27Discipline

27 Discipline

(1) Where an officer to whom this section applies had, before the commencing day, committed an offence mentioned in section 55 of the Public Service Act 1922‑1975, the officer may be dealt with under Division 6 of Part V of the relevant Act as if he or she had, by reason of having committed that offence, failed to fulfil his or her duty as an officer, within the meaning of that Division, of the relevant Commission. (2) Nothing in subsection (1) shall render a person to whom this section applies liable to be punished twice in respect of the same offence. (3) Where an officer to whom this section applies had been charged with an offence referred to in subsection (1) before the commencing day but the charge had not been disposed of before that day, the relevant authorized officer shall hold an inquiry into the alleged offence and may treat any explanation and reports furnished to a Chief Officer under the Public Service Act 1922‑1975 in connexion with the charge as having been furnished to him or her for the purposes of that inquiry. (4) Where an officer to whom this section applies had appealed under the Public Service Act 1922‑1975 against the decision of a Chief Officer in respect of an offence mentioned in section 55 of that Act, but the appeal had not been disposed of before the commencing day, the appeal shall be heard and determined by a Disciplinary Appeal Board constituted under the relevant Act as if the appeal had been instituted under the relevant Act and, if the Board, on hearing the appeal, confirms the decision of the Chief Officer, the Board shall, in substitution for the decision of the Chief Officer or of that Commission: (a) cause a supervisor of the officer to counsel the officer; (b) admonish the officer; or (c) give a direction or make a recommendation in respect of the officer of a kind referred to in the appropriate subsection but so that a direction is not given and a recommendation is not made that would result in action being taken in respect of the officer that is more severe than the action taken or recommended by the Chief Officer or by that Commission. (5) The relevant Commission shall take such action as is necessary to give effect to a direction or recommendation of a Disciplinary Appeal Board given under paragraph (4)(c). (6) Where an officer to whom this section applies was suspended from duty immediately before the commencing day, the suspension operates on and after the commencing day as if it had been imposed by the relevant Commission under the relevant Act. (7) Where Division 6 of Part V of the relevant Act is extended to apply to a class of employees, subsections (1), (2), (6) and (8) of this section, apply as if references in those subsections to an officer included references to an employee included in that class of employees and employees included in that class of employees who were engaged as employees in pursuance of this Part had been appointed under this Part. (8) In this section: (a) a reference to an officer to whom this section applies is a reference to an officer of the Australian Postal Commission Service or of the Australian Telecommunications Commission Service who is deemed to have been appointed to that Service under this Part; (b) a reference to the relevant Commission is: (i) in relation to an officer in the Australian Postal Commission Service—a reference to the Australian Postal Commission; and (ii) in relation to an officer in the Australian Telecommunications Service—a reference to the Australian Telecommunications Commission; (c) a reference to the relevant Act is: (i) in relation to an officer in the Australian Postal Commission Service—a reference to the Postal Services Act 1975; and (ii) in relation to an officer in the Australian Telecommunications Commission Service—a reference to the Telecommunications Act 1975; (d) a reference to the appropriate subsection is: (i) in relation to an officer in the Australian Postal Commission Service—a reference to subsection 61(9) of the Postal Services Act 1975; and (ii) in relation to an officer in the Australian Telecommunications Commission Service—a reference to subsection 58(9) of the Telecommunications Act 1975; and (e) a reference to the relevant authorized officer is: (i) in relation to an officer in the Australian Postal Commission Service—an officer authorized for the purposes of subsection 61(5) of the Postal Services Act 1975; and (ii) in relation to an officer in the Australian Telecommunications Commission Service—an officer authorized for the purposes of subsection 58(5) of the Telecommunications Act 1975. (9) For the purposes of this section: (a) a charge shall be taken not to have been disposed of if it has not been withdrawn and the Chief Officer has not either dismissed the charge or found the charge to have been sustained; and (b) an appeal shall be taken not to have been disposed of if it has not been withdrawn and it has not been heard and determined.