Telecommunications 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 May 1984.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
M. J. DUFFY
Minister of State for Communications
—————
“‘disciplinary appeal’ means-
(a) an appeal under section 62 of the Act by an officer; or
(b) an appeal under section 62 of the Act by an employee to whom that section applies by virtue of regulation 35a;”.
“15. In this Part—
‘appropriate organization’ means—
(a) in the case of a disciplinary appeal by an appellant who is a member of only one organization—that organization;
(b) in the case of a disciplinary appeal by an appellant who is a member of 2 or more organizations—whichever of those organizations is nominated by the appellant;
(c) in the case of a disciplinary appeal by an appellant who is not a member of the only organization of which officers or employees are members and under the rules of which the appellant is eligible for membership—that organization;
(d) in the case of a disciplinary appeal where the appellant is not a member of an organization and there are 2 or more organizations of which officers or employees are members and under the rules of which the appellant is eligible for membership—whichever of those organizations is nominated by the appellant; and
(e) in the case of a disciplinary appeal referred to in paragraph (b) or (d) where the appellant has not, on or before receipt by the Commission of the disciplinary appeal, nominated an organization for the purposes of that paragraph—whichever of the organizations referred to in that paragraph is determined by the Commission;
‘postal article’ has the same meaning as in the
Postal Services Act 1975 ;‘working day”, in relation to a disciplinary appeal, does not include a Saturday, Sunday or a day that is a holiday for officers or employees whose duties include the performance of an act in relation to which the expression is relevant.
“(2) In sub-regulations 16 (2), 17 (2), (3) and (4), regulation 18 and sub-regulations 18a (2) and (5), a reference to an instrument in writing includes a reference to a postal article or a telecommunications message.
“16. (1) In sub-regulation (2), ‘appropriate office’, in relation to a disciplinary appeal, means the principal office of the headquarters, or State, administration for which the appellant normally performs his duties.
“(2) A disciplinary appeal shall be made by an appellant by instrument in writing—
(a) sent by post to the appropriate office as a postal article;
(b) lodged at the appropriate office as a telecommunications message; or
(c) where an individual lodges it in person—lodged at the appropriate office with a person whom the individual believes on reasonable grounds to be acting on behalf of the Commission,
not later than 14 days after the date on which the appellant receives notice of the admonition, direction, decision, or refusal from which he is appealing.
“(3) A disciplinary appeal shall set out the grounds of appeal.
“17. (1) For the purposes of paragraph 63 (2) (c) of the Act with respect to a disciplinary appeal by an officer or, by virtue of regulation 35a, an employee, the nomination as a member of a Disciplinary Appeal Board of a person to represent officers or employees, as the case requires, shall be in accordance with this regulation.
“(2) Within 5 working days after the day on which it receives a disciplinary appeal or, if that is not practicable, as soon as practicable after receiving the appeal, the Commission shall, by instrument in writing—
(a) give to the appropriate organization notice of—
(i) the name and address of the appellant;
(ii) the matter that is the subject of the appeal;
(iii) the grounds of the appeal;
(iv) the name of the person appointed under paragraph 63 (2) (a) of the Act by the Minister to be the Chairman of the Disciplinary Appeal Board to be established for the purposes of the appeal; and
(v) the name of the officer nominated under paragraph 63 (2) (b) of the Act by the Commission to be a member of that Board; and
(b) request that organization to nominate as a member of that Board—
(i) where the appellant is an officer—a person to represent officers; or
(ii) where the appellant is an employee—a person to represent employees.
“(3) Within 5 working days after the day on which it receives a request under sub-regulation (2) to nominate a person as a member of a Disciplinary Appeal Board or, if that is not practicable, as soon as practicable after receiving the request, the appropriate organization shall, by instrument in writing given to the Chairman of that Board and to the Commission, nominate as a member of that Board a person to represent officers or employees, as the case requires.
“(4) Where an appropriate organization fails to nominate in accordance with sub-regulation (3) a person as a member of a Disciplinary Appeal Board, the Commission shall, by instrument in writing given to the Chairman of that Board and to that organization, nominate as a member of that Board a person to represent officers or employees, as the case requires.
