OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS
- In force under the Overseas Telecommunications Act 1946
- Reprinted as at 31 October 1987 (HISTREG CHAP 109 #DATE 31:10:1987)
*1* The Overseas Telecommunications Commission Regulations (in force under the Overseas Telecommunications Act 1946) as shown in this reprint comprise Statutory Rules 1955 No. 87 amended as indicated in the Tables below. Table of Statutory Rules ------------------------------------------------------------------------------ - Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ------------------------------------------------------------------------------ - 1955 No. 87 23 Nov 1955 23 Nov 1955 1970 No. 197 17 Dec 1970 17 Dec 1970 - 1971 No. 132 168 14 Oct 1971 16 Dec 1971 14 Oct 1971 16 Dec 1971 - R.3 1973 No. 232 29 Nov 1973 29 Nov 1973 - 1976 No. 109 1 June 1976 1 June 1976 - 1978 No. 149 17 Aug 1978 17 Aug 1978 - 1979 No. 249 28 Nov 1979 28 Nov 1979 - 1980 No. 74 2 Apr 1980 2 Apr 1980 - 1981 No. 75 76 172 23 Apr 1981 23 Apr 1981 30 June 1981 23 Apr 1981 23 Apr 1981 30 June 1981 - - - 1982 No. 93 353 30 Apr 1982 17 Dec 1982 30 Apr 1982 17 Dec 1982 - - 1985 No. 85 193 323 7 June 1985 16 Aug 1985 5 Dec 1985 7 June 1985 16 Aug 1985 5 Dec 1985 - - - 1986 No. 109 30 May 1986 30 May 1986 - ------------------------------------------------------------------------------ - Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ------------------------------------------------------------------------------ - Provision affected How affected ------------------------------------------------------------------------------ - R. 2 ............... am. 1970 No. 197; 1971 No. 168 rep. 1981 No. 75 R. 5 ............... am. 1985 No. 85 R. 6 ............... rs. 1971 No. 132 R. 7 ............... rep. 1985 No. 85 R. 8 ............... am. 1971 No. 132 R. 8A ............... ad. 1970 No. 197 am. 1973 No. 232 rs. 1976 No. 109 am. 1978 No. 149; 1979 No. 249; 1980 No. 74; 1981 Nos. 76 and 172; 1982 Nos. 93 and 353 rep. 1985 No. 85 R. 11 ............... am. 1971 No. 132 Part IIIA (rr. 11A, 11B) ................ ad. 1985 No. 193 Rr. 11A, 11B ........ ad. 1985 No. 193 R. 12 ............... rs. 1971 No. 132 R. 13 ............... rs. 1971 No. 132 R. 13A .............. ad. 1973 No. 232 am. 1985 No. 323 R. 15 ............... am. 1971 No. 132; 1985 No. 85 R. 16 ............... am. 1985 No. 85 R. 20 ............... am. 1971 No. 132; 1985 No. 85 R. 21 ............... am. 1985 No. 85 R. 23 ............... am. 1971 No. 132 R. 25 ............... am. 1985 No. 85 R. 28 ............... am. 1971 No. 132; 1985 No. 85 R. 30 ............... am. 1985 No. 85 R. 36 ............... am. 1981 No. 75 R. 37 ............... am. 1985 No. 85 Part VIII (r. 43) ... ad. 1971 No. 168 R. 43 ............... ad. 1971 No. 168 rs. 1986 No. 109 The Schedule ........ rep. 1985 No. 85 ------------------------------------------------------------------------------ - OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
3. Repeal
4. Interpretation
5. Staff Circular
PART II-APPOINTMENTS AND EXAMINATIONS
6. Appropriate entrance examinations
8. Prescribed positions for the purposes of sub-section 18 (5A)
PART III-CLASSIFICATION AND PROMOTION
9. Staff list
10. Seniority of officers
11. Notification of provisional promotion
PART IIIA-PRESERVATION OF RIGHTS OF MANAGING DIRECTOR
11A. Preservation of rights
11B. Rights upon termination of appointment
PART IV-ELECTION OF OFFICERS' REPRESENTATIVES AND
DEPUTY OFFICERS' REPRESENTATIVES
12. Branches of the Commission
13. Prescribed classes for purposes of sub-sections 23 (4) and 31 (4)
13A. Prescribed amount for purposes of sub-section 38 (2)
14. Conduct of elections
15. Nominations
16. Election of officers' representative
17. Eligibility to vote
18. Ballot papers
19. Secret ballot
20. Returning Officer
21. Conduct of ballot
22. Counting of votes
23. Scrutineers
24. Determination of disputes
