Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 29

29. (1) Section 47 of the Principal Act is amended-

   (a)  by omitting paragraph (7) (c) and substituting the following
        paragraph:

''(c) direct, subject to sub-sections (7A) and (7B), that he continue on
probation for such further period as the Board thinks fit.'';

   (b)  by inserting after sub-section (7) the following sub-sections:

''(7A) Subject to sub-section (7B), the Board shall not direct that a
probationer continue on probation for a further period if the total period of
his probation would exceed 1 year.

''(7B) Where a probationer holds a training office, the Board may direct that
the probationer continue on probation until he is promoted or transferred to
an office that is not a training office.'';

(c) by inserting in sub-section (8) '', subject to sub-section (8AA),'' after
''confirm or'';

   (d)  by inserting after sub-section (8) the following sub-sections:

''(8AA) Where, in accordance with sub-section (7B), the Board directs that a
probationer continue on probation until he is promoted or transferred to an
office that is not a training office, the Board shall not, after the period of
1 year commencing on the day on which the probationer commences duties in
pursuance of his appointment, annul his appointment except on the ground that
his performance in the course of training required of the occupant of the
training office has not been satisfactory.

''(8AB) Where-

   (a)  in accordance with sub-section (7B), the Board directs that a
        probationer continue on probation until he is promoted or transferred
        to an office that is not a training office; and

   (b)  the probationer is, after the period of 1 year commencing on the day
        on which he commenced duties in pursuance of his appointment, promoted
        or transferred to an office that is not a training office,

the appointment of the probationer shall be taken to have been confirmed on
the day on which the promotion or transfer takes effect.

''(8AC) Where-

   (a)  paragraph (8AB) (a) applies in relation to a probationer; and

   (b)  the probationer is, before the expiration of the period referred to in
        paragraph (8AB) (b), promoted or transferred to an office that is not
        a training office,

the probationer shall continue on probation as if the Board had not made a
direction under sub-section (7B) in relation to the probationer.''; and

   (e)  by adding at the end thereof the following sub-section:

''(16) In this section, 'training office' means an office that is specified in
a determination made by the Board under sub-section 53B (1) as an office the
occupant of which is required to undergo a course of training for the purpose
of enabling him to perform duties that require professional, technical or
other knowledge.''.

(2) Section 47 of the Principal Act is amended by omitting from sub-section
(16) ''53B (1)'' and substituting ''53A (1)''.

(3) The amendments made by sub-section (1) apply to and in relation to
appointments on probation made after the commencement of that sub-section.