participating in the hearing (as the case may be)—
(a) may, by notice in writing, require a person to attend before the Board to give evidence or to produce such documents as are referred to in the notice; and
(b) may administer to a person attending before the Board to give evidence an oath or affirmation in accordance with the form set out in Schedule 5.
“(8) Subject to this Division, in any proceeding before the Board—
(a) the procedure of the Board is within the discretion of the Board; and
(b) the Board is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks appropriate.
“(9) If the members constituting the Board for the purposes of an appeal are divided on any question before the Board, the question shall be decided in accordance with the opinion of the majority.
14p. (1) A party to an appeal may appear in person, or may, subject to sub-regulation (2), be represented by another person, in any proceeding before the Board and may, either in person or, where the party is entitled to be represented by another person, through that person, address the Board and submit any document that the party considers relevant to the appeal.
“(2) At the hearing of an appeal from the decision of the Commissioner to select a member for promotion, the Commissioner may be represented by a commissioned officer appointed by the Commissioner for that purpose but a party other than the Commissioner is not entitled to be represented by another person.
“(3) A party to an appeal is not, at the hearing of the appeal, entitled—
(a) to ask questions of another party to the appeal; and
(b) where the hearing is held in private, except to the extent that the party is authorized in that respect by the Board under sub-regulation 14q (3), to be present while another party to the appeal is being heard or questioned by the Board.
“14q. (1) The hearing by the Board of an appeal from the decision of the Commissioner to select a member for promotion shall be held in private.
“(2) Subject to sub-regulation (3), the hearing by the Board of an appeal under section 38f of the Act shall be in public.
“(3) Upon the application of a party to an appeal under section 38f of the Act, the Board may, if it 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—
(a) direct that the hearing, or any part of the hearing, of the appeal shall take place in private and give directions as to the persons who may be present;
(b) give directions prohibiting or restricting the publication of—
(i) any evidence given, or submission made to the Board; or
(ii) the contents of any document submitted to, or received in evidence by, the Board,
whether in public or in private, in connection with the appeal; and
(c) give directions prohibiting or restricting the disclosure to any party to the appeal who was not authorized under paragraph (a) to be present at the hearing, or any part of the hearing, of the appeal of—
(i) any evidence given, or submission made to, the Board during the hearing, or that part of the hearing, of the appeal; or
(ii) the contents of any document submitted to, or received in evidence by, the Board in connection with the appeal.
“14r. (1) Proceedings in relation to an appeal are not invalidated by a formal defect or an irregularity unless the Board hearing the appeal is of the opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any steps that may be taken.
“(2) The Board may, at any time, amend any defect or error in any proceeding before the Board in relation to an appeal and all necessary amendments shall be made for the purposes of determining on their merits all questions arising in connection with the appeal.
“14s. (1) An action or proceeding, civil or criminal, does not lie against a person who is or was the President, a Deputy President or other member of the Board for or in respect of any act or thing done in good faith by the person in his or her capacity as President, Deputy President or member of the Board.
“(2) Subject to this Division—
(a) a person summoned to attend or appearing before the Board to give evidence at an appeal; or
(b) a person representing a party at the hearing of an appeal before the Board,
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.”.
“18. Where—
(a) an officer of the Australian Public Service to whom section 26aof the Act applies is to be appointed under that section to be a member;
(b) a person to whom regulation 40b applies is to be appointed to a position within a rank under that regulation; or
(c) a position within a rank becomes, or is expected to become, vacant and the Commissioner proposes to transfer, in accordance with sub-section 25 (3) or 26 (2) of the Act, a police officer from another position in that rank to the first-mentioned position,
the provisions of this Division do not apply to, or in relation to, the vacancy that is to be filled by that appointment or transfer.
“19. Where a member is, in the performance of the duties of the position that the member holds or in which the member has been directed to act, required to be absent from Australia for a period of not less than 6 months, the member may apply to the President for an interview under this Division.
“20. An interview under this Division of a member referred to in regulation 19 is for the purpose of assessing the efficiency (within the meaning of section 36 of the Act) of the member for the purpose of promotion to any position within a rank that may become vacant during the absence from Australia of the member in the circumstances referred to in regulation 19, being a position that the member is, in accordance with these Regulations, competent and qualified to hold.
