Commonwealth Teaching Service Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 1311

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Commonwealth Teaching Service Regulations (Amendment)

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 28 July 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

SUSAN RYAN

Minister of State for Education and Youth Affairs

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Commonwealth Teaching Service Regulations.2

Interpretation

2. Regulation 3 of the Principal Regulations is amended—

(a) by omitting the definition of “appellant” and substituting the following definition:

“ ‘appellant’ means—

(a) in relation to an appeal against a provisional promotion of an officer—the officer making that appeal; or

(b) in relation to a disciplinary appeal the officer making that appeal;”;

(b) by omitting the definitions of “election” and “nomination day”;

(c) by omitting “to the Service” from the definition of “officer” and substituting “in relation to a component of the Service”;

(d) by omitting “elected” (wherever occurring) from the definition of “officers’ representative” and substituting “nominated”; and

(e) by inserting after the definition of “officers’ representative” the following definition:

“ ‘organization’ means an organization within the meaning of the Conciliation and Arbitration Act 1904;”.

Repeal of regulation 4

3. Regulation 4 of the Principal Regulations is repealed.

Publication of direction under sub-section 26 (3) or (4) of the Act

4. Regulation 5 of the Principal Regulations is amended by omitting “Commissioner” and substituting “relevant authority”.

Appeals against promotions

5. Regulation 8 of the Principal Regulations is amended by omitting from sub-regulation (1) “delivered to the Commissioner at the office of the Commissioner in Canberra” and substituting “delivered to the relevant authority”.

6. Part III of the Principal Regulations is repealed and the following Part substituted:

“PART III—NOMINATION OF OFFICERS’ REPRESENTATIVES

Officers’ representatives on Promotions Appeal Boards and the Disciplinary Appeal Board

“9. For the purposes of an appeal to a Promotions Appeal Board or the Disciplinary Appeal Board, an officer to represent officers of the Service shall be nominated—

(a) in the case of an officer referred to in paragraph 30 (2) (c) of the Act—by an organization in response to a request made in accordance with regulation 10; and

(b) in the case of an officer referred to in paragraph 37 (2) (c) of the Act—by an organization or an appellant, as the case may be, in response to a request made in accordance with regulation 11.

Nomination of officers’ representative on Promotions Appeal Boards

“10. (1) Subject to sub-regulation (2), where an organization has rules under which an officer who occupies the office to which the provisional promotion appealed against has been made is eligible for membership of that organization, the relevant authority shall, in writing, request that organization to nominate, in writing, an officer to represent officers of the Service and to specify the address of the officer so nominated.

“(2) Where more than one organization has rules under which an officer who occupies the office to which the provisional promotion appealed against has been made is eligible for membership, the relevant authority shall ascertain which of those organizations has the greater or the greatest number of members

occupying offices of the class to which the provisional promotion appealed against has been made and shall, in writing, request that organization to nominate, in writing, an officer to represent officers of the Service and to specify the address of the officer so nominated.

Nomination of officers’ representative on Disciplinary Appeal Board

“11. (1) Where an appellant is a member of an organization, the relevant authority shall, in writing, request the organization specified in the notice given to the relevant authority under sub-regulation 36 (1a) to nominate, in writing, an officer to represent officers of the Service and to specify the address of the officer so nominated.

“(2) Where an appellant gives notice to the relevant authority under sub-regulation 36 (1a) that he is not a member of an organization, the relevant authority shall furnish the appellant with a list of not less than 3 names of officers selected by the relevant authority having regard to the duties or former duties of the appellant.

“(3) An appellant furnished with a list under sub-regulation (2) shall by notice in writing nominate an officer whose name appears on the list to represent officers of the Service.”.

Notification of disciplinary action

7. Regulation 35 of the Principal Regulations is amended by omitting “Commissioner” (wherever occurring) and substituting “relevant authority”.

Appeals against disciplinary action

8. Regulation 36 of the Principal Regulations is amended—

(a) by omitting from paragraph (1) (b) “delivered to the Commissioner at the office of the Commissioner in Canberra” and substituting “delivered to the relevant authority”;

(b) by inserting after sub-regulation (1) the following sub-regulation:

“(1a) An appellant shall, at the time he lodges a disciplinary appeal—

(a) if he is not a member of an organization, give notice in writing to the relevant authority that he is not a member of an organization;

(b) if he is a member of one but not more than one organization, give notice in writing to the relevant authority specifying the name and address of that organization; or

(c) if he is a member of more than one organization, select an organization of which he is a member as the organization to nominate an officer to represent officers of the Service, being an officer referred to in paragraph 37 (2) (c) of the Act, and give notice in writing to the relevant authority specifying the name and address of that organization.”;

(c) by omitting from sub-regulation (2) “Commissioner” and substituting “relevant authority”;

(d) by omitting from sub-regulation (3) “as soon as possible, and in any event not later than 7 days”; and

(e) by omitting from sub-regulation (3) “Commissioner” and substituting “relevant authority”.

Public and private hearings

9. Regulation 38 of the Principal Regulations is amended by omitting “Commissioner” and substituting “relevant authority”.

Copies of documents to be furnished or inspection allowed

10. Regulation 41 of the Principal Regulations is amended by omitting “Commissioner” (wherever occurring) and substituting “relevant authority”.

Representation at hearing or at taking of evidence

11. Regulation 42 of the Principal Regulations is amended by omitting “Commissioner” (wherever occurring) and substituting “relevant authority”.

Decision of the Disciplinary Appeal Board

12. Regulation 43 of the Principal Regulations is amended by omitting “Commissioner” (wherever occurring) and substituting “relevant authority”.

Repeal of Schedule 1

13. Schedule 1 to the Principal Regulations is repealed.

Schedule 2

14. Schedule 2 to the Principal Regulations is amended—

(a) by omitting from Form 1 “Commissioner” and substituting “(relevant authority)”: and

(b) by omitting from Form 2 “Commissioner” and substituting “(relevant authority)”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 August 1983.

2. Statutory Rules 1973 No. 143 as amended by 1973 No. 225; 1974 No. 12; 1976 No. 294; 1977 Nos. 19, 116 and 163; 1981 No. 207.