Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 17

17. (1) A Disciplinary Appeal Committee established for the purpose of an
appeal under section 63D, 63F, 63P or 66B of the Public Service Act 1922, or
of a request under section 63G of that Act, shall be constituted by-

   (a)  a Chairman, who shall be a person appointed by the Agency to be a
        Chairman of a Disciplinary Appeal Committee;

   (b)  a person nominated by the Chief Officer of the officer who appealed or
        made the request; and

   (c)  a person nominated as provided by the regulations to represent
        officers.

(2) A person shall not be appointed as the Chairman of a Disciplinary Appeal
Committee unless he is or has been a Magistrate or is enrolled as a legal
practitioner of the High Court, of another federal court or of the Supreme
Court of a State or Territory and has been so enrolled for not less than 5
years.

(3) The person referred to in paragraph (1) (b) and the person referred to in
paragraph (1) (c) shall be nominated for the purposes of a particular appeal
only and a person concerned in the laying of, or in the inquiry held in
respect of, a charge under section 61 of the Public Service Act 1922, or in
the making of a direction under sub-section 63 (1) of that Act, shall not be
nominated for the purpose of an appeal relating to that charge or for the
purpose of an appeal against that direction or against a decision made in
pursuance of that direction, as the case may be.

(4) If a Disciplinary Appeal Committee is of the opinion that an officer who
had appealed to it under section 63D, 63F or 66B of the Public Service Act
1922 had no reasonable grounds for that appeal, and that the appeal was
frivolous or vexatious, it may order that the person pay such sum, not
exceeding the cost of the hearing, as it specifies in the order and the sum so
ordered to be paid may be recovered by deductions from the salary of the
officer under section 65 of that Act.