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PUBLIC SERVICE AND STATUTORY AUTHORITIES AMENDMENT ACT 1980 No. 177, 1980 - SECT 58

58. After section 33 of the Principal Act the following sections are inserted:
No work as directed-no pay

"33AA. (1) Where an officer or 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 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 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
        employee; and

   (b)  shall, upon becoming satisfied that an officer or 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 employee to comply with a particular direction, or
with particular directions, has effect in accordance with sub-section (2)
notwith- 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 employee.



"(8) While a declaration under sub-section (1) is in force in respect of the
refusal or failure of an officer or employee to comply with a direction, or
with two or more directions, proceedings shall not be taken against the
officer or employee under section 29 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 employee under
section 29 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 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, as 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

"33AB. (1) Section 33AA has full force and effect, and declarations in force
under sub-section 33AA (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 33AA shall be deemed to be a prescribed provision of the Overseas
Telecommunications Act 1946 for the purposes of-

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

   (b)  sub-section 41A (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 33AA (1) shall be taken as affecting-

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

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


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