Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p8
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 17390–20046

addition to, and not in substitution for, any other powers conferred by or under this Act on the Board, the Chief Officer or on any other person in relation to an officer or employee.

"(8) While a declaration under sub-section (1) is in force in respect of the refusal or failure of an officer or employee to comply with a direction, or with two or more directions, proceedings shall not be taken against the officer or employee under Division 6 of Part III in respect of any refusal or failure of the officer or employee in respect of which that declaration was made.

"(9) Where proceedings are taken against an officer or employee under Division 6 of Part III in respect of any refusal or failure of the officer or employee to comply with a direction, or with directions, of the kind referred to in sub-section (1), a declaration shall not be made under sub-section (1) in respect of any refusal or failure of the officer or employee in respect of which those proceedings have been taken unless those proceedings have been finally determined or otherwise terminated.

"(10) Where a declaration is made under sub-section (1) in respect of an officer or employee, or such a declaration is varied or revoked, the Board shall cause such notice as it deems appropriate to be given of the making of the declaration or of the variation or revocation of the declaration, as the case may be.

"(11) The period during which a declaration under sub-section (1) has effect in respect of an officer or employee forms part of his period of service or employment under this Act for the purposes of the Superannuation Act 1976 but does not, unless the Board otherwise determines, form part of his period of service of employment under this Act for any purpose of this Act or of any other Act.

"(12) In this section, unless the contrary intention appears—
'direction' includes an order and an instruction;
     'salary' includes wages or other remuneration and any allowances that are declared by the regulations to be included in salary for the purposes of this definition.

Declarations to prevail over awards
"32b. (1) Section 32a has full force and effect, and declarations in force under sub-section 32a(1) have full force and effect according to their tenor, notwithstanding any inconsistency—
     (a) with any other provision of this Act;
     (b) with any other law of the Commonwealth enacted before the commencement of this section; or
     (c) with any award made before or after the commencement of this section.

"(2) Section 32a shall be deemed to be a prescribed provision of the Public Service Act 1922 for the purposes of—
     (a) sub-section 22(2)