25. Result of poll
26. Term of office
PART V-THE PROMOTIONS APPEAL BOARD
27. Interpretation
28. Appeals against provisional promotions
29. Hearing of appeals against provisional promotions
30. Determination of appeals
PART VI-THE DISCIPLINARY APPEAL BOARD
31. Interpretation
32. Appeals against punishments
33. Particulars to be furnished
34. Hearing to be in camera
35. Statements relating to appeal
36. Evidence
37. Representation by appellant and Commission
38. Board not to be bound by rules of evidence
39. Proceedings where appellant or witness in remote locality
40. Decision on the appeal
41. Costs
PART VII-FURLOUGH RIGHTS OF FORMER EMPLOYEES OF
CABLE AND WIRELESS LIMITED
42. Period which is deemed to be a period of employment by the
Commonwealth
for the purposes of section 18B
PART VIII-LIABILITY OF COMMISSION TO TAXATION
43. Liability to taxation
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART I
PART I-PRELIMINARY
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Overseas Telecommunications
Commission Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 3
Repeal
3. The Overseas Telecommunications Commission (Staff) Regulations (being
Statutory Rules 1947, No. 68 and Statutory Rules 1949, No. 24) are repealed.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 4
Interpretation
4. In these Regulations, unless the contrary intention appears-
"Staff Circular" means the circular referred to in regulation 5 of these
Regulations;
"temporary employee" means a temporary employee of the Commission;
"the Act" means the Overseas Telecommunications Act 1946-1952;
"the Company" means Amalgamated Wireless (Australasia) Limited, or Cable and
Wireless Limited, as the case requires.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 5
Staff Circular
5. The Managing Director shall cause to be issued at regular intervals a
circular to be known as "the Staff Circular" in which shall be published all
matters which these Regulations require to be published in the Staff Circular
and such other matters as the Commission directs or the Managing Director
thinks fit.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART II
PART II-APPOINTMENTS AND EXAMINATIONS
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 6
Appropriate entrance examinations
6. (1) For the purposes of paragraph (b) of sub-section (4) of section 18 of
the Act, so much of each examination specified in the next succeeding
sub-regulation as consists of examinations in the subject of English or
English literature and in any three other subjects constitutes an examination
for appointment to the position of clerk in the lowest grade.
(2) The examinations referred to in the last preceding sub-regulation are
the examinations the names of which are set out in the first column of the
following table and which are conducted by a university or other public
examining authority in the States or Territories of the Commonwealth
respectively specified in the second column of that table opposite to the
names of those examinations:
------------------------------------------------------------------------------
--
Examination State or Territory
------------------------------------------------------------------------------
--
Higher School Certificate Examination ...)(
)( New South Wales
Leaving Certificate Examination .........)(
)( Australian Capital Territory
University of Sydney Matriculation
Examination .............................)( New South Wales
School Leaving Certificate Examination ..)(
Leaving Technical Examination ...........)( Victoria
Senior Examination ......................)( Queensland
South Australian Leaving Examination ....)(
)( South Australia
South Australian Matriculation )(
Examination .............................)(
)( Northern Territory of Australia
Leaving Certificate Examination .........)( Western Australia
Higher School Certificate Examination ...)
