Commonwealth Numbered Acts

PUBLIC SERVICE AND STATUTORY AUTHORITIES AMENDMENT ACT 1980 No. 177, 1980 - SECT 51

51. After section 43 of the Principal Act the following sections are inserted:
No work as directed-no pay

"44. (1) Where an officer or temporary employee refuses or fails to comply
with a direction given by a person having authority to give the direction,
being a direction with respect to work that he is performing or is to perform,
the Commission may declare that the officer or employee is not to be paid
salary.



"(2) A declaration under sub-section (1) in relation to the refusal or failure
of an officer or temporary employee to comply with a direction-

   (a)  shall specify the time (which may be a time before the declaration is
        made but not earlier than the time when the officer or employee
        refused or failed, or first refused or first failed, to comply with
        the direction) from which the declaration shall have effect, or shall
        be deemed to have had effect; and

   (b)  has effect and shall be deemed to have had effect, according to its
        tenor, from the time so specified until it is revoked in accordance
        with this section.



"(3) An officer or temporary employee is not entitled to be paid salary in
respect of any period in respect of which a declaration under sub-section (1)
has effect, or is to be deemed to have had effect, in relation to him.



"(4) The Commission-

   (a)  may, at any time, vary or revoke a declaration in force under sub-
        section (1) either wholly or in relation to a specified officer or
        temporary employee; and

   (b)  shall, upon becoming satisfied that an officer or temporary employee
        in respect of whom a declaration under sub-section (1) is in force has
        been complying, or will comply, from a particular time, with all
        relevant directions with respect to the work that he is performing, or
        is to perform, given by persons having authority to give those
        directions, revoke, as from that time, that declaration, or that
        declaration in its application to that officer or employee, as the
        case requires.



"(5) A declaration made under sub-section (1) in respect of a refusal or
failure of an officer or temporary employee to comply with a particular
direction, or with particular directions, has effect in accordance with
sub-section (2) notwithstanding that, at any time while it is in force, the
officer or employee-

   (a)  attends for duty and performs work other than work to which that
        direction, or any of those directions, as the case requires, relates;
        or

   (b)  attends for duty and, in the performance of his work, complies with
        that direction, or with some or all of those directions, as the case
        requires, in part only.



"(6) A declaration under sub-section (1), and a variation or revocation of
such a declaration-

   (a)  shall be made in writing; and

   (b)  shall be signed-

        (i)    by a Commissioner; or

        (ii)   by a person to whom the Commission has delegated its powers
               under this section.



"(7) Subject to sub-sections (8) and (9), the powers conferred on the
Commission by this section are in addition to, and not in substitution for,
any other powers conferred by or under this Act on the Commission, on a
Commissioner or on any other person in relation to an officer or temporary
employee.



"(8) While a declaration under sub-section (1) is in force in respect of the
refusal or failure of an officer or temporary employee to comply with a
direction, or with two or more directions, proceedings shall not be taken
against the officer or employee under section 56 in respect of any refusal or
failure of the officer or employee in respect of which that declaration was
made.



"(9) Where proceedings are taken against an officer or temporary employee
under section 56 in respect of any refusal or failure of the officer or
employee to comply with a direction, or with directions, of the kind referred
to in sub- section (1), a declaration shall not be made under sub-section (1)
in respect of any refusal or failure of the officer or employee in respect of
which those proceedings have been taken unless those proceedings have been
finally determined or otherwise terminated.



"(10) Where a declaration is made under sub-section (1) in respect of an
officer or temporary employee, or such a declaration is varied or revoked, the
Commission shall cause such notice as it deems appropriate to be given of the
making of the declaration or of the variation or revocation of the
declaration, the case may be.



"(11) The period during which a declaration under sub-section (1) has effect
in respect of an officer or employee-forms part of his period of service or
employment under this Act for the purposes of the Superannuation Act 1976 but
does not, unless the Commission otherwise determines, form part of his period
of service of employment under this Act for any purpose of this Act or of any
other Act.



"(12) In this section, unless the contrary intention appears-

'direction' includes an order and an instruction;

'salary' includes wages or other remuneration and any allowances that are
declared by the regulations to be included in salary for the purposes of this
definition. Declarations to prevail over awards



"44A. (1) Section 44 has full force and effect, and declarations in force
under sub-section 44 (1) have full force and effect according to their tenor,
notwithstanding any inconsistency-

   (a)  with any other provision of this Act;

   (b)  with any other law of the Commonwealth enacted before the commencement
        of this section; or

   (c)  with any award made before or after the commencement of this section.



"(2) Section 44 shall be deemed to be a prescribed provision of the
Broadcasting and Television Act 1942 for the purposes of-

   (a)  sub-section 22 (2) of the Public Service Arbitration Act 1920; and

   (b)  sub-section 41B (1) of the Conciliation and Arbitration Act 1904.



"(3) Except as provided in sub-section (1), nothing in a declaration in force
under sub-section 44 (1) shall be taken as affecting-

   (a)  the application of any law, or of any award, to or in relation to an
        officer or temporary employee; or

   (b)  the terms and conditions of employment of an officer or temporary
        employee.



"(4) In this section, 'award' includes a determination or other instrument
making provision with respect to terms and conditions of employment, being a
determination or instrument of a kind similar to an award.".