Div 7Forfeiture of Office

Division 7—Forfeiture of Office Forfeiture of office. 68. (1) Where an officer is absent from duty without permission, and has been so absent for a continuous period of not less than 4 weeks, the Commission may send to him by pre-paid registered post addressed to him at the address of the officer last known to the Commission a notice informing him that unless within a period of 2 weeks from and including the date on which the notice was sent— (a) he returns to duty; or (b) he explains his absence and seeks the permission of the Commission for any further period of absence that may be necessary having regard to that explanation, he will be deemed to have resigned upon the expiration of that period of 2 weeks. (2) Where an officer to whom a notice under sub-section (1) has been sent does not, within a period of 2 weeks from and including the date on which the notice was so sent— (a) return to duty; or (b) explain his absence and seek the permission of the Commission for a further period of absence, and the notice has not been revoked under sub-section (11), he shall be deemed to have resigned on the day following the expiration of that period of 2 weeks. (3) Where a notice has been sent to an officer under sub-section (1) and, within the period of 2 weeks after that notice was so sent, the officer explains his absence and seeks the permission of the Commission for a further period of absence, the Commission shall, as soon as practicable, consider the matter and may, by notice in writing sent to him by pre-paid registered post addressed to him at his address last known to the Commission, inform him— (a) that he has been granted leave of absence for such period and on such conditions as are specified in the notice; or (b) that he is required to return to duty and that, unless he returns to duty within a period of 2 weeks from and including the date on which the notice is sent he will be deemed to have resigned upon the expiration of that last-mentioned period. (4) Where an officer who is required by a notice sent to him under sub-section (3) to return to duty does not return to duty within the period referred to in the notice and the notice is not revoked under sub-section (11), he shall be deemed to have resigned on the day following the expiration of that period. (5) A person who is deemed to have resigned his office in accordance with sub-section (2) or (4) may apply, in writing, to the Commission for re-appointment. (6) Where the Commission is satisfied that a person making application under sub-section (5) had reasonable grounds for being absent, it may appoint the person as an officer, without probation, to fill his original position or an equivalent position, or, if such a position is not available, an available position as nearly as possible equivalent to his original position. (7) Where the Commission refuses an application under sub-section (5), it shall notify the applicant, in writing, accordingly and furnish to him the reasons for its refusal. (8) Where the Commission has refused an application under sub\-section (5) the applicant may appeal against the refusal to a Disciplinary Appeal Board established under section 66. (9) A Disciplinary Appeal Board shall hear each appeal submitted to it under sub-section (8) and may— (a) confirm the refusal appealed against; or (b) direct the Commission as follows, that is to say that it appoint the person as an officer, without probation, to fill his original position or an equivalent position, or, if such a position is not available, an available position as nearly as possible equivalent to the original position. (10) The provisions of sub-sections 65(3), (4), (8) and (9) apply to appeals made under this section in like manner as they apply to appeals against refusals by the Commission of applications under sub-section 64(3). (11) The Commission may, at any time before an officer is to be deemed to have resigned under this section, by notice in writing sent to the officer by pre-paid registered post addressed to him at his address last known to the Commission, revoke a notice previously sent to the officer under this section and the notice is then void and of no effect.