“21. Where a member referred to in regulation 19 makes an application to the President for an interview under this Division, the President shall, as soon as it is practicable, appoint a panel consisting of—
(a) the President or a Deputy President;
(b) a person referred to in paragraph 14c (1) (c); and
(c) a person referred to in paragraph 14c (1) (d),
to carry out the interview and make a record of their assessment in accordance with regulation 20 of the efficiency of the member.
“22. For the purpose of carrying out an interview under this Division, the members of an interviewing panel shall have the same powers, exercisable in the like manner, as the members of the Board constituted for the purposes of hearing and determining an appeal against the promotion of a member.
“23. The interview of a member under this Division—
(a) shall be carried out as soon as it is practicable after the appointment of the interviewing panel;
(b) shall be held in private at such place and at such time as the panel determines; and
(c) shall be completed before the departure of the member from Australia in connection with the performance of his or her duties.
“24. During the interview of a member under this Division, the member is not entitled to be accompanied by a person representing the interests of the member.”.
(a) by omitting from sub-paragraph (b) (i) “and” (last occurring); and
(b) by adding at the end of paragraph (b) the following word and sub-paragraph:
“and (iii) if a party to the appeal (other than the Commissioner) is at the time of the hearing of the appeal absent from Australia in connection with the performance of his or her duties and the party was, before his or her departure from Australia, interviewed under Division 2 by an interviewing panel—the record made by the panel of their assessment in accordance with regulation 19 of the efficiency of the party;”.
“34. (1) Where the Commissioner has—
(a) made a redeployment declaration under sub-section 38b (1) of the Act in respect of a member;
(b) taken action under section 38c of the Act by way of redeployment of a member; or
(c) issued a certificate under sub-section 38d (1) or 38e (1) of the Act in respect of a member,
the Commissioner shall, by notice in writing served on the member in accordance with sub-regulation (2), cause the member to be informed of the right of the member to appeal, under section 38f of the Act, against the making of the declaration, the action so taken or the issue of the certificate, as the case may be.
“(2) A notice in writing referred to in sub-regulation (1) shall be served on a member at the same time as the member is—
(a) in accordance with sub-section 38b (3), 38d (1) or 38e (2) of the Act, served with a copy of the document referred to in that sub-section; or
(b) in accordance with sub-section 38C (6) of the Act, provided with the statement referred to in that sub-section,
as the case may be.
“34a. (1) An appeal by a member under section 38f of the Act shall be instituted by a notice of appeal being given by, or on behalf of, the member in accordance with this regulation.
“(2) A notice of appeal under this regulation—
(a) shall be in writing;
(b) shall specify—
(i) the name and rank of the appellant; and
(ii) the particulars of the decision of the Commissioner that is the subject of the appeal; and
(c) shall state the grounds of appeal.
“(3) Without limiting the generality of paragraph (2) (c), a notice of appeal shall—
(a) where the appeal is against the making of a redeployment declaration under sub-section 38b (1) of the Act in respect of the appellant—state in what respect (if any) the appellant claims that any administrative procedures set out in a notice of the kind referred to in paragraph 38a (1) (a) of the Act that was in force at the time when the appellant was identified as a member whose services cannot reasonably be used in the Australian Federal Police, being administrative procedures that were applicable in the case of the appellant, have not been followed;
(b) where the appeal is against the taking of action under section 38c of the Act by way of redeployment of the appellant—state in what respect (if any) the appellant claims that the Commissioner—
(i) failed to give effect to any principles set out in a notice of the kind referred to in paragraph 38a (1) (b) of the Act that was in force at the time when the action was taken, being principles that were applicable in the Case of the appellant; or
(ii) failed to have regard to the matters to which the Commissioner was required by sub-section 38c (5) of the Act to have regard in relation to the taking of the action; or
(c) where the appeal is against the issue of a certificate under sub-section 38d (1) in relation to the appellant—state in what respect (if any) the appellant claims that the Commissioner, in forming the opinion that it is not reasonable or practicable to redeploy the appellant in accordance with section 38c of the Act—
(i) failed to give effect to any principles set out in a notice of the kind referred to in paragraph 38a (1) (b) of the Act that was in force at the time when the Commissioner formed that opinion, being principles that were applicable in the case of the appellant; or
(ii) failed to have regard to the matters to which the Commissioner was required by sub-section 38c (5) of the Act to have regard for the purposes of sub-section 38C (1) of the Act.
