Div 2The Service of the Commission.

Division 2.—The Service of the Commission. Appointment of officers. 18.—(1.) The Commission shall appoint a general manager, who shall be the chief executive officer of the Commission, and it may appoint such other officers as it thinks necessary. (2.) The officers of the Commission shall constitute the Service of the Commission. (3.) A person shall not be admitted to the Service of the Commission unless— (a) he is a natural-born or naturalized British subject; (b) the Commission is satisfied, upon such medical examination as is prescribed, as to his health and physical fitness; and (c) he makes and subscribes an oath or affirmation of allegiance in accordance with the prescribed form, and shall not be appointed to an office in that Service unless he has in open competition successfully passed the prescribed entrance examination: Provided that the Commission may appoint, to such positions or positions of such classes as are prescribed, persons who do not possess all the qualifications specified in this sub-section. (4.) Appointments to positions which are open only to persons who have passed the prescribed entrance examination shall be made in order of merit of their passing that examination. (5.) Adequate notice and particulars of the prescribed entrance examination shall be given by the Commission, to the public, by advertisement in the Gazette and daily newspapers. (6.) The rate of salary payable to the general manager shall be subject to the approval of the Governor-General. (7.) The rate of salary payable to any other officer shall, if it exceeds the rate of Fifteen hundred pounds per annum, be subject to the approval of the Minister. (8.) Officers appointed by the Commission shall, subject to this Division, be subject to such terms and conditions of employment as are determined by the Commission. (9.) Nothing in the last preceding sub-section shall affect the operation of— (a) any award made by the Commonwealth Court of Conciliation and Arbitration prior to the commencement of this section in its application to such employees of the Company or of Cable and Wireless Limited as are appointed to positions in the service of the Commission under sub-section (11.) or (12.) of this section; or (b) any agreement filed prior to the commencement of this section under section twenty-four of the Commonwealth Conciliation and Arbitration Act 1904–1946 in its application to the employees referred to in the last preceding paragraph. (10.) Where an officer appointed in pursuance of this section was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Commission shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928–1940 shall apply as if this Act and this section had been specified in the Schedule to that Act. (11.) Notwithstanding anything contained in this section, every employee of the Company who, in pursuance of the Agreements between the Commonwealth and the Company, dated respectively the twenty-eighth day of March, One thousand nine hundred and twenty-two, the twentieth day of August, One thousand nine hundred and twenty-four, and the fifteenth day of November, One thousand nine hundred and twenty-seven, was taken over from the Commonwealth by the Company and is at the date of acquisition by the Commission of the radiocommunication assets specified in subsection (1.) of section thirty-seven of this Act exclusively or mainly engaged in Australia in or in connexion with radiocommunication services shall be entitled to appointment to a position in the service of the Commission of such status and salary, having regard to the period of service of that employee, as the Commission in the circumstances thinks just, and shall preserve any pension, superannuation, retiring allowance or furlough rights which would have accrued to him if his service in the Commission had been a continuance of his service with the Company. (12.) Notwithstanding anything contained in this section, any other employee of the Company or any employee of Cable and Wireless Limited who, at the date of acquisition by the Commission of the telecommunication assets referred to respectively in sub-sections (1.) and (2.) of section thirty-seven of this Act, is exclusively or mainly engaged in Australia in or in connexion with telecommunication services and for whom the Commission can find suitable employment shall be entitled to a position in the service of the Commission with such status and salary and under such conditions (subject to this Division) as the Commission thinks just: Provided that, in determining the conditions as to the employment of any such employee, the Commission shall take into consideration any pension, superannuation, retiring allowance or furlough rights accruing to him in respect of his service with whichever Company he was previously employed and shall, subject to the approval of the Treasurer of the Commonwealth, make such allowance for those rights as, in the view of the Commission, is just. Creation, abolition and reclassification of positions. 19.—(1.) The Commission may, from time to time, create any position in the Service of the Commission and may abolish any such position. (2.) The Commission may, from time to time, reclassify any position in the Service of the Commission by raising or lowering the salary, or the range of salary, applicable to the position. (3.) Whenever any position is reclassified the position shall be deemed to be vacant. Filling of vacant positions. 