Schools Board Examination ...............) Tasmania
------------------------------------------------------------------------------
--
(3) For the purposes of paragraph (b) of sub-section (4) of section 18 of
the
Act, each examination the name of which is set out in the first column of the
following table and which is conducted by a university or other public
examining authority in the State or Territory of the Commonwealth specified in
the second
column of that table opposite to the name of that examination is an
examination
for appointment to the position of circuit assistant:
------------------------------------------------------------------------------
--
Examination State or Territory
------------------------------------------------------------------------------
-- School Certificate Examination .......... )(
)(New South Wales
Intermediate Certificate Examination .... )(
)(Australian Capital Territory
Intermediate Certificate Examination .... )(Victoria
Junior Examination ...................... )(Queensland
Intermediate Certificate Examination .... )(
)(South Australia
)(
)(Northern Territory of Australia
Junior Certificate Examination .......... Western Australia
Intermediate Certificate Examination .... Tasmania
------------------------------------------------------------------------------
--
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 8
Prescribed positions for the purposes of sub-section 18 (5A)
8. All positions other than the positions of clerk in the lowest grade and
circuit assistant are prescribed positions for the purposes of sub-section
(5A) of section 18 of the Act.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART III
PART III-CLASSIFICATION AND PROMOTION
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 9
Staff list
9. Copies of a list showing the classification of all officers in the
service of the Commission shall be made available at each office of the
Commission for the information of officers.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 10
Seniority of officers
10. (1) For the purposes of section 21 of the Act, the Commission shall,
subject to this regulation, determine the seniority of officers in accordance
with the respective dates on which the officers commenced duty in connexion
with telecommunications.
(2) For the purposes of this regulation-
(a) an officer appointed to the service of the Commission by virtue of
sub-section (11) of section 18 of the Act shall be deemed to have commenced
duty in connexion with telecommunications on the date on which he was
appointed to the Public Service of the Commonwealth;
(b) an officer appointed to the service of the Commission by virtue of
sub-section (12) of section 18 of the Act who was a former employee of
Amalgamated Wireless (Australasia) Limited shall be deemed to have commenced
duty in connexion with telecommunications on the date on which he was
appointed to the service of that Company;
(c) an officer appointed to the service of the Commission by virtue of
sub-section (12) of section 18 of the Act who was a former employee of Cable
and Wireless Limited shall be deemed to have commenced duty in connexion with
telecommunications on the date which that company recognized, at the time of
the appointment of the former employee as an officer, as the date for
seniority purposes in relation to the former employee;
(d) an officer appointed to the service of the Commission on or after the
first day of October, 1946, who was, immediately before his appointment, an
officer of the Public Service of the Commonwealth or the Public Service of a
State shall be deemed to have commenced duty in connexion with
telecommunications on the date on which he was appointed to the Public Service
of the Commonwealth or the Public Service of the State, as the case may be;
and
(e) an officer, not being an officer referred to in one of the last four
preceding paragraphs, shall be deemed to have commenced duty in connexion with
telecommunications on the date on which he was appointed to the service of the
Commission.
(3) The respective seniorities of two or more officers who are deemed, under
the last preceding sub-regulation, to have commenced duty in connexion with
telecommunication services on the same date, shall be determined by the
Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 11
Notification of provisional promotion
11. The provisional promotion of an officer shall be notified-
(a) in the Staff Circular; and
(b) by mail or telegram to each station of the Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART IIIA
PART IIIA-PRESERVATION OF RIGHTS OF MANAGING DIRECTOR
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 11A
Preservation of rights
11A. (1) The rights which an officer preserves, upon the appointment of the
officer to be the Managing Director under sub-section 9 (2) of the Act, are
the rights in respect of-
(a) leave on account of illness;
(b) long service leave or pay in lieu of long service leave (including pay
to dependants on the death of the officer);
(c) superannuation; and
(d) recreation leave,
to which the officer so appointed would be entitled from time to time if the
officer had remained an officer in the Service of the Commission and had not
been so appointed.
(2) An officer who is appointed to be the Managing Director shall, in
respect of the period of that appointment, be granted leave of absence without
pay and be deemed to be an unattached officer in the Service of the
Commission.