“18. Within 5 working days after the day on which it receives a disciplinary appeal or, if that is not practicable, as soon as practicable after receiving the appeal, the Commission shall give to the Chairman, each member of the
Disciplinary Appeal Board established for the purposes of the appeal and the appellant—
(a) a copy of the instrument in writing by which the disciplinary appeal has been made by the appellant under sub-regulation 16 (2);
(b) a copy of the instrument in writing given to the appropriate organization under sub-regulation 17 (2);
(c) a copy of the instrument in writing, if any, by which the admonition, direction, decision or refusal from which the appellant is appealing was effected; and
(d) a copy of an instrument in writing, approved by the person who made, gave or issued that admonition, direction, decision or refusal, setting out his reasons for so making, giving or issuing it.
“18a. (1) On receiving the copies referred to in regulation 18 relating to a disciplinary appeal, the Chairman of the Disciplinary Appeal Board that is to hear the appeal shall, by instrument in writing or otherwise, request the Commission to make an arrangement for the appeal to be heard.
“(2) On receiving a request referred to in sub-regulation (1) from the Chairman of a Disciplinary Appeal Board for a disciplinary appeal to be heard, the Commission shall, by the most expeditious means it is reasonable for it to use, make an arrangement for the appeal to be heard, as soon as possible, at a time and place agreed on by the Chairman, the other members of the Board, the appellant and the Commission.
“(3) Where a time and place for hearing a disciplinary appeal by a Disciplinary Appeal Board has been arranged under sub-regulation (2) or this sub-regulation, the Chairman of the Board may on his own motion or on receipt of a request, by instrument in writing or otherwise, from another member of the Board or the appellant, request the Commission to make an arrangement for the hearing to be cancelled and for the appeal to be heard at another time or place.
“(4) On receiving a request referred to in sub-regulation (3) from the Chairman of a Disciplinary Appeal Board relating to the hearing of a disciplinary appeal, the Commission shall, by the most expeditious means it is reasonable for it to use, make an arrangement for the hearing to be cancelled and for the appeal to be heard at another time and place agreed on by the Chairman, the other members of the Board, the appellant and the Commission.
“(5) Within 5 working days after the day on which it receives a request referred to in sub-regulation (1) or (3) from the Chairman of a Disciplinary Appeal Board to make an arrangement for a disciplinary appeal to be heard or, if that is not practicable, as soon as possible after receiving that request, the Commission shall, by instrument in writing, give notice to him, the other members of the Board and the appellant of the time and place for hearing the appeal arranged under sub-regulation (2) or (4) or fixed under sub-regulation (7).
“(6) Where a notice of a time and place for hearing a disciplinary appeal by a Disciplinary Appeal Board has been given under sub-regulation (5) and the hearing has been cancelled and another time and place for the hearing has been arranged under sub-regulation (4), the Commission shall, in the notice of the last-mentioned hearing given under sub-regulation (5), revoke the first-mentioned notice.
“(7) Where for any reason a time and place for hearing a disciplinary appeal cannot be agreed on expeditiously in accordance with sub-regulation (2) or (4), the Chairman shall fix a time and place for the hearing.
“(8) In fixing under sub-regulation (7) a time and place for hearing a disciplinary appeal, the Chairman of the Disciplinary Appeal Board shall have regard to the time that is likely to be taken—
(a) for the notice of the hearing to reach the persons to whom it has been sent; and
(b) for those persons to arrange to travel, and to travel, to the place fixed for the hearing.
“18b. At the commencement, or during the course, of the hearing of a disciplinary appeal the appellant may alter the grounds of the appeal.”.
(a) by inserting in sub-regulation (2) “or employee” after “officer”; and
(b) by inserting in sub-regulation (3) “or employee” after “officer”.
1. Notified in the
Commonwealth of Australia Gazette on 7 June 1984.2. Statutory Rules 1975 No. 131 as amended by 1976 No. 247; 1977 No. 27; 1981 Nos. 87 and 138; 1982 Nos. 92 and 218.
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