Document ID: chunk:federal_register_of_legislation:C2004C02964:section:43y
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 43Y
Character Range: 89145–91834

43Y  Constitution of, and inquiries by, committees
 (1) A Re‑appointments Review Committee to inquire into an application under subsection 43V(1) shall consist of:
 (a) a Chairman appointed by the Secretary;
 (b) a member of the Commonwealth Teaching Service appointed by the Secretary; and
 (c) a member of the Commonwealth Teaching Service appointed by the Secretary on the nomination of an industrial or professional organization that the applicant would be eligible to join if he were engaged in the kind of employment in which he seeks to be engaged.
 (2) The Chairman of a Re‑appointments Review Committee shall be:
 (a) if the Committee is established to inquire into an application by an applicant whose employment has been, or, in the opinion of the Secretary, may have been, terminated on the ground of his misconduc‑a person who holds the office of Chairman of a Disciplinary Appeal Board referred to in section 37; or
 (b) in any other case‑a person who holds the office of Chairman of a Promotions Appeal Board referred to in section 30.
 (3) In subsection (1) a reference to an industrial organization shall be construed as a reference to an organization within the meaning of the Industrial Relations Act 1988.
 (4) The Chairman of a Re‑appointments Review Committee, while acting as such, is not subject to direction by any person or authority under this Act.
 (5) A decision of the majority of the members of a Re‑appointments Review Committee shall be deemed to be a decision of the Committee.
 (6) An officer of the Commonwealth Teaching Service shall be granted leave of absence from his normal duties without loss of pay while acting as a member of a Re‑appointments Review Committee.
 (7) On an inquiry by a Re‑appointments Review Committee into an application referred to it under subsection (6) of section 43V:
 (a) the procedure of the Committee is, subject to this Act and the regulations, within the discretion of the Committee;
 (b) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act, and a proper consideration of the matter before the Committee, permit; and
 (c) the Committee is not bound by rules of evidence.
 (8) An inquiry by a Re‑appointments Review Committee shall be conducted in private.
 (9) At an inquiry by a Re‑appointments Review Committee, the applicant may:
 (a) appear personally or be represented by any person, other than counsel, a solicitor or a paid agent;
 (b) make such oral or written submissions as he desires; and
 (c) tender certificates, documentary evidence and statutory declarations.

PART IV—Commonwealth Teaching Service Scholarships