Commonwealth Consolidated Regulations

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PUBLIC SERVICE REGULATIONS 1999 - REG 10.4

Misconduct under the Public Service Act 1922

             (1)  This regulation applies if, immediately before 5 December 1999:

                     (a)  an employee or officer under the Public Service Act 1922 had been charged with misconduct in accordance with Subdivision C, D or E of Division 6 of Part III of the Public Service Act 1922 ; and

                     (b)  immediately before the commencement day, the charge had not been finally determined.

             (2)  The Public Service Act 1922 , and Divisions 1, 2 and 3 of Part 1A, Part IX and Part X of the Public Service Regulations 1935 , continue to apply in relation to the charge of misconduct.

             (3)  For paragraph (1)(b), a charge is finally determined if a decision, direction (including a disciplinary direction), finding or recommendation that has been made, or an action that has been taken, under the Public Service Act 1922 or the Merit Protection (Australian Government Employees) Act 1984 , in respect of the charge:

                     (a)  is not, or is no longer, subject to any form of appeal or review under either of those Acts; or

                     (b)  was subject to some form of appeal or review under either of those Acts, but the period within which the appeal or review could be instituted has ended without an appeal or review having been instituted.

Note:          This regulation has the same effect as regulation 2.19 of the Public Employment (Consequential and Transitional) Regulations 1999 .



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