Commonwealth Numbered Regulations

1984 No. 430 COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT REGULATIONS (AMENDMENT) - REG 6

6. After regulation 12 of the Principal Regulations the following Division,
heading and regulation are inserted:

"Division 2-Appeals by Senior Executive Service officers Interpretation of
Division 2

"12A. (1) In this Division, 'officer' means a Senior Executive Service
officer.

"(2) In this Division, a reference to an appeal shall be read as a reference
to-

   (a)  an appeal by an officer against a declaration under sub-section 76K
        (1) of the Public Service Act 1922 that the officer is eligible for
        redeployment; or

   (b)  an appeal by an officer against the giving of notice to the officer
        under sub-section 76L (3) of that Act in respect of the transfer or
        retirement of the officer, as the case requires. Form of
        appeal-lodgment-procedure

"12B. (1) An appeal shall be made in writing and shall specify the ground of
appeal.

"(2) Without limiting the generality of sub-regulation (1)-

   (a)  an appeal referred to in paragraph 12A (2) (a) shall specify in what
        respect (if any) it is claimed that any relevant administrative
        procedures set out in a notice published in the Gazette under
        sub-section 76K (4) of the Public Service Act 1922 have not been
        followed; and

   (b)  an appeal referred to in paragraph 12A (2) (b) shall specify in what
        respect (if any) it is claimed that the Public Service Board did not
        have regard to a matter referred to in sub-section 76L (2) or (4) of
        that Act.



"(3) An appeal by an officer under sub-section 76M (1) or (3) of the Public
Service Act 1922 shall, within the period prescribed for the purposes of
sub-section 76M (1) or (3) of that Act, as the case requires, be delivered, or
posted, to the Director at an address specified by the Director by notice
published in the Gazette as an address at which such appeals may be lodged.

"(4) Subject to regulation 12H, where a notice is given to an officer under
sub-section 76K (2) or 76L (3) of the Public Service Act 1922, the Public
Service Board shall, at the same time, furnish the officer with a statement in
writing setting out in relation to that notice-

   (a)  the facts and circumstances in relation to which a declaration was
        made under sub-section 76K (1) of that Act or in relation to which
        that notice was given under sub-section 76L (3) of that Act, as the
        case may be;

   (b)  the manner in which an appeal may be made in accordance with this
        regulation; and

   (c)  the address at which the appeal may be lodged.



"(5) Where the Director receives an appeal under this regulation, the Director
shall notify the Public Service Board forthwith that the appeal has been made
and shall furnish the Board with a copy of the appeal. Nomination of
management representative on Tribunal

"12C. Where the Public Service Board receives a copy of an appeal from the
Director under sub-regulation 12B (5), the Board shall nominate, for the
purposes of paragraph 16 (2A) (b) of the Act, a person to represent the Board
for the purpose of the appeal and shall inform the Director of the name and
address of the person so nominated. Referral of appeals under this Division to
the Tribunal

"12D. Where the Director receives an appeal under regulation 12B, the Director
shall, as soon as practicable, refer that appeal to a Chairman of a Tribunal
and inform that Chairman of the name and address of the person nominated by
the Public Service Board for the purposes of paragraph 16 (2A) (b) of the Act.
Nomination of officers' representative on Tribunal

"12E. (1) In this regulation, 'prescribed organizations' means the
organizations referred to in regulation 2 of the Commonwealth Employees
(Redeployment and Retirement) (Prescribed Organizations) Regulations.

"(2) Where the Director receives an appeal under regulation 12B, the Director
shall inform the prescribed organizations of-

   (a)  the fact that the appeal has been made;

   (b)  the nature of the appeal and the reasons for the making of the
        declaration or the giving of the notice, as the case may be, to which
        the appeal relates;

   (c)  the name and classification of the appellant; and

   (d)  the name of the Department in which the officer is employed, and the
        Director shall request that those organizations nominate a person for
        the purposes of paragraph 16 (2A) (c) of the Act for the purpose of
        the appeal.

"(3) The person to represent officers as a member of a Tribunal for the
purpose of an appeal shall be a person nominated jointly by the prescribed
organizations and may be a person so nominated in respect of that appeal or a
person so nominated as a person to represent officers in appeals generally or
in appeals included in a particular class of appeals.

"(4) Where the prescribed organizations receive a request under sub-regulation
(2), those organizations shall nominate a person for the purposes of paragraph
16 (2A) (c) of the Act for the purpose of an appeal and shall inform the
Director of the name and address of the person so nominated.

"(5) Upon being informed of the name of the person nominated in accordance
with sub-regulation (4), the Director shall notify the Chairman of the
Tribunal concerned accordingly. Date of hearing of appeal

"12F. (1) Subject to this regulation, as soon as practicable after an appeal
has been referred to a Chairman under regulation 12D, the Chairman shall fix
the date on which, and the time and place at which, the Tribunal will hear the
appeal, and shall forthwith notify the appellant and the persons nominated for
the purposes of paragraphs 16 (2A) (b) and (c) of the Act of that date, time
and place.

