158Recording of action taken

158 Recording of action taken (1) Subject to this regulation, where action other than counselling is taken under, or by virtue of the application of, section 57, 58, 62, 63, 63D, 63K, 63L, 63M or 63S of the Act in relation to an officer, the Secretary shall cause a record of the action so taken to be entered in an official conduct record kept and maintained in relation to that officer. (2) Notwithstanding the provisions of this regulation, the Secretary shall not enter under subregulation (1) a record of action taken in relation to an officer while that action is or may become the subject of an appeal to a Disciplinary Appeal Committee under section 63D or 63P of the Act. (3) Subject to subregulation (5), the record of action entered under subregulation (1) in the official conduct record of an officer shall be kept: (a) in the case of admonition — for a period of 2 years; or (b) in any other case — for a period of 5 years; after the date of the taking of the action, at the expiration of which period the Secretary shall cause the record of that action to be destroyed. (4) Where an officer is promoted or transferred from one Department to another Department, the appropriate officer of the Department from which the officer is promoted or transferred shall transmit the official conduct record of the officer to the appropriate officer of the Department to which the officer is promoted or transferred and that record shall be maintained in accordance with this regulation. (5) Notwithstanding subregulation (3), where: (a) a record of action is entered under subregulation (1) in the official conduct record of an officer; (b) a record of action that had previously been taken in relation to that officer is entered in that record; and (c) the period of time for which the record of the action referred to in paragraph (b) is to be kept under subregulation (3) has not expired; the record of action referred to in paragraph (b) shall be kept until the record of action referred to in paragraph (a) is to be destroyed in accordance with subregulation (3). (6) Where, under Division 6 of Part III of the Act, an officer is dismissed from the Service or reduced to an office of lower classification, the provisions of this regulation do not operate so as to require the expunging of a reference to the dismissal or reduction from any record kept in relation to the officer other than his official conduct record or so as to require the destruction of any record other than his official conduct record. (7) Nothing in this regulation affects the taking, keeping or maintaining of any record, other than an official conduct record, in relation to an officer, under the provisions of the Act or these regulations. (8) Where, before the commencement of this regulation, a record of a punishment has been made in the official conduct record of an officer under regulation 24 of the Public Service Regulations as in force immediately before the commencement of this regulation, and where such a record has not been destroyed, that record shall be deemed to have been made under this regulation and the provisions of this regulation apply mutatis mutandis to that record as if this regulation had been in operation when that record was so made.