20. The Commission may transfer or promote an officer to fill a vacant position in the Service of the Commission. Selection of officers for promotion. 21.—(1.) In the selection of an officer for promotion to a vacant position, consideration shall be given first to the relative efficiency of the officers available for promotion and, in the event of equality of efficiency of two or more officers, then to the relative seniority of those officers. (2.) For the purposes of this section— (a) “efficiency” means special qualifications and aptitude for the discharge of the duties of the position to be filled, together with merit, diligence and good conduct, and, in the case of an officer who has at any time been engaged on war service, includes such efficiency as, in the opinion of the Commission, the officer would have attained but for his absence on war service; and (b) the seniority of officers shall be determined as prescribed. Appeals against promotions. 22.—(1.) The promotion of an officer to a vacant position shall be provisional and without increased salary pending confirmation of the promotion, and shall be notified in the prescribed manner, and shall be subject to appeal as provided by this section. (2.) Any officer who considers that he should have been promoted to a vacant position in preference, to the officer provisionally promoted, may appeal to the Promotions Appeal Board on the ground of superior efficiency or equal efficiency and seniority. (3.) The regulations may prescribe the manner in which, and the time within which, appeals may be made under this section. (4.) Upon any such appeal being made, the Promotions Appeal Board shall make full inquiry into the claims of the appellant and those of the officer provisionally promoted and shall determine the appeal. (5.) Where the appeal is upheld the appellant shall be promoted to the vacant position and the provisional promotion shall be cancelled. (6.) Where the appeal is disallowed, or where no appeal is lodged within the prescribed time, the provisional promotion shall be confirmed. (7.) Notwithstanding anything contained in this section, the Commission may, at any time after notification has been made of a provisional promotion to a vacant position, and before the promotion has been confirmed, cancel the provisional promotion if the Commission is satisfied that the position is unnecessary or can be filled by the transfer of another officer, or that in the circumstances notification or further notification of the vacant position is desirable. (8.) The powers of the Commission under the last preceding sub-section may be exercised whether an appeal has been made or not. Promotions Appeal Board. 23.—(1.) For the purposes of this Division, there shall be an Overseas Telecommunications Commission Promotions Appeal Board (in this Act referred to as “the Promotions Appeal Board”). (2.) The Promotions Appeal Board shall consist of— (a) a Chairman, who shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines; (b) an officer appointed by the Commission; and (c) an officer elected by the officers of the Commission in the prescribed manner (in this section referred to as the “officers’ representative”). (3.) The officers’ representative shall hold office for such period as is prescribed but shall be eligible for re-election. (4.) The officers of the Commission may, in the prescribed manner, elect a deputy of the officers’ representative and the deputy so elected shall hold office for such period as is prescribed but shall be eligible for re-election. (5.) A deputy so elected may, in the event of there being a vacancy in the office of officers’ representative, or in the event of the absence of the officers’ representative (whether in pursuance of a direction given under the next succeeding sub-section, or through illness or otherwise), attend and vote at meetings of the Promotions Appeal Board, and, when so attending and voting at a meeting, shall, for the purposes of sub-section (7.) of this section, be deemed to be a member of the Promotions Appeal Board in lieu of the officers’ representative. (6) Where the Chairman of the Promotions Appeal Board is of opinion that the officers’ representative is personally interested in, or affected by, any question to be considered at a meeting of the Promotions Appeal Board, the Chairman may direct that the officers’ representative shall absent himself from that meeting while that question is considered and decided. (7.) Where, at any meeting of the Promotions Appeal Board, the members are divided in opinion on any question, that question shall be decided according to the decision of the majority. Tenure of office. 24.—(1.) Every officer who has attained the age of sixty years (or, in the case of a female officer, fifty-five years) shall be entitled to retire from the Service of the Commission if the officer desires to do so, but any such officer may, subject to this Division, continue in the Service of the Commission until the officer attains the age of sixty-five years (or, in the case of a female officer, sixty years). (2.) If any officer continues in the Service of the Commission after the officer has attained the age of sixty years (or, in the case of a female officer, fifty-five years), the officer may at any time before attaining the age of sixty-five years (or, in the case of a female officer, sixty years) be retired by the Commission from the Service of the Commission. (3.) Every officer shall, on attaining the age of sixty-five years (or, in the case of a female officer, sixty years), be retired by the Commission from the Service of the Commission. Excess officers. 