STATUTORY RULES.

1961. No. 82.

REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942-1960.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Broadcasting and Television Act 1942-1960.

Dated this 3rd day of July, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Postmaster-General.

AUSTRALIAN BROADCASTING COMMISSION (STAFF) REGULATIONS.

PART I.—PRELIMINARY.

Citation.

1. These Regulations may be cited as the Australian Broadcasting Commission (Staff) Regulations.

Repeal.

2. The Australian Broadcasting Commission (Staff) Regulations (comprising the Statutory Rules specified in the Schedule to these Regulations) are repealed.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Promotions and Appeals against Promotions (Regulations 7-12).

Part III.—Disciplinary Provisions.

Division 1.—Election of Officers’ Representatives (Regulations 13-30).

Division 2.—Disputed Elections (Regulations 31-37).

Division 3.—Procedure in relation to Offences (Regulations 38-43).

Division 4.—Procedure on Appeals (Regulations 44-54).

Definitions.

4. In these Regulations, unless the contrary intention appears—

“Branch Manager” means a manager of a Branch of the Commission;

*Notified in the Commonwealth Gazette on 3rd July, 1961.

1473/61.—PRICE 8D. 12/16.6.1961.

“officer” has the same meaning as in section 41 of the Act;

“Official Bulletin” means the bulletin referred to in regulation 6 of these Regulations;

“senior officer” means any officer determined by the Commission to be a senior officer for the purposes of these Regulations;

“the Act” means the Broadcasting and Television Act 1942-1960;

“the Assistant General Manager (Administration)” means the officer occupying the office having that designation, or for the time being performing the duties of that office;

“the General Manager” means the general manager appointed, or deemed to have been appointed, under section 43 of the Act.

Delegation.

5.—(1.) The General Manager may, either generally or in relation to a matter or class of matters, by writing under his hand, delegate to an officer all or any of his powers and functions under these Regulations, except this power of delegation.

(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the General Manager.

(4.) Any power or function vested in a Branch Manager or the Assistant General Manager (Administration) by these Regulations may be exercised by the General Manager.

The Official Bulletin.

6.—(1.) The Commission shall cause to be issued at regular intervals a bulletin to be known as “the Official Bulletin” in which shall be published all matters which these Regulations require to be published in the Official Bulletin and such other matters as the Commission thinks fit.

(2.) The Official Bulletin shall be deemed to have been published on the date appearing on the Official Bulletin.

PART II.—PROMOTIONS AND APPEALS AGAINST PROMOTIONS.

Definition.

7. In this Part, “the Board” means the Promotions Appeal Board constituted in accordance with section 50 of the Act.

Notification of provisional promotions.

8. All provisional promotions shall be notified in the Official Bulletin.

Seniority.

9. For the purposes of section 48 of the Act, the relative seniority of officers shall be determined by the respective dates on which they commenced or commence duty as officers, and where two or more officers commenced or commence duty on the same day, their relative seniority shall be as determined by the Commission.

Appeals.

10.—(1.) An appeal under sub-section (2.) of section 49 of the Act—

(a) shall be made by letter or telegram addressed to the Chairman of the Board;

(b) shall be lodged at the address notified in the Official Bulletin as the address of the Chairman within twenty-one days after the date on which the Official Bulletin in which the provisional promotion is notified is published; and

(c) shall state the grounds of appeal.

(2.) As soon as practicable after the expiration of the period of twenty-one days referred to in the last preceding sub-regulation, the Chairman of the Board shall notify the General Manager whether or not an appeal has been lodged within that period and, if an appeal has been so lodged, shall notify the General Manager of the name of the appellant or appellants.

Hearings of appeals against provisional promotions.

11.—(1.) The Chairman of the Board shall fix the time and place for meetings of the Board and shall cause notice thereof to be given to the members of the Board, to the person provisionally promoted and to the appellant or appellants.

(2.) The procedure at meetings of the Board shall be as directed by the Chairman of the Board.

Determination of appeals.

