Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p28
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 70546–73419

by omitting from sub-section (2) ", whether by reason of his consideration of a report furnished under sub-section (1) or otherwise,".
(2) Subdivision C of Division 6 of Part III of the Public Service Act 1922 applies, after the commencement of this section, as if—
     (a) a reference to a charge, or to an officer being charged under section 61, included a reference to a charge made, or to an officer having been charged under that section, before that commencement, unless the charge was finally disposed of before that commencement; and
     (b) a reference to an officer having failed to fulfil the officer's duty as an officer included a reference to a failure that occurred before that commencement.

Inquiries into misconduct
51. (1) Section 62 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:

    "(1) Subject to sub-section (2), where an officer is charged with misconduct under section 61, an inquiry shall, without undue delay, be held into the charge by the relevant Secretary or an officer appointed for the purpose by the relevant Secretary."; and
     (b) by omitting from paragraph (6) (a) "$40" (wherever occurring) and substituting "$500".
(2) An inquiry that, before the commencement of this section, had begun under section 62 of the Principal Act may, after that commencement, be continued and completed by the person required under that section to hold the inquiry as if the amendment made by paragraph (1) (a) of this section had not been made.

Convictions by courts
52. Section 63 of the Principal Act is amended by omitting from sub-sections (1) and (4) "Chief Officer" (wherever occurring) and substituting "relevant Secretary".

Suspension
53. Section 63b of the Principal Act is amended—
     (a) by omitting from sub-section (1) "Chief Officer" (wherever occurring) and substituting "relevant Secretary"; and
     (b) by inserting after sub-section (1) the following sub-section:
    "(1a) The relevant Secretary shall not suspend an officer under paragraph (1) (d) without first giving the officer an opportunity to be heard unless, in the opinion of the relevant Secretary, it would not be appropriate in the particular circumstances to give the officer such an opportunity.".

Removal and variation of suspension
54. Section 63c of the Principal Act is amended—
     (a) by omitting paragraph (2) (a) and substituting the following paragraph:
         "(a) the relevant Secretary may—
            (i) at any time, upon application by the officer or otherwise, remove the suspension; or
            (ii) if the relevant Secretary is satisfied that the officer is suffering or has suffered hardship—subject to any determination under section 82d, direct that the officer be paid the whole or part of the officer's salary for the whole or part of the period of the officer's