Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p17
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 41752–44600

unattached officer.".

Misconduct while unattached officer

  40. Section 63L of the Principal Act is amended:

    (a) by omitting subsection (3) and substituting the following subsections:

    "(3) If the person holding an inquiry into a charge under subsection (1) is satisfied that the unattached officer committed misconduct while an unattached officer, the person may cause the officer to be counselled by another officer.

    "(3A) If the person is of the opinion that counselling is not sufficient, he or she may give one of the following directions:

      (a) a direction that the officer be admonished;

        (b) a direction that an amount not exceeding $500 be deducted from money due by the Commonwealth to the officer;

        (c) a direction that the officer's classification be reduced to a specified lower classification and, if a range of salary is applicable to the lower classification, specifying the rate at which salary payable to the officer is to be paid;

      (d) a direction that the officer be dismissed from the Service.

    "(3B) The reference in paragraph (3A)(b) to money due by the Commonwealth to an officer is to be read as follows:

        (a) if, when the direction is given, an officer is performing duties in a Department, the reference is to salary due to the officer;

        (b) in any other case, the reference is to any money due, or that becomes due, by the Commonwealth to the officer:

            (i) under this Act or under regulations or a determination under this Act; or

            (ii) under the Long Service Leave (Commonwealth Employees) Act 1976.";

    (b) by omitting from subsection (4) "subsection (3)" and substituting "subsection (3A)";

    (c) by omitting from subsection (5) ", or is not dismissed," and substituting ", or that other action is, or is not, taken against the officer,";

  (d) by adding at the end the following subsection:

      "(8) If:

      (a) a person is charged under this section; and

        (b) before the charge is determined, the person ceases to be an unattached officer but remains an officer;

    this Subdivision continues to apply to the person in relation to the charge, and any action may be taken by or against the person under this Subdivision in relation to the charge, as if the person were still an unattached officer.".

Criminal offences

  41. Section 63M of the Principal Act is amended:

    (a) by omitting from subsection (1) all the words after "in paragraph (b)" and substituting the following words and paragraphs:

    "may counsel the officer or may give one of the following directions:

         (c) a direction that the officer's classification be reduced to a specified lower classification and, if a range of salary is applicable to the lower classification, specifying the rate at which salary payable to the