(3) A period of appointment of an officer referred to in sub-regulation (2)
shall be taken, for all purposes, to be part of the period of service of that
officer as an officer in the Service of the Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 11B
Rights upon termination of appointment
11B. Upon the termination of his or her appointment as the Managing Director
(otherwise than upon the ground of misconduct or having attained the age for
retirement from the Service of the Commission), an officer is entitled to be
appointed as an officer in the Service of the Commission of such status and
salary as are determined by the Commission, having regard to-
(a) the position in the Service of the Commission vacated by the officer
upon his or her appointment as the Managing Director; and
(b) the period of that appointment.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART IV
PART IV-ELECTION OF OFFICERS' REPRESENTATIVES AND DEPUTY OFFICERS'
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 12
Branches of the Commission
12. For the purposes of this Part-
(a) the Head Office of the Commission and the respective stations of the
Commission at Bringelly, Broadway, Doonside, La Perouse, Melbourne and
Paddington shall each be deemed to be a branch of the Commission; and
(b) a station of the Commission other than a station referred to in the
last preceding paragraph shall be deemed to be part of the Head Office of the
Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 13
Prescribed classes for purposes of sub-sections 23 (4) and 31 (4)
13. (1) For the purposes of sub-section (4) of section 23 of the Act, the
positions referred to in each of the following paragraphs constitute a
prescribed class of positions:
(a) the positions of Heads of Divisions and Heads of Branches;
(b) positions in the designations of which the word "Engineer" is used
other than positions to which the last preceding paragraph applies;
(c) positions in the designations of which the word "Drafting",
"Draftsman", "Technical" or "Technician" is used other than positions to which
a preceding paragraph of this sub-regulation applies;
(d) positions in the Operations Branch in respect of which the maximum
salary payable is equal to, or greater than, the maximum salary payable in
respect of the position of Traffic Controller other than-
(i) positions to which a preceding paragraph of this sub-regulation
applies; and
(ii) positions in the designation of which the words "Administrative
Assistant", "Administrative Officer" or "Executive Assistant" are used or the
word "Clerk" is used;
(e) positions in the Operations Branch other than-
(i) positions to which a preceding paragraph of this sub-regulation
applies; and
(ii) positions in the designation of which the word "Clerk",
"Reception", "Secretary", "Stenographer", "Stenographic", "Typing" or "Typist"
is used or the words "Clerical Assistant" are used;
(f) positions other than positions to which a preceding paragraph of this
sub-regulation applies, being positions in respect of which the maximum salary
payable is equal to, or greater than, the maximum salary payable in respect of
the position of Administrative Assistant in the lowest grade; and
(g) positions other than positions to which a preceding paragraph of this
sub-regulation applies.
(2) For the purposes of sub-section (4) of section 31 of the Act, each of
the following classes of officers constitutes a prescribed class of
officers:
(a) officers occupying positions in respect of which the maximum salary
payable is equal to, or greater than, the maximum salary payable in respect of
the position of Traffic Controller; and
(b) officers other than those referred to in the last preceding paragraph.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 13A
Prescribed amount for purposes of sub-section 38 (2)
13A. For the purposes of sub-section 38 (2) of the Act, the prescribed
amount is $2,000,000.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 14
Conduct of elections
14. Each election of-
(a) an officers' representative for each of the classes of positions
prescribed by sub-regulation (1) of the last preceding regulation to act as a
member of the Promotions Appeal Board;
(b) a deputy officers' representative for each of those classes to act as a
member of the Promotions Appeal Board;
(c) an officers' representative for each of the classes of officers
prescribed by sub-regulation (2) of the last preceding regulation to act as a
member of the Disciplinary Appeal Board; and
(d) a deputy officers' representative for each of those classes to act as a
member of the Disciplinary Appeal Board,
shall be conducted in accordance with this Part.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 15
Nominations
15. (1) Whenever an election becomes necessary, the Managing Director shall
fix a date on or before which nominations of candidates who propose to submit
themselves for election are to be made.
(2) The Managing Director shall cause notice of the date so fixed to be
published in the Staff Circular and shall, in the notice, invite nominations
to be made on or before that date.
