Document ID: chunk:federal_register_of_legislation:C2004A02439:body:0:p22
Version: federal_register_of_legislation:C2004A02439
Segment Type: other
Provision Reference: 
Character Range: 53666–56461

Fourth Division
78. Section 63b of the Principal Act is amended by omitting from paragraph (3) (a) "sub-section 62 (2)" and substituting "sub-section 61 (2)".

Temporary employment
79. Section 82 of the Principal Act is amended by omitting sub-section (6b) and substituting the following sub-section:
"(6b) The services of an employee to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies shall not be dispensed with under sub-section (6) except on—
     (a) the ground that the person has wilfully disobeyed, or wilfully disregarded, a direction given by a person having authority to give the direction, being a direction with which it is his duty as an employee to comply;

     (b) the ground that he is inefficient or incompetent for reasons or causes within his own control;
     (c) the ground that he is negligent or careless in the discharge of his duties as an employee;
     (d) the ground that he has engaged in improper conduct as an employee;
     (e) the ground that he has engaged in improper conduct otherwise than as an employee, being conduct that affects adversely the performance of his duties as an employee or brings the Service into disrepute;
     (f) the ground that he has contravened or failed to comply with—
         (i) a provision of this Act, of the regulations or of a determination in force under sub-section 9 (7a) or section 82d, being a provision that is applicable to him; or
         (ii) the terms and conditions upon which he is employed;
     (g) the ground that he has, whether before or after becoming an employee, wilfully supplied to an officer or another person acting on behalf of the Commonwealth incorrect or misleading information in connection with his being accepted as an employee in the Service; or
     (h) the ground that—
         (i) a court has, after 15 September 1980, convicted him of a criminal offence or found, without recording a conviction, that he has committed such an offence; and
         (ii) the nature and seriousness of that offence, the circumstances in which that offence was committed and the nature of his duties, are such that it is in the interests of the Service that his services should be dispensed with.".

Application for reinstatement as person to whom Division applies
80. Section 87p of the Principal Act is amended by omitting from sub-sections (5), (6) and (7) "sub-section (1)" and substituting "sub-section (2)".

PART XVIII—AMENDMENTS OF THE SCHOOLS COMMISSION ACT 1973

Principal Act
81. The Schools Commission Act 197317 is in this Part referred to as the Principal Act.

Title
82. The title of the Principal Act is amended by omitting "Schools Commission" and substituting "Commonwealth Schools Commission".

Short title
83. Section 1 of the Principal Act is amended by