"(2) A Chairman shall not fix under sub-regulation (1) a date that is less
than 7 days after the date of expiration of the period prescribed in the
Public Service Regulations for the purposes of sub-section 76M (1) or (3) of
the Public Service Act 1922, as the case requires.

"(3) Where a copy of a supplementary statement is furnished to an appellant
under sub-regulation 12G (3) after the date of expiration of the period
referred to in sub-regulation (2), a Chairman shall not fix under
sub-regulation (1) a date that is less than 7 days after the date on which a
copy of that supplementary statement is so furnished. Documents relating to
appeals

"12G. (1) The Public Service Board shall, as soon as practicable after
receiving a copy of an appeal from the Director, furnish the Director with 5
copies of-

   (a)  the notice given to the appellant under sub-section 76K (2) or 76L (3)
        of the Public Service Act 1922, as the case may be; and

   (b)  the statement referred to in sub-regulation 12B (4).



"(2) The Public Service Board may furnish the Director with a supplementary
statement setting out information in relation to the issues raised by the
appellant and the facts and circumstances in relation to those issues that
were not set out in the statement referred to in sub-regulation 12B (4).

"(3) Subject to regulation 12H, a copy of the supplementary statement referred
to in sub-regulation (2) shall be furnished to the appellant by the Public
Service Board as soon as practicable after the statement has been furnished to
the Director.

"(4) Subject to regulation 12H, the Director shall, as soon as practicable
after the Public Service Board has furnished the Director with the copies of
the notice and statement referred to in sub-regulation (1) and with any
supplementary statement referred to in sub-regulation (2), furnish the
Chairman and each other member of the relevant Tribunal with a copy of that
notice and of each of those statements and with a copy of the appeal.
Non-disclosure of information of a medical or psychiatric nature

"12H. (1) Where-

   (a)  a statement or supplementary statement prepared by the Public Service
        Board for the purposes of sub-regulation 12B (4) or 12G (2), as the
        case may be, contains information of a medical or psychiatric nature
        concerning the appellant; and

   (b)  it appears to the Board that the disclosure of that information to the
        appellant might be prejudicial to the physical or mental health, or
        well-being, of the appellant, the Board may, with the approval of the
        Director, exclude that information from the statement or the copy of
        the supplementary statement required to be furnished to the appellant
        under sub-regulation 12B (4) or 12G (3), as the case requires, and
        give that information instead to a medical practitioner nominated for
        that purpose by the appellant.

"(2) Where information is excluded under sub-regulation (1) from a statement
or a copy of a supplementary statement furnished to an appellant, the Public
Service Board shall, in a separate document accompanying that statement or
that copy, indicate-

   (a)  the nature of the information so excluded;

   (b)  the manner in which that information may be made available to the
        appellant; and

   (c)  that, where the appellant is not satisfied with the manner in which
        the information may be obtained, the appellant may apply to the
        Director for the provision of that information.



"(3) Where information is excluded under sub-regulation (1) from a statement
or a copy of a supplementary statement furnished to an appellant, the Public
Service Board shall, in a separate document accompanying the documents
furnished to the Director under regulation 12G, indicate the information that
has been so excluded.

"(4) Where an appellant is not satisfied with the manner in which he or she
may obtain information excluded in accordance with sub-regulation (1) from a
statement or a copy of a supplementary statement, the appellant may apply to
the Director for the provision of that information.

"(5) Where the Director receives an application under sub-regulation (4) for
the provision of information referred to in that sub-regulation, the Director
shall refer that information to a Commonwealth Medical Officer together with
all other relevant information for advice as to whether or not disclosure to
the appellant of the information excluded in accordance with sub-regulation
(1) would be, or would be likely to be, prejudicial to the physical or mental
health, or well-being, of the appellant.

"(6) Where the Commonwealth Medical Officer to whom information is referred
under sub-regulation (5) advises the Director that provision of that
information or part of that information to the appellant would be, or would be
likely to be, prejudicial to the physical or mental health, or well-being, of
the appellant, the Director shall not provide that information or that part of
that information to the appellant.

"(7) Where information is withheld from an appellant by virtue of the
application of this regulation, the relevant Tribunal shall be so informed and
may, notwithstanding the other provisions of this regulation, release that
information or part of that information to that appellant in such manner and
subject to such conditions or limitations as it considers appropriate in the
circumstances.

"Division 3-Proceedings before Tribunals Interpretation of Division 3

"12J. In this Division, a reference to an appeal shall be read as a reference
to an appeal referred to in paragraph 3 (1) (a), (b), (c) or (d) or 12A (2)
(a) or (b).".