55Interpretation

##### 55 Interpretation (1) In this Division, unless the contrary intention appears: > Disciplinary Appeal Committee means a Disciplinary Appeal Committee established in accordance with Subdivision C of Division 2 of Part II of the Merit Protection Act. > eligible public employment has the same meaning as in Part IV. > misconduct, in relation to an officer, means a failure of the officer to fulfil his duty as an officer. > original office means: (a) in the case of a person who has been dismissed from the Service under section 62 or 63: (i) if the person held an office immediately before his dismissal—that office; or (ii) if the person was an unattached officer performing duty in a Department immediately before his dismissal—an office in that Department the duties of which correspond to the duties he was performing, and the classification of which is the same as the classification applicable to him, immediately before his dismissal; (b) in the case of a person who has been dismissed from the Service under section 63M or has, while he was a person to whom Division 3 of Part IV applied, been dismissed from eligible public employment: (i) if, at any time after he last performed duty in the Service, he has, in accordance with section 87G, become the holder of an office in the Service—the last office of which he so became the holder; (ii) if he is not a person to whom subparagraph (i) applies but was the holder of an office when he last performed duty in the Service before his dismissal—that office; or (iii) if he is not a person to whom subparagraph (i) applies but was an unattached officer performing duty in a Department when he last performed duty in the Service before his dismissal—an office in that Department the duties of which correspond to the duties he was performing, and the classification of which is the same as the classification applicable to him, when he last performed duty in the Service before his dismissal; (c) in the case of a person who is deemed, under section 66A, to have retired from the service: (i) if the person held an office immediately before he was deemed so to have retired—that office; or (ii) if the person was an unattached officer performing duty in a Department immediately before he was deemed so to have retired—an office in that Department the duties of which correspond to the duties he was performing, and the classification of which is the same as the classification applicable to him, immediately before he was deemed to have retired; and (d) in the case of an officer who has been transferred to another office under section 62, 63 or 63D—the office held by the officer immediately before his transfer. > salary includes such allowances as are prescribed. (2) A power conferred by a provision of this Division to re‑appoint a person to an office includes a power to re‑appoint the person to the Service as an unattached officer to whom there is applicable a salary or range of salary equivalent to the salary or range of salary applicable to that office. (3) Where the services of an officer have been made available, in accordance with the provisions of an Act, to a body established by or under an Act or Ordinance of a Territory and the officer performs his services for that body by performing the duties of an office in a Department, the officer shall be deemed, for the purposes of this Division, to be performing duty in that Department. (4) A reference in this Subdivision or Subdivision C or E to an officer shall be read as not including a reference to a person who is an unattached officer for the purposes of Subdivision D.