Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p46
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 116833–119582

and
         (c) a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation or, in the absence of such a nomination, nominated in such other manner as the regulations provide.";
     (b) by omitting from sub-section (2) "Chairman of a Disciplinary Appeal Committee unless he" and substituting "Convenor of a Disciplinary Appeal Committee unless the person";
     (c) by inserting in sub-section (3) "first" after "person" (first occurring); and
     (d) by omitting sub-section (4) and substituting the following sub-sections:
    "(4) If a Disciplinary Appeal Committee is of the opinion that a person who appealed to it under section 63d, 63f or 63p of the Public Service Act 1922 had no reasonable grounds for that appeal, and that the appeal was frivolous or vexatious or was not made in good faith, it may order that the person pay such sum, not exceeding the cost of the hearing, as it specifies in the order and the sum so ordered to be paid may, where the person is still an officer, be recovered by deductions from the salary of the person under section 65 of that Act.
    "(5) A reference in this section to the relevant Secretary, in relation to a person who has been dismissed from the Service under Division 6 of Part III of the Public Service Act 1922, is a reference to the Secretary of the Department in which the person held an office, or was included, immediately before being dismissed or, if that Department has ceased to exist, the Secretary of such Department as the Board directs.".
(2) A Disciplinary Appeal Committee constituted, before the commencement of this section, for the purpose of an appeal or request that had not been, disposed of before that commencement shall continue to deal

with, and shall determine, that appeal or request as if the amendments made by sub-section (1) and section 112 had not been made.

Member ceasing to act
111. Section 19 of the Principal Act is amended by omitting from sub-section (1) "parties" and substituting "Agency".

Split decision
112. Section 20 of the Principal Act is amended by omitting "Chairman" and substituting "Convenor".

113. (1) Sections 22 and 23 of the Principal Act are repealed and the following sections are substituted:

Redeployment and Retirement Appeal Committees
"22. The Agency shall, from time to time, arrange for the establishment, in accordance with section 23, of such Redeployment and Retirement Appeal Committees as appear to it to be required for the purposes of appeals under Divisions 8b and 8c of Part III of the Public Service Act 1922.

Constitution of Redeployment and Retirement Appeal Committees
"23. (1) A Redeployment and Retirement Appeal Committee shall be constituted by—
     (a) a