Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p15
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 36620–39447

a person to a vacant office unless:

    (a) the vacancy in the office was notified in the Gazette and the officer had applied for a transfer that would have had the effect of filling the notified vacancy; or

    (b) the promotion was made without the vacancy in the office having been notified in the Gazette.".

Suspension

36. Section 63B of the Principal Act is amended by omitting subsection (1A) and substituting the following subsections:

  "(1A) Where:

  (a) either:

      (i) an officer has been convicted of a criminal offence; or

        (ii) without recording a conviction, a court has made a finding that an officer has committed a criminal offence; and

    (b) the officer is not subject to a direction or suspension under subsection (1);

the relevant Secretary may, by written notice given to the officer:

    (c) direct the officer to perform temporarily other duties that he or she is qualified to perform (whether at the same or a different locality); or

  (d) suspend the officer from duty.

"(1B) A Secretary is not authorised to suspend an officer under paragraph (1A)(d) unless the Secretary is of the opinion that it would be prejudicial to:

  (a) the effective operation of the Service; or

  (b) the interests of the public, the officer or other officers;

if the officer were to continue to perform the duties of his or her existing office pending the making of a decision under section 63 in relation to the officer.

"(1C) A Secretary is not authorised to suspend an officer under paragraph (1)(d) or (1A)(d) unless:

  (a) the Secretary has first given the officer an opportunity to be heard; or

     (b) the Secretary is of the opinion that it would not be appropriate, in the particular circumstances, to give the officer such an opportunity.".

Removal and variation of suspension

  37. Section 63C of the Principal Act is amended:

    (a) by omitting from paragraph (4)(a) "section 63B" and substituting "subsection 63B(1)";

    (b) by omitting from paragraph (6)(a) "section 63B" and substituting "subsection 63B(1)";

  (c) by inserting in subsection (14) "or (1A)" after "subsection 63B(1)".

38. After section 63J of the Principal Act the following section is inserted:

Suspension

"63JA.(1) The regulations may make provision for and in relation to the application, subject to such modifications and adaptations (if any) as are specified, of sections 63B and 63C to unattached officers.

"(2) In subsection (1), 'modification' includes the addition or omission of a provision or the substitution of a provision for another provision.

"(3) For the purposes of subsections 63K(8), 63L(8) and 63M(5) and (6), sections 63B and 63C, in their application by virtue of subsection (1), are to be regarded as included in this Subdivision.".

Misconduct committed before becoming an