The Secretary to the Public Service Commissioner has requested advice as to whether, in the case of a Department where there is no Chief Officer and the Permanent Head exercises the powers and performs the functions of a Chief Officer in terms of section 13 of the Public Service Act, it is necessary that the Permanent Head acting as Chief Officer, should submit a recommendation as required by sub-section (5) of section 46 of the Commonwealth Public Service Act 1902-1918, before one of the punishments prescribed by section 46 may be inflicted.

Sub-section (1) of section 46 of the Act provides for the offences for which officers may be punished.

Sub-section (4) provides that if the Chief Officer considers the alleged offence to be of so serious a nature that an investigation thereof should be made by a Board of Inquiry he may refer the charge to a Board of Inquiry.

Sub-section (5) provides that if any such charges are admitted or found by the Board of Inquiry to be proved, then on the recommendation of the Chief Officer the Permanent Head may, subject to the regulations, inflict certain punishments on the offending officer.

In my opinion the power of the Permanent Head to inflict punishment under sub-section (5) of section 46 may be exercised only on the recommendation of the Chief Officer and, if the Permanent Head is also Chief Officer or is lawfully exercising the powers and functions of the Chief Officer, then I am of opinion that he must in his capacity of Chief Officer make a recommendation under sub-section (5) of section 46 before he can, under that sub-section, exercise his powers as Permanent Head.

[Vol. 16, p. 286]