12. When an appeal has been determined by the Board, the Chairman of the Board shall forthwith furnish a statement under his hand indicating whether the appeal has been upheld or disallowed to the General Manager, to the person provisionally promoted and to the appellant or appellants.

PART III.—DISCIPLINARY PROVISIONS.

Division 1.—Election of Officers’ Representatives.

Definitions.

13. In this Division—

“casual vacancy” means a vacancy occurring otherwise than by reason of a member of the Board ceasing to hold office on the expiration of his term of office;

“election” means an election under this Division, for the purposes of section 58 of the Act of—

(a) an Officers’ Representative; or

(b) a Deputy of an Officers’ Representative;

“nomination day” means the day fixed under regulation 15 of these Regulations as the day on or before which nominations for election are to be lodged.

Returning Officer and Assistant Returning Officer.

14.—(1.) The Chief Electoral Officer shall be the Returning Officer for the purposes of an election.

(2.) The Returning Officer may appoint an Assistant Returning Officer for the purposes of an election.

(3.) An Assistant Returning Officer may perform such of the functions, and exercise such of the powers, conferred by these Regulations on the Returning Officer as the Returning Officer directs.

Dates for nominations and elections.

15. For the purposes of an election, the General Manager shall fix—

(a) a day as the day on or before which nominations for election are to be lodged; and

(b) a day as the day for the close of the poll,

and shall cause a notification specifying the dates so fixed to be published in the Official Bulletin.

Hours for close of poll.

16. The hour for the close of the poll shall be twelve o’clock noon on the day fixed for the close of the poll.

Qualifications of voters.

17. Each officer who was, on the fourteenth day before nomination day, an officer is entitled to vote at the election.

List of voters.

18. The General Manager shall cause to be prepared and shall certify and transmit, in duplicate, to the Returning Officer, so as to reach him not later than nomination day, a list, containing the name of each officer who is entitled to vote at the election, the branch in which each officer is employed and the official address of each officer.

Certificate as to right to vote.

19. If required to do so by the Returning Officer, the General Manager shall forthwith furnish to the Returning Officer a certificate that any officer whose name is specified by the Returning Officer is, or is not, entitled, under these Regulations, to vote at an election.

Nominations.

20. A nomination of a candidate at an election is not valid unless.—

(a) the person nominated as a candidate is an officer who is entitled to vote at the election and his name, the office held by him and his official address are specified in the nomination;

(b) it is signed by not less than ten officers entitled to vote at the election;

(c) the person nominated as a candidate has, in the presence of a witness, signed his consent to the nomination, and declared that he is eligible for nomination as a candidate under these Regulations, on the nomination or in another instrument; and

(d) it is lodged with the Returning Officer on or after the date of the publication of the notification in the Official Bulletin fixing nomination day and before twelve o’clock noon on nomination day.

Proceedings after nomination.

21.—(1.) In the event of one candidate only being nominated for election, the Returning Officer shall, by notification in the Official Bulletin, declare that candidate elected, but if more than one candidate is nominated the Returning Officer shall proceed to take a poll.

(2.) Where more than one candidate is nominated for election, the Returning Officer shall, not later than twenty-eight days after nomination day, send by post to or cause to be delivered to each officer whose name appears on the list furnished by the General Manager in accordance with regulation 18 of these Regulations, one ballot-paper and one ballot-paper envelope.

(3.) The Returning Officer shall initial each ballot-paper before despatching it in accordance with the last preceding sub-regulation.

(4.) Each ballot-paper and ballot-paper envelope shall be enclosed by the Returning Officer in a covering envelope which shall be fastened and addressed to the officer for whom it is intended.

(5.) If, through inadvertence, the name of an officer has been omitted from the list prepared under regulation 18 of these Regulations, the Returning Officer shall, at the written request of the General Manager received by the Returning Officer within three days before the close of the poll, add the name to the list and issue a ballot-paper to the officer.

Ballot-papers and manner of voting.