“(4) A notice of appeal shall be lodged with the Secretary to the Board–
(a) within the period of 21 days from the day on which the appellant was—
(i) in accordance with sub-section 38b (3), 38d (1) or 38e (2) of the Act, served with a copy of the document referred to in that sub-section; or
(ii) in accordance with sub-section 38C (6) of the Act, provided with the statement referred to in that sub-section,
as the case may be; or
(b) if, on an application made (whether before or after the expiration of the period referred to in paragraph (a)) by or on behalf of the appellant, the President, being satisfied that there is reasonable ground for so doing, extends the period referred to in paragraph (a)—within that period as extended by the President,
and shall be accompanied by—
(c) any written statement that the appellant wishes to submit to the Board stating the facts that the appellant wishes the Board to take into consideration in determining the appeal; and
(d) any documents that the appellant considers relevant to the appeal.
“34b. Where an appeal under section 38f of the Act has been instituted in accordance with regulation 34a, the Secretary to the Board shall, within the period of 21 days from the lodging of the notice of appeal, notify the Commissioner of the institution of the appeal and furnish the Commissioner with a copy of the notice of appeal.
“34c. Where a member is joined as a party to an appeal under sub-section 38f (6) of the Act, the Secretary to the Board shall, within the period of 21 days from the day on which the member was so joined as a party—
(a) notify, in writing, the member and the Commissioner accordingly; and
(b) furnish the member with—
(i) a copy of any document furnished by the Commissioner to the Board in accordance with sub-regulation 34e (1) in relation to the appeal; and
(ii) a copy of the notice of appeal.
“34d. Where a member is joined as a party to an appeal under sub-section 38f (6) of the Act, the member shall—
(a) within the period of 21 days from the day on which the member was given notice of the joinder in accordance with paragraph 34c (a); or
(b) if, on an application made (whether before or after the expiration of the period referred to in paragraph (a)) by or on behalf of the member, the President, being satisfied that there is reasonable ground for so doing, extends the period referred to in paragraph (a)—within that period as extended by the President,
submit to the Board, by lodging with the Secretary to the Board—
(c) any written statement that the member wishes to submit to the Board stating the facts that the member wishes the Board to take into consideration in determining the appeal; and
(d) any document that he considers relevant to the appeal.
“34e. (1) The Commissioner shall, within the period of 21 days from the day on which the Commissioner was notified of the institution of an appeal under section 38f of the Act, furnish the Board with—
(a) 5 copies of—
(i) in the case of an appeal against the making of a redeployment declaration under sub-section 38b (1) of the Act in respect of the appellant—the declaration;
(ii) in the case of an appeal against any action taken under section 38c of the Act by way of redeployment of the appellant—the statement provided to the appellant under sub-section (6) of that section in relation to the taking of that action; or
(iii) in the case of an appeal against the issue of a certificate under sub-section 38d (1) or 38e (1) of the Act in respect of the appellant—the certificate; and
(b) if information has, in accordance with section 39a of the Act, been excluded from the copy of the declaration referred to in sub-paragraph (a) (i), the statement referred to in sub-paragraph (a) (ii), or the copy of the certificate referred to in sub-paragraph (a) (iii), as the case may be, that was served on the appellant in accordance with Division 1 of Part V of the Act, 5 copies of a document setting out the information that was excluded from the declaration, statement or certificate.
“(2) Subject to sub-regulation (4), the Commissioner may, in relation to an appeal under section 38f of the Act, submit to the Board, by lodging with the Secretary to the Board within the period of 21 days from the day on which the Commissioner was notified of the institution of the appeal, 5 copies of a statement setting out any information in relation to any issue raised by the appellant in the notice of appeal or in any statement that accompanied the notice of appeal, being information that was not set out in any document referred to in sub-paragraph (1) (a) (i), (ii) or (iii) in relation to the appeal and that the Commissioner wishes the Board to take into account in determining the appeal.
