Commonwealth Employees (Redeployment and Retirement Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 4301

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Commonwealth Employees (Redeployment and Retirement) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979.

Dated 13 December 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

J. S. DAWKINS

Minister of State for Finance

for and on behalf of the

Prime Minister

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Commonwealth Employees (Redeployment and Retirement) Regulations.

Part II—Appeals

2. Part II of the Principal Regulations is amended by inserting before regulation 3 the following heading:

“Division 1—Appeals by employees”.

Interpretation of Division 1

3. Regulation 3 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “Part” and substituting “Division”;

(b) by omitting from sub-regulation (2)“Part” and substituting “Division”.

Lodging appeals

4. Regulation 5 of the Principal Regulations is amended by inserting in paragraph (2) (d) “by the appropriate authority” after “statement in writing”.

Employees’ representative on Tribunal

5. Regulation 9 of the Principal Regulations is amended by omitting from sub-regulation (1) “he” (last occurring) and substituting “the Director”.

6. After regulation 12 of the Principal Regulations the following Division, heading and regulation are inserted:

“Division 2—Appeals by Senior Executive Service officers

Interpretation of Division 2

“12a. (1)In this Division, ‘officer’ means a Senior Executive Service officer.

“(2)In this Division, a reference to an appeal shall be read as a reference to—

(a) an appeal by an officer against a declaration under sub-section 76k (1) of the Public Service Act 1922 that the officer is eligible for redeployment; or

(b) an appeal by an officer against the giving of notice to the officer under sub-section 76l (3) of that Act in respect of the transfer or retirement of the officer,

as the case requires.

Form of appeal—lodgment—procedure

“12b. (1) An appeal shall be made in writing and shall specify the ground of appeal.

“(2)Without limiting the generality of sub-regulation (1)—

(a) an appeal referred to in paragraph 12a (2)(a) shall specify in what respect (if any) it is claimed that any relevant administrative procedures set out in a notice published in the Gazette under sub-section 76k (4) of the Public Service Act 1922 have not been followed; and

(b) an appeal referred to in paragraph 12a (2)(b) shall specify in what respect (if any) it is claimed that the Public Service Board did not have regard to a matter referred to in sub-section 76l (2) or (4) of that Act.

“(3) An appeal by an officer under sub-section 76m (1)or (3) of the Public Service Act 1922 shall, within the period prescribed for the purposes of sub-section 76m (1)or (3) of that Act, as the case requires, be delivered, or posted, to the Director at an address specified by the Director by notice published in the Gazette as an address at which such appeals may be lodged.

“(4) Subject to regulation 12h,where a notice is given to an officer under sub-section 76k (2)or 76l (3) of the Public Service Act 1922, the Public Service Board shall, at the same time, furnish the officer with a statement in writing setting out in relation to that notice—

(a) the facts and circumstances in relation to which a declaration was made under sub-section 76k (1) of that Act or in relation to which that notice was given under sub-section 76l (3) of that Act, as the case may be;

(b) the manner in which an appeal may be made in accordance with this regulation; and

(c) the address at which the appeal may be lodged.

“(5) Where the Director receives an appeal under this regulation, the Director shall notify the Public Service Board forthwith that the appeal has been made and shall furnish the Board with a copy of the appeal.

Nomination of management representative on Tribunal

“12c. Where the Public Service Board receives a copy of an appeal from the Director under sub-regulation 12b(5), the Board shall nominate, for the purposes of paragraph 16 (2a)(b) of the Act, a person to represent the Board for the purpose of the appeal and shall inform the Director of the name and address of the person so nominated.

Referral of appeals under this Division to the Tribunal

“12d.Where the Director receives an appeal under regulation 12b,the Director shall, as soon as practicable, refer that appeal to a Chairman of a Tribunal and inform that Chairman of the name and address of the person nominated by the Public Service Board for the purposes of paragraph 16 (2a)(b) of the Act.

Nomination of officers’ representative on Tribunal

“12e.(1)In this regulation, ‘prescribed organizations’ means the organizations referred to in regulation 2of the Commonwealth Employees (Redeployment and Retirement) (Prescribed Organizations) Regulations.

“(2)Where the Director receives an appeal under regulation 12b,the Director shall inform the prescribed organizations of—

(a) the fact that the appeal has been made;

(b) the nature of the appeal and the reasons for the making of the declaration or the giving of the notice, as the case may be, to which the appeal relates;

(c) the name and classification of the appellant; and

(d) the name of the Department in which the officer is employed,

and the Director shall request that those organizations nominate a person for the purposes of paragraph 16 (2a) (c) of the Act for the purpose of the appeal.

“(3) The person to represent officers as a member of a Tribunal for the purpose of an appeal shall be a person nominated jointly by the prescribed organizations and may be a person so nominated in respect of that appeal or a person so nominated as a person to represent officers in appeals generally or in appeals included in a particular class of appeals.

“(4) Where the prescribed organizations receive a request under sub-regulation (2),those organizations shall nominate a person for the purposes of paragraph 16 (2a)(c) of the Act for the purpose of an appeal and shall inform the Director of the name and address of the person so nominated.

“(5) Upon being informed of the name of the person nominated in accordance with sub-regulation (4), the Director shall notify the Chairman of the Tribunal concerned accordingly.