22.—(1.) The ballot-papers shall, subject to the next succeeding sub-regulation and to such other alterations as are necessary, be in accordance with Form F in the Schedule to the Commonwealth Electoral Act 1918-1961.

(2.) In addition to the name of each candidate, the ballot-papers shall specify the office held by each candidate and his official address.

(3.) The ballot-paper envelope shall be addressed to the Returning Officer and shall have printed on it a declaration that the officer was eligible to vote at the election.

(4.) A voter shall mark his vote on the ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them.

(5.) After marking his vote, the voter shall fold the ballot-paper, place it in the ballot-paper envelope, complete and sign the declaration printed on the ballot-paper envelope and send the ballot-paper envelope containing the ballot-paper by post or otherwise so as to reach the Returning Officer not later than noon on the date fixed for the close of the poll.

Custody of ballot-papers and scrutiny.

23.—(1.) The Returning Officer shall, in respect of each election, preserve in his custody a locked and se led ballot-box, in which he shall forthwith place all envelopes containing ballot-papers received by him up to the close of the poll.

(2.) Forthwith after the hour appointed for the close of the poll, the Returning Officer shall, in the presence of the scrutineers who attend—

(a) open each ballot-box and produce unopened all envelopes containing ballot-papers received up to the hour of the close of the poll;

(b) if satisfied that the declaration on the envelope has been effectively completed and signed and that the person who signed the declaration is entitled to vote at the election, accept the ballot-paper for further scrutiny, but, if not so satisfied, disallow the ballot-paper without opening the envelope; and

(c) proceed with the scrutiny as nearly as practicable, mutatis mutandis, in accordance with the provisions of the Commonwealth Electoral Act 1918-1961 and the regulations under that Act relating to postal voting in a House of Representatives election.

(3.) If, on any count, two or more candidates have an equal number of votes and one of them has to be excluded, or if in the final count two candidates have an equal number of votes, it shall be decided by lot, in such manner as the Returning Officer determines, which candidate shall be excluded or elected as the case requires.

Allowance or rejection of ballot-papers.

24. The provisions of the Commonwealth Electoral Act 1918-1961 and the regulations thereunder relating to the allowance and admission, and disallowance and rejection of postal ballot-papers in an election of a member of the House of Representatives shall, in so far as they are applicable, mutatis mutandis, apply to the election of an Officers’ Representative and a Deputy of an Officers’ Representative.

Scrutineers.

25.—(1.) Each candidate may appoint one scrutineer to represent him at the scrutiny.

(2.) All the proceedings of the scrutiny shall be open to the inspection of the scrutineers.

Declaration of poll.

26. At the conclusion of the scrutiny, the Returning Officer shall—

(a) inform the General Manager of the result of the poll; and

(b) cause a notification of the result of the poll to be published in the Official Bulletin.

Term of office.

27.—(1.) Subject to this regulation, the prescribed period, for the purposes of sub-sections (4.) and (5.) of section 58 of the Act, is the period of three years commencing on the first day of the month next succeeding the date on which the result of the election is notified in the Official Bulletin.

(2.) Where a candidate, is elected at an election held to fill a casual vacancy, the prescribed period, for the purposes of those sub-sections, is the remainder of the period for which the person whose office became vacant would have held office.

(3.) If an appeal before the Board has not been completed on the expiry of the term of office of the Officers’ Representative sitting on the Board, that Representative shall continue to hold office until the proceedings in respect of the appeal are completed.

(4.) The Officers’ Representative or the Deputy of the Officers’ Representative holding office immediately before the commencement of this regulation shall, subject to these Regulations, continue to hold office for the period for which he would have held office if the regulations repealed by regulation 2 of these Regulations had continued in operation.

Forfeiture of office.

28. An officer appointed or elected as Officers’ Representative or Deputy of the Officers’ Representative—

(a) who ceases to be employed by the Commission; or

(b) who tenders his resignation from the office to which he has been elected,

ceases to hold office.

Election to fill vacancy.

