17Constitution of Disciplinary Appeal Committees

##### 17 Constitution of Disciplinary Appeal Committees (1) A Disciplinary Appeal Committee established for the purpose of an appeal under section 63D, 63F or 63P of the Public Service Act 1922, or of a request under section 63G of that Act, shall be constituted by: (a) a Convenor nominated by the Agency; (b) a person nominated by the relevant Secretary in relation to the person who appealed or made the request; and (c) a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation or, in the absence of such a nomination, nominated in such other manner as the regulations provide. (2) A person shall not be appointed as the Convenor of a Disciplinary Appeal Committee unless the person is or has been a Magistrate or is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years. (3) The person first referred to in paragraph (1)(b) and the person referred to in paragraph (1)(c) shall be nominated for the purposes of a particular appeal only and a person concerned in the laying of, or in the inquiry held in respect of, a charge under section 61 of the Public Service Act 1922, or in the making of a direction under subsection 63(1) of that Act, shall not be nominated for the purpose of an appeal relating to that charge or for the purpose of an appeal against that direction or against a decision made in pursuance of that direction, as the case may be. (4) If a Disciplinary Appeal Committee is of the opinion that a person who appealed to it under section 63D, 63F or 63P of the Public Service Act 1922 had no reasonable grounds for that appeal, and that the appeal was frivolous or vexatious or was not made in good faith, it may order that the person pay such sum, not exceeding the cost of the hearing, as it specifies in the order and the sum so ordered to be paid may, where the person is still an officer, be recovered by deductions from the salary of the person under section 65 of that Act. (5) A reference in this section to the relevant Secretary, in relation to a person who has been dismissed from the Service under Division 6 of Part III of the Public Service Act 1922, is a reference to the Secretary of the Department in which the person held an office, or was included, immediately before being dismissed or, if that Department has ceased to exist, the Secretary of such Department as the Public Service Commissioner directs.