38Terms and conditions of employment

#### 38 Terms and conditions of employment (1) The terms and conditions of service or employment (in respect of matters not provided for by this Act) of the employees of the Commission are such as are determined by the Commission by instrument in writing. (2) The terms and conditions of service and employment that may be determined under subsection (1) include terms and conditions specifying: (a) the grounds on which employees, or employees included in a class of employees, may be charged with misconduct; (b) the manner in which charges of misconduct may be dealt with; and (c) the kinds of action that may be taken in relation to employees against whom charges of misconduct are established. (3) A certificate signed by the Managing Director, or another person authorized by the Commission, by instrument in writing, for the purposes of this subsection, that states that: (a) a specified document is a true copy of a determination made by the Commission under subsection (1); or (b) such a determination is in force or was in force during a specified period or was in force at a specified time; is prima facie evidence of the matters stated in the certificate. (4) A document purporting to be a certificate of the kind referred to in subsection (3) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.