(3) A nomination of a candidate for election-
(a) shall be in writing;
(b) shall be signed-
(i) in the case of an election of an officers' representative or a
deputy officers' representative on the Promotions Appeal Board for the classes
of positions specified in paragraphs (a), (b), (d) and (f) of sub-regulation
(1) of regulation 13 of these Regulations-by not less than four officers who
are eligible to vote at the election for which the candidate is nominated; or
(ii) in any other case-by not less than ten officers who are eligible
to
vote at the election for which the candidate is nominated;
(c) shall have endorsed on it, or shall be accompanied by, a written
statement by the person nominated indicating his consent to the nomination and
his willingness to act if elected; and
(d) shall be lodged with the Managing Director on or before the date fixed
by him under sub-regulation (1) of this regulation.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 16
Election of officers' representative
16. (1) If only one candidate is nominated for election to an office, the
Managing Director shall declare that candidate elected to that office and
shall cause notification of the election to be published in the Staff
Circular.
(2) If two or more candidates are nominated for election to an office, a
poll of officers who are entitled to vote at that election shall be held to
decide the election.
(3) The Managing Director shall cause the names of the persons nominated to
be notified in the Staff Circular and shall, in the notification, specify the
date, not being a date later than twenty-eight days after the date fixed for
receipt of nominations, for the holding of the election.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 17
Eligibility to vote
17. A person who, at the date on which the notification inviting nominations
of candidates for election as officers' representative for a prescribed class
of positions or for election as deputy officers' representative for such a
class of positions was published in the Staff Circular, occupied a position in
that prescribed class of positions is eligible to vote at the election of the
officers' representative or deputy officers' representative for that
prescribed class of positions.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 18
Ballot papers
18. The ballot papers to be used shall, with such alterations as are
necessary, be in accordance with Form F in the Schedule to the Commonwealth
Electoral Act 1918-1953.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 19
Secret ballot
19. The poll shall be by way of secret ballot.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 20
Returning Officer
20. (1) For the purposes of the conduct of the poll, the Managing Director
shall appoint an officer of the Commission to be the Returning Officer.
(2) The officers of each branch of the Commission shall at a meeting of the
branch, specially called for the purpose by the officer in charge of the
branch, appoint an officer of the Commission to be the Deputy Returning
Officer of that branch.
(3) For the purpose of this regulation, the Managing Director shall appoint
an officer to be the officer in charge at the Head Office of the Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 21
Conduct of ballot
21. (1) The Returning Officer shall furnish to each Deputy Returning Officer
such directions as he considers necessary for the conduct of the poll.
(2) Each Deputy Returning Officer shall conduct the ballot at his branch in
accordance with the directions of the Returning Officer and shall, immediately
after the close of the poll, forward to the Returning Officer the ballot
papers of all officers of the Branch who have voted at the poll.
(3) The Returning Officer may, with the approval of the Managing Director,
make arrangements to enable officers who are not able to vote at their
respective branches to vote by post.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 22
Counting of votes
22. (1) The counting of the votes shall take place in the Head Office of the
Commission under the supervision of the Returning Officer.
(2) The provisions of the Commonwealth Electoral Act 1918-1953 and of the
Regulations thereunder relating to an election of a member of the House of
Representatives shall, so far as they are applicable and with such alterations
as are necessary, but subject to these Regulations, be applied by the
Returning Officer in the counting of the votes.
(3) If any question arises as to the admissibility of any ballot-paper, the
question shall be determined by the Returning Officer whose decision shall be
final.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 23
Scrutineers
23. (1) Each candidate may appoint one scrutineer, who shall be an officer
serving at the Head Office of the Commission or at the station of the
Commission at Broadway, La Perouse or Paddington, to represent him at the
counting of the votes and all the proceedings of the counting shall be open to
the inspection of the persons so appointed.
(2) The Returning Officer shall give to each scrutineer at least two days'
notice of the time at which he proposes to count the votes.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 24
Determination of disputes
24. Subject to this Part, if any question arises as to the regularity or
validity of any nomination or as to the voting at any poll, or otherwise as to
any election, it shall be determined by the Chairman of the Commission whose
decision shall be final.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 25
Result of poll
25. The Returning Officer shall notify the Managing Director of the result
of the election not later than twenty-one days after the date of the poll and
the Managing Director shall cause notification of the result of the election
to be published in the Staff Circular.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 26
Term of office
26. (1) Subject to the next succeeding sub-regulation, an officers'
representative and a deputy officers' representative shall hold office for a
period of one year commencing on the date on which the notification of their
election is published in the Staff Circular.
