Commonwealth Teaching Service Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 294

REGULATIONS UNDER THE COMMONWEALTH TEACHING SERVICE ACT 1972.*

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 Commonwealth Teaching Service Act 1972.

Dated this twenty-third day of December, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

J. L. CARRICK

Minister of State for Education.

_________

Amendments of the Commonwealth Teaching Service Regulations  

Heading before regulation.

1. The Commonwealth Teaching Service Regulations are amended by inserting before regulation 1 the heading—

“ Part I—General ”.

Definitions.

2. Regulation 3 of the Commonwealth Teaching Service Regulations is amended—

(a) by inserting before the definition of “ Disciplinary Appeal Board ” the following definitions:—

“ ‘ appellant ’ means the officer making a disciplinary appeal;

‘disciplinary appeal ’ means an appeal under section 36 of the Act;”; and

(b) by inserting after the definition of “nomination day” the following definition:—

“ ‘ officer ’ means a person appointed to the Service pursuant to sub-section 20 (1) of the Act;”.

Heading after regulation 5.

3. The Commonwealth Teaching Service Regulations are amended by inserting after regulation 5 the heading—

“ Part II—Promotions ”,

* Notified in the Australian Government Gazette on 30 December 1976.

  Statutory Rules 1973, No. 143 as amended by Statutory Rules 1973, No. 225; and 1974, No. 12.

 

Heading after regulation 8.

4. The Commonwealth Teaching Service Regulations are amended by inserting after regulation 8 the heading—

“ Part III—Elected Officers’ Representatives ”.

5. After regulation 34 of the Commonwealth Teaching Service Regulations the following heading and regulations are added:—

“ Part IV—Disciplinary Appeals

Notification of disciplinary action.

“ 35. Where the Commissioner takes any action against an officer that gives the officer a right of making a disciplinary appeal, the Commissioner shall, without delay, give notice to the officer in accordance with Form 1 in Schedule 2—

(a) of that action; and

(b) of the officer’s right of appeal.

Appeals against disciplinary action.

“ 36. (1) A disciplinary appeal shall—

(a) be made within 28 days after the date of notification under regulation 35;

(b) be made by letter, or telegram, delivered to the Commissioner at the office of the Commissioner in Canberra; and

(c) be in accordance with Form 2 in Schedule 2.

“ (2) The Commissioner shall, within 7 days after receipt of a disciplinary appeal, refer the appeal to the Chairman of the Disciplinary Appeal Board for the fixing of a date, time and place for the hearing of the appeal.

“ (3) Subject to sub-regulation (4), as soon as possible, and in any event not later than 7 days after the date of receipt of information under sub-regulation (2) of a disciplinary appeal, the Chairman of the Disciplinary Appeal Board shall fix a date, time and place for the hearing of the appeal and shall notify the Commissioner, the other members of the Board and the appellant of the date, time and place so fixed.

“ (4) The Chairman of the Disciplinary Appeal Board shall, in fixing the date for the hearing of a disciplinary appeal, take into consideration the time that will necessarily be taken by the appellant in travelling to the place of hearing and the time that can reasonably be expected it will take for the appellant to receive the notification referred to in sub-regulation (3).

Conduct of appeal.

“ 37. Subject to these Regulations, in the hearing of a disciplinary appeal by the Disciplinary Appeal Board—

(a) the Board may inform itself in such manner as it thinks fit;

(b) the procedure to be followed shall be as determined by the Board;

(c) the Board is not bound by the rules of evidence; and

(d) the Board shall proceed without regard to legal forms or solemnities.

Public and private hearings.

“ 38. A disciplinary appeal shall be heard in public unless the Disciplinary Appeal Board, by reason of the interests of justice or of the public, or of the confidential nature of the evidence to be heard, either of its own motion or on the motion of the appellant or the Commissioner, otherwise directs.

Witnesses.

“ 39. (1) For the purpose of the hearing of a disciplinary appeal, the Chairman of a Disciplinary Appeal Board may—

(a) by writing under his hand, summon a person to appear at the hearing to give evidence and to produce such documents (if any) as are referred to in the summons; and

(b) administer an oath or affirmation.

“ (2) At the hearing of a disciplinary appeal, a person shall not, without reasonable excuse—

(a) fail to attend as required by a summons served on him;

(b) refuse or fail to be sworn or to make an affirmation;

(c) refuse or fail to answer a question that the Chairman of the Disciplinary Appeal Board requires him to answer; or

(d) refuse or fail to produce a document as required by a summons served on him.

Penalty: $40.

“ (3) Nothing in this regulation shall be construed as requiring a person to answer a question or produce a document that would tend to incriminate him.

