63FNullification of conviction

##### 63F Nullification of conviction (1) For the purposes of this section, a finding of a court in relation to an offence shall be regarded as having been nullified: (a) where a person has been convicted on the basis of that finding—if the conviction has subsequently been quashed or otherwise nullified or the person convicted has received a pardon or has been released from prison as a result of an inquiry into the conviction; or (b) in any other case—if the finding has been set aside. (2) Where, after a person has been dismissed from the Service under section 63 or 63M by reason of his having been found by a court to have committed a criminal offence, the finding of the court is nullified, the person may apply to the Board, in writing, for re‑appointment to the Service. (3) Where, after an officer has been transferred to another office under subsection 63(1) or 63D(4) by reason of his having been found by a court to have committed a criminal offence, the finding of the court is nullified, the officer may apply to the Board, in writing, for transfer to an appropriate office. (4) A person who: (a) has been dismissed from the Service, or has, while he was a person to whom Division 3 of Part IV applied, been dismissed from eligible public employment, by reason of his having been found by a court to have committed a criminal offence; and (b) has subsequently been re‑appointed to the Service; may, if the finding of the court is nullified, apply to the Board, in writing, for transfer or promotion to an appropriate office at any time after the finding is nullified and before he ceases to be an officer or, if he becomes a person to whom Division 3 of Part IV applies upon ceasing to be an officer, before he ceases to be such a person. (5) The Board shall refer an application made to it under subsection (2), (3) or (4) to the Secretary who is, in the opinion of the Board, appropriate to consider it. (6) Where an application is referred to a Secretary under subsection (5), the Secretary shall consider the application and: (a) if he is satisfied that it is, in all the circumstances reasonable that the applicant be re‑appointed to the Service, or transferred or promoted to an appropriate office, as the case may be—shall recommend to the Board that the applicant be so re‑appointed, transferred or promoted; or (b) if he is not so satisfied—shall recommend to the Board that the application be refused. (7) Where the Secretary recommends to the Board that an application under subsection (2), (3) or (4) be refused: (a) he shall notify the applicant, in writing, accordingly and furnish to him and to the Board the reasons for his recommendation; and (b) the applicant may appeal to a Disciplinary Appeal Committee against the recommendation. (8) A Disciplinary Appeal Committee shall hear each appeal made to it under subsection (7) and may: (a) confirm the recommendation appealed against; or (b) recommend to the Board that the appellant be re‑appointed to the Service, or be transferred or promoted to an appropriate office, as the case may be; and shall furnish to the appellant and to the Board the reasons for its decision on the appeal. (9) Upon receipt of a recommendation of the Secretary in pursuance of subsection (6), or of a decision on appeal of a Disciplinary Appeal Committee under subsection (8), the Board may, subject to subsection (10): (a) where the recommendation or decision relates to an application under subsection (2): (i) if the applicant was dismissed under section 63—appoint the applicant to the Service to fill an appropriate office or, with the consent in writing of the applicant, another office; (ii) if the applicant was dismissed under section 63M but is engaged in eligible public employment—appoint the applicant to the Service as an unattached officer on leave without pay, having such rights with respect to appointment, promotion or transfer to an office in the Service as he had at the time of his dismissal; or (iii) if the applicant was dismissed under section 63M but is not engaged in eligible public employment—appoint the applicant to the Service to fill an appropriate office or, with the consent in writing of the applicant, another office; (b) where the recommendation or decision relates to an application under subsection (3)—transfer the applicant to an appropriate office; or (c) where the recommendation or decision relates to an application under subsection (4): (i) if the applicant is an officer—transfer the applicant to an appropriate office; or (ii) if the applicant is a person to whom Division 3 of Part IV applies—transfer or promote the applicant under that Division to an appropriate office. (10) Where a Secretary in pursuance of subsection (6), or a Disciplinary Appeal Committee under subsection (8), recommends that a person be re‑appointed to the Service or that an officer be transferred to an appropriate office, the Board shall re‑appoint the person to the Service or transfer the officer, as provided in subsection (9). (11) Where a person who had, under this Division, been dismissed from the Service, is re‑appointed to the Service under this section, the person shall be deemed, during the period commencing on the day immediately following the day on which he was so dismissed and ending on the day immediately preceding the day on which he was so re‑appointed, to have continued in the Service and to have been absent from duty on leave of absence without pay, and the Board shall determine whether that period, or any part of that period, is to form part of the officer’s period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976 or the Superannuation Act 1990) and, if so, the purposes for which it is to form part of the period of his service. (12) In this section, appropriate office, in relation to a person or to an officer, means the original office occupied by that person or officer, an equivalent office, or, if such an office is not available, an office determined by the Board to be as nearly as possible equivalent to the original office occupied by that person or officer.