“(3) Where, in relation to an appeal under section 38f of the Act, the Commissioner has in accordance with sub-regulation (2) submitted copies of a statement to the Board, the Secretary to the Board shall, within the period of 21 days from the receipt of the copies, furnish the appellant with a copy of the statement.
“(4) Where—
(a) a statement prepared by the Commissioner for submission to the Board in accordance with sub-regulation (2) contains information of a medical or psychiatric nature concerning the appellant (in this sub-regulation referred to as the ‘relevant information’); and
(b) the Commissioner, upon seeking the opinion of a medical practitioner in that respect, is advised by the medical practitioner that the disclosure of the relevant information may be prejudicial to the physical or mental health or well-being of the appellant,
the Commissioner shall—
(c) exclude the relevant information from the copies of the statement to be lodged with the Secretary to the Board;
(d) notify the Board accordingly; and
(e) lodge with the Secretary to the Board, within the period specified in sub-regulation (2), 5 copies of—
(i) the statement from which that relevant information has been excluded; and
(ii) a document setting out the relevant information.
“(5) Where, in relation to an appeal under section 38f of the Act, the Commissioner has in accordance with sub-regulation (4) submitted to the Board copies of a statement from which information of a medical or psychiatric nature concerning the appellant has been excluded, the Secretary to the Board shall, within the period of 21 days from the receipt of the copies, furnish the appellant with a copy of the statement and a notice—
(a) stating that information has, in accordance with that sub-regulation, been excluded from the copy of the statement;
(b) giving the reason why the information was so excluded from the copy of the statement; and
(c) informing the appellant that if the appellant nominates to the Secretary to the Board a medical practitioner for the purposes of this sub-regulation, the information shall be communicated to that medical practitioner,
and shall, if the appellant nominates a medical practitioner in accordance with paragraph (c), immediately forward the information to the medical practitioner.
“34f. On application made to the Secretary to the Board, a party to an appeal under section 38f of the Act shall, within the period of 21 days from the receipt of the application—
(a) be supplied with the following particulars in respect of any other party to the appeal other than the Commissioner:
(i) rank and position within the rank;
(ii) qualifications;
(iii) length and particulars of service as a member of the Australian Federal Police and, if applicable, as a member of an existing Police Force; and
(b) be allowed to take cognizance of the contents of any written statement, or document, submitted to the Board by any other party in connection with the appeal, other than a document referred to in paragraph 34e (1) (b) or sub-paragraph 34e (4) (e) (ii).
“34g. For the purpose of determining an appeal under section 38f of the Act, the Board shall make full inquiries into the claims of each party to the appeal and in particular, but without limiting the generality of the foregoing, shall take into consideration—
(a) all written statements and documents submitted to the Board for the purposes of the appeal;
(b) any evidence given to the Board by persons other than the parties; and
(c) any answers given, and any oral statement made, by each party at the hearing of the appeal.”.
“40b. (1) This regulation applies to a
person who was, whether before or after the commencement of the
“(2) A person to whom this regulation applies may apply in writing to the Commissioner to be re-appointed as a member.
“(3) On the receipt of an application from a person under sub-regulation (2), the Commissioner shall appoint a medical practitioner or medical practitioners to examine the person and report on the medical fitness of the person to be reappointed as a member.
“(4) If—
(a) a position within a rank is vacant;
(b) it appears from the report or reports of a medical practitioner or medical practitioners appointed under sub-regulation (3) to examine, and report on, a person to whom this regulation applies that the health of the person has become so restored as to enable the person to perform the duties of the position; and
(c) the person is by virtue of—
(i) the rank that the person held immediately before his or her retirement on the ground of invalidity or the training course or courses that the person has successfully completed or been exempted from undertaking; and
(ii) the skills and experience that the person possesses,
competent and qualified to hold the position,
the Commissioner may—
(d) if the position is within a non-commissioned rank—appoint the person to the position; or
(e) if the position is within a commissioned rank—by Commission, appoint the person to be a commissioned officer and to hold the position.”.
1.
Notified in the
2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1985 No. 82 and see also Statutory Rules 1985 No. 82.
Printed by Authority by the Commonwealth Government Printer
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