Date of hearing of appeal

“12f. (1)Subject to this regulation, as soon as practicable after an appeal has been referred to a Chairman under regulation 12d,the Chairman shall fix the date on which, and the time and place at which, the Tribunal will hear the appeal, and shall forthwith notify the appellant and the persons nominated for the purposes of paragraphs 16 (2a)(b) and (c) of the Act of that date, time and place.

“(2)A Chairman shall not fix under sub-regulation (1)a date that is less than 7 days after the date of expiration of the period prescribed in the Public Service Regulations for the purposes of sub-section 76m (1) or (3) of the Public Service Act 1922, as the case requires.

“(3) Where a copy of a supplementary statement is furnished to an appellant under sub-regulation 12g(3) after the date of expiration of the period referred to in sub-regulation (2),a Chairman shall not fix under sub-regulation (1)a date that is less than 7 days after the date on which a copy of that supplementary statement is so furnished.

Documents relating to appeals

“12g. (1)The Public Service Board shall, as soon as practicable after receiving a copy of an appeal from the Director, furnish the Director with 5 copies of—

(a) the notice given to the appellant under sub-section 76k (2) or 76l (3) of the Public Service Act 1922, as the case may be; and

(b) the statement referred to in sub-regulation 12b(4).

“(2)The Public Service Board may furnish the Director with a supplementary statement setting out information in relation to the issues raised by the appellant and the facts and circumstances in relation to those issues that were not set out in the statement referred to in sub-regulation 12b(4).

“(3) Subject to regulation 12h,a copy of the supplementary statement referred to in sub-regulation (2)shall be furnished to the appellant by the

Public Service Board as soon as practicable after the statement has been furnished to the Director.

“(4) Subject to regulation 12h,the Director shall, as soon as practicable after the Public Service Board has furnished the Director with the copies of the notice and statement referred to in sub-regulation (1)and with any supplementary statement referred to in sub-regulation (2),furnish the Chairman and each other member of the relevant Tribunal with a copy of that notice and of each of those statements and with a copy of the appeal.

Non-disclosure of information of a medical or psychiatric nature

“12h. (1) Where—

(a) a statement or supplementary statement prepared by the Public Service Board for the purposes of sub-regulation 12b (4) or 12g (2),as the case may be, contains information of a medical or psychiatric nature concerning the appellant; and

(b) it appears to the Board that the disclosure of that information to the appellant might be prejudicial to the physical or mental health, or well-being, of the appellant,

the Board may, with the approval of the Director, exclude that information from the statement or the copy of the supplementary statement required to be furnished to the appellant under sub-regulation 12b (4) or 12g (3), as the case requires, and give that information instead to a medical practitioner nominated for that purpose by the appellant.

“(2) Where information is excluded under sub-regulation (1)from a statement or a copy of a supplementary statement furnished to an appellant, the Public Service Board shall, in a separate document accompanying that statement or that copy, indicate—

(a) the nature of the information so excluded;

(b) the manner in which that information may be made available to the appellant; and

(c) that, where the appellant is not satisfied with the manner in which the information may be obtained, the appellant may apply to the Director for the provision of that information.

“(3) Where information is excluded under sub-regulation (1)from a statement or a copy of a supplementary statement furnished to an appellant, the Public Service Board shall, in a separate document accompanying the documents furnished to the Director under regulation 12g, indicate the information that has been so excluded

“(4) Where an appellant is not satisfied with the manner in which he or she may obtain information excluded in accordance with sub-regulation (1)from a statement or a copy of a supplementary statement, the appellant may apply to the Director for the provision of that information.

“(5) Where the Director receives an application under sub-regulation (4) for the provision of information referred to in that sub-regulation, the Director shall refer that information to a Commonwealth Medical Officer together with all other relevant information for advice as to whether or not disclosure to the appellant of the information excluded in accordance with sub-regulation (1) would be, or would be likely to be, prejudicial to the physical or mental health, or well-being, of the appellant.

“(6) Where the Commonwealth Medical Officer to whom information is referred under sub-regulation (5) advises the Director that provision of that information or part of that information to the appellant would be, or would be likely to be, prejudicial to the physical or mental health, or well-being, of the appellant, the Director shall not provide that information or that part of that information to the appellant.

“(7) Where information is withheld from an appellant by virtue of the application of this regulation, the relevant Tribunal shall be so informed and may, notwithstanding the other provisions of this regulation, release that information or part of that information to that appellant in such manner and subject to such conditions or limitations as it considers appropriate in the circumstances.

“Division 3—Proceedings before Tribunals

Interpretation of Division 3

“12j. In this Division, a reference to an appeal shall be read as a reference to an appeal referred to in paragraph 3 (1) (a), (b), (c) or (d) or 12a (2) (a) or (b).”.

Service of documents

7. Regulation 22 of the Principal Regulations is amended by inserting “or Senior Executive Service officer” after “employee”.

Delegations

8. Regulation 23 of the Principal Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) The Director may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to—

(a) an officer or employee within the meaning of the Public Service Act 1922; or

(b) a person appointed to, or to act in, an office, under a law of the Commonwealth, by the Governor-General or a Minister,

any of the Director’s powers under these Regulations other than this power of delegation.”.

   

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1984.

2. Statutory Rules 1981 No. 13 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 133 and see also