(2) Where a casual vacancy occurs in the office of officers' representative
or deputy officers' representative, the officers' representative or deputy
officers' representative elected to fill the vacancy shall hold office for the
remainder of the term of office of the officer to whose office he has been
elected.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART V
PART V-THE PROMOTIONS APPEAL BOARD
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 27
Interpretation
27. In this Part, "the Board" means the Promotions Appeal Board.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 28
Appeals against provisional promotions
28. (1) An appeal under sub-section (2) of section 22 of the Act shall be in
writing, shall state the grounds of appeal and shall be addressed to the
Chairman of the Board.
(2) Appeals by officers may be lodged by telegram and, if an appeal is so
lodged, it shall be confirmed in writing by the first available post.
(3) An appeal shall be lodged with the Chairman of the Board within
twenty-one days after the date of the Staff Circular in which the provisional
promotion is notified.
(4) Upon the expiration of the period of twenty-one days referred to in the
last preceding sub-regulation, the Chairman of the Board shall notify the
Managing Director whether or not an appeal has been lodged within that period
and, if an appeal has been so lodged, shall notify the Managing Director of
the name of the appellant or appellants.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 29
Hearing of appeals against provisional promotions
29. (1) The Chairman of the Board shall fix the time and place for meetings
of the Board and shall cause notice thereof to be given to the members of the
Board, to the person provisionally promoted and to the appellant or
appellants.
(2) The procedure at meetings of the Board shall be as directed by the
Chairman of the Board.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 30
Determination of appeals
30. The Chairman shall, forthwith after an appeal has been determined by the
Board, furnish a statement of the determination under his hand to the Managing
Director, to the person provisionally promoted and to the appellant or
appellants.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART VI
PART VI-THE DISCIPLINARY APPEAL BOARD
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 31
Interpretation
31. In this Part, "the Board" means the Disciplinary Appeal Board.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 32
Appeals against punishments
32. (1) An appeal under section 30 of the Act shall be in writing, shall
state the grounds of appeal and shall be addressed to the Chairman of the
Board.
(2) An appeal shall be lodged with the Chairman of the Board within thirty
days after the date on which the appellant receives notice of the matter in
respect of which he desires to appeal.
(3) The Chairman of the Board shall fix a time and place for the hearing of
an appeal and shall cause notice thereof to be given to the members of the
Board, to the appellant and to the Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 33
Particulars to be furnished
33. (1) The Commission shall furnish to the Chairman of the Board and to the
appellant, within seven days after the date on which the Commission receives
notice of an appeal, or within such shorter time as the Chairman of the Board
determines, particulars of the action taken by the Commission in respect of
which the appeal has been lodged and the Commission's reasons for taking that
action.
(2) The Chairman of the Board may direct that further particulars be
furnished, and the Commission shall furnish further particulars accordingly.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 34
Hearing to be in camera
34. The hearing of an appeal by the Board shall be in camera unless the
Board otherwise decides.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 35
Statements relating to appeal
35. (1) The appellant and the Commission may lodge with the Board statements
relating to the appeal.
(2) A copy of a statement lodged under the last preceding sub-regulation,
shall be furnished by the appellant or the Commission, as the case may be, to
the other party to an appeal.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 36
Evidence
36. (1) On the hearing of an appeal the appellant and the Commission may
call oral evidence.
(2) The Chairman may, by writing under his hand, summon any person to attend
the Board at a time and place mentioned in the summons and then and there to
give evidence and to produce such books, documents and writings in his custody
or control as are specified in the summons.
(3) A summons under the last preceding sub-regulation shall be served
personally or by leaving it at the usual place of abode of the person to whom
it is addressed.
(4) A person served with a summons to attend the Board shall not, without
reasonable excuse, fail to attend the Board or to produce any documents, books
or writings in his custody or control which he is required by the summons to
produce.