29. Where a vacancy in the office of Officers’ Representative or Deputy of the Officers’ Representative occurs before the expiration of the period for which the representative was elected or where such a vacancy exists by reason of no candidate having been returned as elected, the General Manager may direct that an election be held to fill the vacancy for the unexpired portion of the period of three years following the election at which the person whose place became vacant was elected or at which no candidate was returned as elected, as the case may be.

Election of Deputy of Officers’ Representative.

30. The election of the Deputy of the Officers’ Representative shall take place simultaneously with the election of the Officers’ Representative.

Division 2.—Disputed Elections.

Disputed elections.

31.—(1.) In the event of an election being disputed, a person declared to be elected shall hold the office until the dispute is determined in accordance with this Part.

(2.) The validity of an election may be disputed by a candidate in the election by a petition addressed to the General Manager.

(3.) Every petition disputing an election shall—

(a) set out clearly and fully the facts that are relied upon to invalidate the election;

(b) be signed by the candidate disputing the election; and

(c) be lodged with the General Manager within fourteen days after the notification of the result of the poll is published in the Official Bulletin.

(4.) A copy of the petition shall be served by the petitioner upon the candidate declared elected within fourteen days after the notification of the result of the poll is published in the Official Bulletin.

Reference to Disputes Committee.

32.—(1.) The General Manager shall forthwith transmit the petition to the Commission.

(2.) If the Commission is of opinion, from the statement of facts relied upon by the petitioner, that there is a reasonable ground for investigation, the Commission may refer the matter to the Disputes Committee, but, if not of that opinion, it shall dismiss the petition.

(3.) The Disputes Committee shall consist of the Assistant General Manager (Administration), the Returning Officer and an officer appointed by the General Manager.

(4.) The General Manager shall appoint one of the members of the Disputes Committee to be the Chairman of the Committee.

Powers of Disputes Committee.

33.—(1.) The Disputes Committee may—

(a) grant to the petitioner or the person elected leave to inspect the lists of the officers supplied to the Returning Officer and other documents used at or in connexion with the election, and to take extracts from those lists and documents;

(b) examine witnesses on oath;

(c) inquire into the identity of voters and whether their votes were improperly admitted or rejected, assuming the list furnished by the General Manager to the Returning Officer to be correct; and

(d) examine ballot-papers and ballot-paper envelopes and, if satisfied that there are good grounds for so doing, recommend the admission or rejection of any ballot-paper.

(2.) The Disputes Committee shall furnish to the Commission the evidence taken by it and a report as to its finding.

Powers of the Commission.

34.—(1.) The Commission shall, upon the receipt of the report of the Disputes Committee, decide the petition and, for that purpose, may—

(a) admit or reject any ballot-paper;

(b) declare that a candidate who was returned as elected was not duly elected;

(c) declare as duly elected a candidate who was not returned as elected;

(d) declare any election absolutely void; and

(e) dismiss the petition.

(2.) The Commission may, if it thinks fit, refer the matter back to the Disputes Committee for further investigation and report, and the Disputes Committee shall thereupon investigate and report accordingly.

(3.) The Commission may exercise all or any of its powers under this regulation on such grounds as the Commission in its discretion thinks just and reasonable.

Commission’s decision.

35.—(1.) If a candidate is declared not to have been duly elected, he ceases to hold office as Officers’ Representative or Deputy of the Officers’ Representative, as the case may be.

(2.) If a candidate is declared to have been duly elected, he shall be deemed to have been elected to the office.

(3.) If any election is declared absolutely void, a new election shall be held in accordance with this Part.

(4.) The decision of the Commission is final and without appeal.

Errors and omissions not to avoid election.

36.—(1.) An election shall not be declared to be void on account of an error of or omission by any officer if, in the opinion of the Commission, the error or omission did not affect the result of the election.

(2.) Where any person entitled to vote was, on account of the error of or omission by an officer, prevented from voting in any election, evidence shall not be admitted or taken into consideration, for the purpose of determining whether the error of or omission by the officer did or did not affect the result of the election, of the way in which that person intended to vote at the election.