25.—(1.) If at any time the Commission finds that a greater number of officers is employed than is necessary for efficient working, any officer whom the Commission finds is in excess may be transferred to such other position of equal classification as the officer is competent to fill, and, if no such position is available, the officer may be transferred to a position of lower classification. (2.) If no position is available for the officer, the Commission may retire him from the Service of the Commission. (3.) An officer shall not be retired from the Service of the Commission under this section unless he has been given one month’s notice or is paid salary in lieu of notice. Employment of married women. 26.—(1.) A married woman shall not be appointed to the Service of the Commission except in special cases. (2.) Every female officer shall cease to be an officer on her marriage unless the Commission is satisfied that there are special circumstances which make it desirable that she should continue in the Service of the Commission. Appointments to be on probation. 27. Unless the Commission, in any particular case, otherwise directs, the appointment of every officer (not being an officer to whom sub-section (11.) or (12.) of section eighteen of this Act applies) shall be on probation for a period not exceeding twelve months and the appointment may be terminated by the Commission at any time during that period. Retirement of inefficient, &c., officers. 28.—(1.) If an officer appears to the Commission to be inefficient or incompetent, or unfit to discharge or incapable of discharging the duties of his position, the Commission may retire him from the Service of the Commission, or may transfer him to some other position in the Service of the Commission with salary appropriate to that other position. (2.) An officer shall not be retired from the Service of the Commission under this section unless he has been given at least one month’s notice or is paid salary in lieu of notice. Dismissal for misconduct. 29. The Commission may dismiss an officer, or reduce his status or rate of pay, for incapacity or misconduct. Appeals. 30.—(1.) Where an officer is dismissed, retired, transferred or reduced in status or rate of pay under either of the last two preceding sections, the officer may appeal to the Disciplinary Appeal Board. (2.) The regulations may prescribe the manner in which, and the time within which, appeals may be made under this section. (3.) The Disciplinary Appeal Board shall hear each appeal submitted to it under this section and may confirm, vary or set aside the decision of the Commission. (4.) The decision of the Disciplinary Appeal Board shall be final and the Commission shall take such action as is necessary to give effect to the decision. (5.) On the hearing of an appeal under this section, the Disciplinary Appeal Board may take evidence on oath. Disciplinary Appeal Boards. 31.—(1.) For the purposes of this Division, there shall be an Overseas Telecommunications Commission Disciplinary Appeal Board (in this Act referred to as “the Disciplinary Appeal Board”). (2.) The Disciplinary Appeal Board shall consist of— (a) a Chairman, who shall he appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines; (b) an officer appointed by the Commission; and (c) an officer elected by the officers of the Commission in the prescribed manner (in this section referred to as the “officers’ representative”). (3.) The Chairman of the Disciplinary Appeal Board shall be a person who is or has been a Police, Stipendiary or Special Magistrate of a State or Territory of the Commonwealth. (4.) The officers’ representative shall hold office for such period as is prescribed but shall be eligible for re-election. (5.) The officers of the Commission may, in the prescribed manner, elect a deputy of the officers’ representative and the deputy so elected shall hold office for such period as is prescribed but shall be eligible for re-election. (6.) A deputy so elected may, in the event of there being a vacancy in the office of the officers’ representative, or in the event of the absence of the officers’ representative (whether in pursuance of a direction under the next succeeding sub-section, or through illness or otherwise), attend and vote at meetings of the Disciplinary Appeal Board, and, when so attending and voting at a meeting, shall, for the purposes of sub-section (8.) of this section, be deemed to be a member of the Disciplinary Appeal Board in lieu of the officers’ representative. (7.) Where the Chairman of the Disciplinary Appeal Board is of opinion that the officers’ representative is personally interested in, or affected by, any question to be considered at a meeting of the Disciplinary Appeal Board, the Chairman may direct that the officers’ representative shall absent himself from that meeting while that question is considered and decided. (8.) Where, at any meeting of the Disciplinary Appeal Board, the members are divided in opinion on any question, that question shall be decided according to the decision of the majority. Certain sections not to apply to general manager. 32. Sections nineteen to thirty-one (inclusive) of this Act shall not apply to the general manager of the Commission. Temporary and casual employees. 33. The Commission may appoint such temporary or casual employees as it thinks fit, on such terms and conditions as the Commission determines.