Penalty: $100.
(5) It is a defence to a prosecution for an offence under the last preceding
sub-regulation if the defendant proves that the documents, books or writings
were not relevant to the matter before the Board.
(6) A person appearing as a witness before the Board shall not refuse-
(a) to be sworn or to make an affirmation; or
(b) to answer any question relevant to the matter before the Board put to
him by a member of the Board.
Penalty: $100.
(7) Nothing in the last preceding sub-regulation requires a person to answer
any question which would tend to incriminate him.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 37
Representation by appellant and Commission
37. (1) An appellant may be represented by not more than one counsel or
solicitor or by an officer of the Commission and the appellant's
representative may examine witnesses and address the Board on behalf of the
appellant.
(2) The Commission may be represented by not more than one counsel or
solicitor or by an officer of the Commission appointed for the purpose by the
Managing Director and the Commission's representative may examine witnesses
and address the Board on behalf of the Commission.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 38
Board not to be bound by rules of evidence
38. The Board shall make a thorough investigation without regard to legal
form and solemnities and shall not be bound by the rules of evidence, but may
inform itself on any matter in such manner as it thinks fit.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 39
Proceedings where appellant or witness in remote locality
39. (1) Where it appears to the Board that it is undesirable by reason of an
appellant being stationed in a remote locality or by reason of expense,
inconvenience or delay to require the appellant or any particular witness to
attend before the Board to give evidence, the Board may, by order in writing
under the hand of the Chairman, appoint some fit and proper person to take the
evidence of the appellant or witness.
(2) The person so appointed shall take the evidence of the appellant or
witness on oath or affirmation and for the purpose of so doing shall have all
the powers of the Chairman of the Board.
(3) The evidence so taken shall be certified under the hand of the person
taking it and forwarded to the Board and considered by it in connexion with
the appeal.
(4) A party to an appeal is entitled to be represented, in the manner
provided by regulation 37 of these Regulations, before a person taking
evidence in pursuance of this regulation.
(5) Nothing in this regulation prevents an appellant from appearing in
person at the hearing of an appeal by the Board.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 40
Decision on the appeal
40. A statement of the decision of the Board under the hand of the Chairman
shall be furnished to the Commission and the appellant within seven days after
the decision is made.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 41
Costs
41. (1) The Board may recommend that all or any part of the costs or
expenses incurred by an appellant in connexion with an appeal be paid by the
Commission, in which case the Commission shall make payment accordingly.
(2) The Board may make a recommendation under the last preceding
sub-regulation, whether or not the appeal was successful.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART VII
PART VII-FURLOUGH RIGHTS OF FORMER EMPLOYEES OF CABLE AND WIRELESS LIMITED
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 42
Period which is deemed to be a period of employment by the Commonwealth for
the
purposes of section 18B
42. (1) In this regulation, "the Company" means Cable and Wireless Limited.
(2) For the purposes of the application of the Commonwealth Employees'
Furlough Act 1943-1953 in relation to an officer appointed under sub-section
(12) of section 18 of the Act who was a former employee of the Company, the
period for which the officer was employed continuously by the Company
immediately before his appointment as an officer and after the seventh day of
April, 1929, shall be deemed to be a period of employment by the Commonwealth,
subject to the condition that, in the case of an officer who was so employed
continuously for a period exceeding ten years, each year during which the
officer was so employed in excess of ten years shall, for the purposes of this
regulation, be deemed to be a period of employment of two-ninths of a year.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - PART VIII
PART VIII-LIABILITY OF COMMISSION TO TAXATION
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS - REG 43
Liability to taxation
43. For the purposes of sub-section 52 (3) of the Act, sub-section 52 (2) of
the Act does not apply in relation to taxation under-
(a) a law of a State or Territory that relates to the imposition upon
employers of a tax on wages paid or payable by them or to the assessment or
collection of such a tax; or
(b) an enactment within the meaning of sub-section 4 (1) of the Norfolk
Island Act 1979 that relates to the imposition of customs duties upon goods
imported into the Territory of Norfolk Island.
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