Preservation of ballot-papers.

37. The ballot-papers and ballot-paper envelopes used in connexion with an election shall be retained in sealed and indorsed parcels for one month after the declaration of the poll, or, where an election is disputed, for one month after the determination of the petition, when they shall be destroyed.

Division 3.—Procedure in Relation to Offences.

Interpretation.

38. In this Division—

“criminal offence” means a criminal offence referred to in paragraph (b) of sub-section (3.) of section 56 of the Act;

“the prescribed officer” means—

(a) in relation to a senior officer—the General Manager;

(b) in relation to an officer (other than a senior officer) performing duty at the Head Office of the Commission or in the Australian Capital Territory—the Assistant General Manager (Administration); and

(c) in relation to an officer, other than a senior officer or an officer performing duty at the Head Office of the Commission or in the Australian Capital Territory— the Branch Manager of the Branch in which the first-mentioned officer performs duty.

Charges.

39. Where the prescribed officer has reason to believe that an officer has been guilty of misconduct within the meaning of section 56 of the Act, the prescribed officer may charge the officer with misconduct.

Copy of charge to be furnished to officer.

40.—(1.) The prescribed officer shall, forthwith after the charge is made, furnish to the officer a copy of the charge, together with a notice requiring the officer to furnish to the prescribed officer a written reply to the charge stating whether he admits or denies the charge.

(2.) The officer may include in the written reply any explanation that he wishes to make in relation to the charge.

(3.) If the officer does not, within seven days after the copy of the charge is furnished to him, furnish to the prescribed officer a written reply to the charge, he shall be deemed to have denied the truth of the charge.

Suspension of charged officer.

41.—(1.) Where—

(a) an officer has been charged with misconduct; or

(b) an officer has been charged with a criminal offence,

the prescribed officer may, if he considers that the charge is of such a serious nature that the officer should not continue to perform his duties, suspend the officer from duty.

(2.) An officer who has been suspended from duty under the last preceding sub-regulation shall, unless the Commission or a person to whom the Commission has, in pursuance of section 40 of the Act, delegated its powers under section 56 of the Act otherwise determines, be entitled to receive his salary during the period of his suspension.

Report by prescribed officer to the Commission.

42. The prescribed officer who has made a charge against the officer shall—

(a) investigate all matters relevant to the charge; and

(b) furnish, through the General Manager, to the Commission—

  (i) a report on the investigations carried out by him;

 (ii) his recommendation relating to the action (if any) that he considers the Commission should take in relation to the charge; and

(iii) the reply and explanation (if any) made by the officer.

Removal of suspension.

43. The prescribed officer—

(a) may remove the suspension of an officer at any time before the hearing of the charge is determined; or

(b) shall remove the suspension immediately after—

 (i) a finding by the Commission that the officer was not guilty of misconduct; or

(ii) if the officer has been charged with a criminal offence— the officer is found not guilty of the offence.

Division 4.—Procedure on Appeals.

Definition.

44. In this Division, “the Board” means the Disciplinary Appeals Board constituted in accordance with section 58 of the Act.

Appeals.

45.—(1.) An appeal under section 57 of the Act shall be in writing, shall state the grounds of appeal and shall be addressed to the Chairman of the Board.

(2.) The appeal shall be lodged with the Chairman of the Board within fourteen days after the date on which the appellant receives notice of the matter in respect of which he desires to appeal.

(3.) The Chairman of the Board shall fix a time and place for the hearing of the appeal and shall cause notice thereof to be given to the members of the Board, to the appellant and to the Commission.

Particulars to be furnished.

46.—(1.) The General Manager shall furnish to the Chairman of the Board and to the appellant, within seven days after the date on which the Commission receives notice of the appeal, or within such shorter time as the Chairman of the Board determines, particulars of the action taken by the Commission in respect of which the appeal has been lodged and, if, at the time the Commission took the action, the Commission gave reasons for taking the action, a copy of those reasons.

