Y 61/ 030
FOR PRESS
STATEMENT BY THE CHAIRMAN OF THE COMMIION-. K: ALTH PUBLIC
SERVICE BOARD
The Director-General of Health has
forwarded to the Public Service Board Dr. Bazeley's
reply tn the charge made against him by the Directnr-
General. Dr. Bazeley has denied the truth of
the charge; he has denied that he was guilty of improper
oonduct in his official capacity and that, being un
officer of the PublicService, he made statements to
the public press in criticism nf, or attempted to
promote opposition tn, theCommonwealth Serum Laboratories
BillAntroduced in the Parliament by the Government.
Dr. Bazeley having denied the charge,
Sthe PublicService Board, as required by Section 56 of
the Public Service Act, will now appoint a Bcard of
Inquiry which will inquire into the truth of the
charge and report to the Board its opinion thereon.
Canberra 27th May, 1961.
A. EXTRACTS FROM PUBLIC SERVICE ACT
SECTION 56, PUBLIC SERVICE ACT 1922-1960
Where any officer of the First or Second
Division is charged by any person with any of the
offences mentioned in the preceding section, the Minister,
in the case of an officer of the First Division, and the
Permanent Head, in the case of an officer of the Second
Division, may suspend the officer, and upon such
suspension shall forthwith report the charge and suspension
to the Board. If the officer does not in writing admit
the truth of the charge, the Board shall appoint a Foard
onf Inquiry ( consisting of three persons, one of whom
shall be the Chairman of the Board of Inquiry, and which
shall not include the person by whom the charge was made),
which shall inquire into the truth of the charge and
shal/ report to the Board its opinion thereon.
If any of the charges are admitted, or are
found by the Board of Inquiry to he proved, then the
Board of Commissioners may make such recommendation as
Sto the punishment or otherwise of the person charged as
to the Board seems fit. On receiving such recommendation,
the Governor-General may dismiss the officer from the
Commonwealth Service, or reduce the officer to a lower
Division and salary, or impose such penalty or other
punishment as the case demands.
If the charges are found by the Board of
Inquiry not to be proved, the suspension shall be
immediately removed by the Minister or the Permanent Head,
as the case may be.
2.
SECTION 57. Any officer, upon the hearing by a Board of
Inquiry or Appeal Board in relation to any charge against
him, shall be entitled to be represented by counsel,
attorney, or agent, who may examine witnesses and address
the Board on his behalf. The charging authority may
likewise be represented at such hearing by counsel,
attorney, or -agent.
It shall be the duty of the Board of Inquiry
or Appeal Board to make a thorough investigation
without regard to legal forms and solemlnities, and to
direct itself by the best evidence which it can procure
or which is hi. d before it, whether the evidence is such
as the law would require or admit in other cases or not.
SECTION 58. The Chairman of any Board of Inquiry or Appeal
Board may at any time
summz-n any person whose evidence appears to be
0 material to the determination of any subject of
inspection, inquiry, or investigation being
conducted by the Board;
take evidence on oath; and
require the production of documents.
Any officer who, without reasonable cause,
neglects or fails to attend in obedience to the summons,
or to be sworn, or to answer questions or produce documents
relevant to the subject of the inspection, inquiry, or
investigation, shall be Egtiilty of an offence against
this Act.
3.
Any person, not being an officer, who, after
payment or tender of reasonable expenses, neglects or
fails, without reasonable cause, to attend in obedience
to the summons, or to b'sworn, or to answer questions o
produce documents relevant to the subject of the inspection,
inquiry, or investigation, shall beguilty of an offence.
Penalty: Twenty pounds.
Nothing in this section shall be construed as
compelling a person to answer any question which would tend
to criminate him.
B. EXTRACTS FROMi PUBLIC SERVICE REGULATIONS
REGULATION 148B
Immediately upon the appointment of a Board of
Inquiry pursuant to section 56 of the Act, the Board of
Commissioners shall notify the charged officer that a
Board of Inquiry has been appointed to inquire into the
truth of the charge and report to the Board of Commissioners
its opinion thereon and, at the same time, advise him of the
names of the members of the Board of Inquiry.
0 A copy of all documents intended to be used before
a Board of Inquiry shall, where practicable, be supplied
by the Board of Commissioners to the charged officer at
least seven days before the inquiry is held.
REGULATION 149
The Chairman of a Board of Inquiry appointed to
inquire into the truth of a charge laid against an officer
of the First or Second Division shall fix the date, time;
and place of hearing the inquiry and shall advise the
charged officer and the members of the Board of the date,
time and place so fixed. The charged officer shall receive
at least seven days' notice of the hearing of the charge.