Evidence taken outside hearing.

“ 40. (1) Where, by reason of the appellant or a witness residing or performing duties outside Australia, or in a remote locality in Australia, or by reason of the expense, inconvenience or delay that would result, it appears to the Disciplinary Appeal Board hearing a disciplinary appeal that it is undesirable to require the appellant or witness to attend before the Board to give evidence at the hearing of the appeal, the Board may, by writing under the hand of the Chairman, appoint a person to take the evidence of the appellant or witness.

“ (2) A person so appointed may take the evidence of the appellant or witness on oath or affirmation, and for that purpose shall have all the powers of the Chairman of the Disciplinary Appeal Board.

“ (3) Evidence taken under this regulation shall be certified under the hand of the person taking it and forwarded by him to the Disciplinary Appeal Board hearing the disciplinary appeal.

Copies of documents to be furnished or inspection allowed.

“ 41. (1) Copies of all documents intended to be used at the hearing of a disciplinary appeal shall, where practicable, be furnished to the appellant or the Commissioner, as the case may be, by the party intending to rely on those documents at the hearing, not later than 7 days before the date fixed for the commencement of the hearing.

“ (2) Where a copy of a document intended to be used at the hearing of a disciplinary appeal is not furnished to the appellant or the Commissioner, as the case may be, in accordance with sub-regulation (1), the appellant or the Commissioner is entitled to inspect that document.

Representation at hearing or at taking of evidence.

“ 42. At the hearing of a disciplinary appeal or at the taking of evidence under regulation 40, the appellant or the Commissioner may appear personally or be represented by counsel, a solicitor, or agent, who may examine witnesses and may address the Disciplinary Appeal Board on behalf of the appellant or the Commissioner.

Decision of the Disciplinary Appeal Board.

“ 43. Within 7 days after a disciplinary appeal has been heard by the Disciplinary Appeal Board, the Board shall, by writing signed by the Chairman and the other members of the Board, notify the Commissioner of its decision, and the Commissioner shall forthwith, in writing, inform the appellant of the decision.

Appellant’s expenses.

“ 44. Where a disciplinary appeal is allowed by the Disciplinary Appeal Board, the Board may recommend that any reasonable expenses incurred by the appellant in relation to the appeal be paid, and, where the Board so recommends, an amount equal to those expenses, as assessed by the Board, shall be paid to the appellant.

Witnesses’ expenses.

“ 45. A person who is summoned under paragraph 39 (1) (a) to appear at the hearing of a disciplinary appeal to give evidence, not being a person summoned to appear at the hearing in consequence of a request made by or on

 

behalf of the appellant, is entitled to be paid such fees and travelling expenses as the Chairman of the Disciplinary Appeal Board determines in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969.

Giving or furnishing of notices, &c.

“ 46. All notices, orders or other documents that are required under these Regulations to be furnished or given to a person may be so furnished or given by being delivered to that person or by being posted to the last-known address of that person.

Protection of witnesses.

“ 47. Subject to these Regulations, a person summoned to attend to give evidence at the hearing of a disciplinary appeal has the same protection and is, in addition to the penalties provided by these Regulations, subject to the same liabilities in any civil or criminal proceedings, as a witness in proceedings in the Supreme Court of the Australian Capital Territory.”.

Schedule.

6. The Schedule to the Commonwealth Teaching Service Regulations is amended by omitting the heading “ SCHEDULE ” and substituting the heading “ SCHEDULE 1 ”.

Schedule 2.

7. After Schedule 1 of the Commonwealth Teaching Service Regulations the following Schedule is added:—

SCHEDULE 2

FORMS

Form 1 Regulation 35

NOTICE OF DISCIPLINARY ACTION

TO: (name and last-known address of the officer)

You are hereby given notice in pursuance of regulation 35 of the Commonwealth Teaching Service Regulations—

(a) of the following action taken against you, namely (details of disciplinary action taken against officer); and

(b) that you have a right of appeal against that action under section 36 of the Commonwealth Teaching Service Act 1972, your rights in this matter together with the steps necessary to be taken by you to pursue your right of appeal being set out in that Act and the regulations made under it.

DATED this  day of  19

Commissioner.

___________

Form 2  Regulation 36

APPEAL AGAINST DISCIPLINARY ACTION

TO the Commissioner,

Commonwealth Teaching Service.

I, (name of officer), of (addressof officer), hereby appeal, in pursuance of section 36 of the Commonwealth Teaching Service Act 1972, to the Disciplinary Appeal Board against disciplinary action taken against me, namely (details of action taken). The ground (or grounds) of my appeal is (or are) as follows:

DATED this  day of  19

(Signature