(2.) The Chairman of the Board may direct that further particulars be furnished, and the Commission shall furnish further particulars accordingly.

Appeals to be heard in camera.

47. The hearing of an appeal by the Board shall be in camera unless the Board otherwise decides.

Statements may be lodged.

48.—(1.) The appellant and the Commission, respectively, may lodge with the Board statements relating to the appeal.

(2.) A copy of such a statement shall be furnished by the appellant or the Commission, as the case may be, to the other party.

(3.) The Board may direct that any statement lodged under the provisions of this regulation shall be in the form of a statutory declaration.

Evidence.

49.—(1.) On the hearing of the appeal, the appellant and the Commission may call oral evidence.

(2.) The Chairman may, by writing under his hand, summon any person to attend the Board at a time and place mentioned in the summons and then and there to give evidence and to produce any books, documents and writings in his custody or control which he is required by the summons to produce.

(3.) A summons under the last preceding sub-regulation shall be served personally or by leaving it at the usual place of abode of the person to whom it is addressed.

(4.) A person served with a summons to attend the Board shall not, without reasonable excuse, fail to attend the Board or to produce any documents, books or writings in his custody or control which he is required by the summons to produce.

(5.) It shall be a defence to a prosecution for an offence arising under the last preceding sub-regulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Board.

(6.) A person appearing as a witness before the Board shall not refuse—

(a) to be sworn or to make an affirmation; or

(b) to answer any question relevant to the matter before the Board put to him by a member of the Board.

Penalty: Fifty pounds.

(7.) Nothing in this regulation shall be taken to require a person to answer any question which would tend to criminate him.

(8.) A witness before the Board shall not knowingly give false testimony in any evidence given by him to the Board.

Representation of appellant and Commission.

50.—(1.) The appellant may be represented before the Board by not more than one counsel or solicitor, or by an agent (being an officer), who may examine witnesses and address the Board on his behalf.

(2.) The Commission may be represented by not more than one counsel or solicitor, or by an officer appointed for the purpose by the General Manager, who may examine witnesses and address the Board on behalf of the Commission.

Board not to be bound by rules of evidence.

51. The Board shall make a thorough investigation without regard to legal forms and solemnities and shall not be bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.

Proceedings where appellant or witness to remote locality.

52.—(1.) Where it appears to the Board that it is undesirable by reason of the appellant being stationed in a remote locality or by reason of expense, inconvenience or delay to require the appellant or any particular witness to attend before the Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the appellant or witness.

(2.) The person so appointed shall take the evidence of the appellant or witness on oath or affirmation and for the purpose of so doing shall have all the powers of the Chairman of the Board.

(3.) Any party to the appeal shall be entitled to be represented, in the manner provided by regulation 50 of these Regulations, before any person taking evidence in pursuance of this regulation.

(4.) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Board and considered by it in connexion with the appeal.

(5.) Nothing in this regulation prevents an appellant from appearing in person at the hearing of the appeal by the Board.

Decision of the appeal.

53. A statement of the decision of the Board under the hand of the Chairman shall be furnished to the Commission and the appellant within seven days after the decision of the appeal.

Costs.

54.—(1.) The Board may recommend that all or any part of the costs or expenses incurred by the appellant in connexion with the appeal be paid by the Commission, in which case the Commission shall make payment accordingly.

(2.) The Board may make a recommendation under the last preceding sub-regulation whether or not the appeal was successful.

THE SCHEDULE.

Regulation 2.

STATUTORY RULES REPEALED.

Statutory Rules 1947, No. 17.

Statutory Rules 1948, No. 134.

Statutory Rules 1949, No. 66.

Statutory Rules 1951, No. 50.

Statutory Rules 1955, No. 11.

Statutory Rules 1956, No. 103.

Statutory Rules 1959, No. 24.

Statutory Rules 1959, No. 80.

Statutory Rules 1961, No. 21.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.