Merit Protection (Australian Government Employees) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 9 August 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GARY JOHNS
Special Minister of State
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1.1 The Merit Protection (Australian Government Employees) Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see
2.1 Subregulation 5A (3):
Omit “subregulation (4)”, substitute “subregulations (4) and (5)”.
2.2 Subregulation 5A (4):
Omit the subregulation, substitute:
If:
(a) before the expiry of the period referred to in subregulation (3), or of that period as extended in accordance with this subregulation, a party applies to the Agency for an extension of time, or a further extension of time, to provide a statement to the Agency; and
(b) the application sets out the party’s reasons for needing an extension of time, or further extension of time; and
(c) the Agency is satisfied that the party reasonably needs an extension of time, or a further extension of time;
the Agency may, by notification in writing to the party, grant an extension of time, or a further extension of time, to the party.
If a party fails to submit a statement in the time referred to in subregulation (3) or (4), the Promotion Appeal Committee may determine the case without the statement.”.
3.1 Omit the regulation, substitute:
(1) Subject to subregulations (2) and (3), a person summoned to attend a proceeding before a Disciplinary Appeal Committee must not, without reasonable excuse:
(a) fail to attend, or to produce documents, in accordance with the summons; or
(b) refuse or fail to be sworn, or to make an affirmation, at the proceeding; or
(c) at the proceeding refuse or fail to answer a question relevant to the proceeding that the Convenor of the Committee requires the person to answer.
Penalty: 5 penalty units.
As at the
commencement of this subregulation, the value of a penalty unit was $100:
A person (other than an officer or employee) has a reasonable excuse for failing to attend, or to produce documents, in accordance with the summons if the person has not been given a reasonable sum of money for the reasonable expenses that are likely to be incurred by the person:
(a) in travelling:
(i) from the person’s place of residence to the proceeding; and
(ii) from the proceeding to the person’s place of residence; or
(b) if it is reasonable that the person should be provided with accommodation—for accommodation near the proceeding; or
(c) in producing the documents.
A person referred to in subregulation (1) is not required to answer a question if the answer to that question would tend to incriminate the person.”.
4.1 After regulation 30, insert:
(1) Subject to subregulations (2) and (3), a person summoned to attend a proceeding before a Redeployment and Retirement Appeal Committee must not, without reasonable excuse:
(a) fail to attend, or to produce documents, in accordance with the summons; or
(b) refuse or fail to be sworn, or to make an affirmation, at the proceeding; or
(c) at the proceeding refuse or fail to answer a question relevant to the proceeding that the Convenor of the Committee requires the person to answer.
Penalty: 5 penalty units.
As at the
commencement of this subregulation, the value of a penalty unit was $100:
A person (other than an officer or employee) has a reasonable excuse for failing to attend, or to produce documents, in accordance with the summons if the person has not been given a reasonable sum of money for the reasonable expenses that are likely to be incurred by the person:
(a) in travelling:
(i) from the person’s place of residence to the proceeding; and
(ii) from the proceeding to the person’s place of residence; or
(b) if it is reasonable that the person should be provided with accommodation—for accommodation near the proceeding; or
(c) in producing the documents.
A person referred to in subregulation (1) is not required to answer a question if the answer to that question would tend to incriminate the person.”.
5.1 After Part V, insert:
“
(1) Subject to subregulation (2), for the purposes of paragraph 35A (b) of the Act, an organisation is the appropriate organisation in relation to a Department or Commonwealth authority if:
(a) it is an organisation within the meaning of the
Industrial Relations Act 1988 ; and(b) it is a party to an industrial award that applies in relation to salaries payable in respect of the majority of:
(i) the positions in that Department or Commonwealth authority; or
(ii) a specified class of positions in that Department or authority; and
(c) persons occupying those positions are, or are eligible to be, members of the organisation.
If there is more than 1 organisation ascertained in accordance with subregulation (1), the appropriate organisation is the organisation whose membership includes the larger, or largest, number of persons occupying positions in the Department or authority or in the class of positions in the Department or authority.
“
(1) Subject to subregulation (2), for the purposes of paragraph 57A (b) of the Act, an organisation is the appropriate organisation in relation to a Department or Commonwealth authority if:
(a) it is an organisation within the meaning of the
Industrial Relations Act 1988 ; and(b) it is a party to an industrial award which applies in relation to salaries payable in respect of the majority of:
(i) the positions in that Department or Commonwealth authority; or
(ii) a specified class of positions in that Department or authority; and
(c) persons occupying those positions are, or are eligible to be members of the organisation.
If there is more than 1 organisation ascertained in accordance with subregulation (1), the appropriate organisation is the organisation whose membership includes the larger, or largest, number of persons occupying positions in the Department or authority or in the class of positions in the Department or authority.”.
1. Notified in the
Commonwealth of Australia Gazette on 16 August 1995.2. Statutory Rules 1985 No. 176 as amended by 1985 No. 380; 1986 No. 3; 1987 Nos. 91 and 330; 1989 Nos. 351 and 411.
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