145Furnishing of documents to appellants and persons requesting a review

145 Furnishing of documents to appellants and persons requesting a review (1) Subject to subregulations (3) and (4), where a Board of Inquiry is to inquire into a charge, the Public Service Board shall: (a) furnish the charged officer with a copy of all documents intended to be used in the inquiry; and (b) where practicable, do so at least 7 days before the inquiry is to commence. (2) Subject to subregulations (3) and (4), where a Disciplinary Appeal Committee is to hear and determine an appeal, review a finding or review action taken in respect of a charge, the Secretary of the person appealing or requesting the review shall: (a) furnish that person with a copy of all documents intended to be used in the hearing of the appeal or in the review, as the case may be; and (b) where practicable, do so at least 7 days before the hearing or review is to commence. (3) Where: (a) a document referred to in subregulation (1) or (2) contains information of a medical or psychiatric nature concerning the person to whom it is to be furnished under that subregulation; and (b) it appears to the Public Service Board or Secretary, required by that subregulation to furnish that document to that person, that the disclosure of that document to that person might be prejudicial to the physical or mental health or well-being of that person; the Public Service Board or Secretary, as the case may be, may refuse to furnish that person with that document. (4) Where: (a) a document referred to in subregulation (1) or (2) contains information that is relevant to a person other than the charged officer, appellant or person seeking a review; and (b) the furnishing of that document in accordance with that subregulation might be prejudicial to the other person to whom the information referred to in paragraph (a) is relevant; the Public Service Board or Secretary, as the case may be, may refuse to furnish that document to that charged officer, appellant or person requesting a review. (5) Where the Public Service Board or a Secretary refuses under subregulation (3) or (4) to furnish a person with a document, the Public Service Board or that Secretary, as the case requires, shall notify forthwith that person and the Board of Inquiry or Disciplinary Appeal Committee hearing the appeal of that refusal and of the subregulation under which it was made. (6) Where, in relation to a proceeding before a Board of Inquiry or a Disciplinary Appeal Committee, a charged officer, appellant or person requesting a review has not been furnished with a copy of a document that is intended to be used in the proceeding or has been furnished with that document less than 7 days before the proceeding commenced, a person shall not use that document in that proceeding unless he has: (a) notified that Board or Committee accordingly; and (b) furnished that Board or Committee with that document and with the reasons for not furnishing, or for furnishing less than 7 days before the proceeding commenced, the charged officer, appellant or person requesting a review, as the case requires, with a copy of that document. (7) Where a Board of Inquiry or Disciplinary Appeal Committee hearing a proceeding is notified under subregulation (6) that a charged officer, appellant or person requesting a review has not been furnished with a document or has been furnished with a document less than 7 days before that proceeding commenced, that Board or Committee may, after consideration of the contents of the document and of the reasons furnished to it under paragraph (6) (b), subject to subregulation 16 (3) of the Merit Protection (Australian Government Employees) Regulations: (a) order that the document be furnished or shown to that charged officer, appellant or person requesting a review before it is used in that proceeding; (b) where the document is a document to which subregulation (3) applies — order that the document be furnished to a medical practitioner nominated for the purpose by the charged officer, appellant or person requesting a review, as the case may be; (c) order that the document not be used in the proceeding; or (d) permit the document to be used in that proceeding; and in so doing may make such orders in relation to the furnishing of that document to the charged officer, appellant or person requesting a review (including, without limiting the generality of the foregoing, orders adjourning the proceeding) as that Board or Committee thinks fit. (8) In this regulation document includes any part of a document.