Commonwealth Public Service Regulations (Amendment) (Cth)

STATUTORY RULES.

1946. No. 68.

REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1945.*

THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1945, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of His Royal Highness the Governor-General, hereby makes the following Regulations.

Dated this second day of April, 1946.

F. G. THORPE

Commissioner.

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I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this tenth day of April, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

JOHN J. DEDMAN

for Prime Minister.

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Amendments of the Commonwealth Public Service Regulations. 

Commencement.

1.These Regulations shall come into operation on the first day of May, 1946.

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* Notified in the Commonwealth Gazette to on 11th April, 1946.

  Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; 1942, Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943, Nos. 271, 272 and 301; 1944, Nos. 6, 132, 138 and 143; 1945, Nos. 15, 35, 115, 118 and 124; and 1946, No. 22.

7193.—Price 5d.

2. After regulation 72a of the Commonwealth Public Service Regulations the following regulations are inserted:—

Creation and constitution of Joint Council.

“72B.—(1.) There shall be a Joint Council which shall be constituted by

(a) a representative of the Public Service Board nominated by that Board, who shall be Chairman;

(b) six departmental representatives nominated by Permanent Heads as requested by the Board; and

(c) seven representatives of organizations of officers and employees nominated as follows:—

(i) five by organizations affiliated with the High Council of Commonwealth Public Service Organizations of whom two shall be representative of Second and Third Division officers and three of Fourth Division officers, one of these three to be the representative of female officers, and

(ii) two by the Amalgamated Postal Workers’ Union of Australia.

“(2.) An authority having power under this regulation to nominate a person to be its representative on the Council may make a nomination in respect of each meeting of the Council.

“(3.) Every nomination of a representative under this regulation, other than a nomination by the Board, shall be in writing and shall be forwarded to the Board as soon, as practicable after the nominee is selected.

Deputy Chairman.

“72c. There shall be a Deputy Chairman of the Joint Council who shall be chosen by the Council from the representatives of the organizations on the Council.

Meeting.

“72d.— (1.) The Joint Council shall meet at such times and places as the Board directs, having regard to the nature and volume of business to be submitted for the consideration of the Council.

“(2.) Eight members of the Council—

(a) one of whom shall be the representative of the Board;

(b) three of whom shall be departmental representatives; and

(c) four of whom shall be representatives of organizations,

shall form a quorum at any meeting.

“(3.) All questions shall be decided by a majority of the votes of the members of the Council present at any meeting.

Functions of the Council.

“72e— (1.) The functions of the Joint Council shall be to consider such matters of general interest in relation to the Commonwealth Service as are referred to it by the Board and to make reports and, if the Council considers it necessary or desirable, recommendations thereon.

“(2.) The Permanent Head of any Department or an organization of officers or employees or officers and employees may submit to the Board any matter which the Permanent Head or the organization considers to be a matter of general interest in relation to the Commonwealth Service and the Board shall refer such matter to the Council.

Secretary to the Joint Council.

“72f. A Secretary to the Joint Council shall be appointed by the Board which shall also arrange to provide such other staff as is necessary.

Agenda.

“72g. When a meeting of the Joint Council is to be held, the Chairman shall cause to be sent with the notice to each member an agenda setting out the matters to be discussed at that meeting.

Inquiries by the Council.

“72n. The Joint Council may, as a whole or through the medium of sub-committees or individual members of the Council appointed by it for the purpose, conduct such inquiries as appear to the Council to be necessary for the full and proper consideration of any matters referred to the Council.

Record of meetings.

“72j. A record of the proceedings of the Joint Council shall be kept by the Secretary to the Council in such form as the Council itself decides.

Procedure.

“72k. Subject to these Regulations, the Joint Council shall decide any matter relating to the conduct of its business or upon the procedure to be adopted at its meetings.

Constitution of Classification Committees.

“72 l.—(1.) Central Classification Committees, and Classification Committees in the Australian Capital Territory and in each State, may be constituted from time to time whenever considered necessary by the Board.

“(2.) Each such Committee shall consist of—

(a) an officer appointed by the Board, who shall be Chairman;

(b) an officer nominated by the Permanent Head of the Department in which the Committee is to consider classifications of officers;

(c) an officer nominated by the organization covering the class of office which is to be considered.

“(3.) In this regulation, ‘organization’ means an organization within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1934.

Notification of nominees.

“72m. The respective Permanent Heads and organizations shall, as requested, notify the Board of the names of their respective nominees.

Functions of Committee.

“72n.— (1.) A Central Classification Committee shall undertake such examination of the salary classifications of officers in such Departments or sections of Departments as are referred to it by the Board and shall, after consideration, submit the matter to the Board for determination.

“(2.) A Classification Committee in the Australian Capital Territory or in a State shall undertake such examination of the salary classifications of officers in such Departments or sections of Departments as are referred to it by the Board and forward its views to the appropriate Central Classification Committee which shall, after consideration, submit the matter to the Board for determination.

Salary and allowances whilst acting as a member of Joint Council or classification Committee.

“72p.—(1.) All officer shall be granted leave of absence from his normal duties without loss of salary whilst acting as a member of the Joint Council or a Classification Committee.

“(2.) Where, by reason of his duties as a member of the Joint Council or a Classification Committee, an officer is required to be absent from his usual station overnight, he shall be paid travelling allowance at such rate as the Board determines.”.

Vacancies to the reported.

3.Regulation 107 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1.) the words “When a vacancy occurs” and inserting in their stead the words “Where a vacancy exists”.

Notification of vacancies.

4.Regulation 108 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1.) the word “occurring” and inserting in its stead the word “existing”.

Reports as to officers.

5.After regulation 108 of the Commonwealth Public Service Regulations the following regulations are inserted:—

“108a. Every report submitted to a Permanent Head or Chief Officer in relation to officers to be considered for provisional promotion shall cover such specific matters as are determined by the Board from time to time and notified to Permanent Heads and Chief Officers.

Unsuccessful senior applicants to be informed of matters adversely affecting them.

“108b.— (1.) Where a senior applicant is not selected for provisional promotion to a vacant office, the Permanent Head or the Chief Officer, as the case may be, shall, at the time of the making of the selection, inform the officer of any specific adverse matter which was decisive against his selection.

“(2.) Where the senior applicant is not an officer of the Department in which the provisional promotion is being made, the notification shall be sent through the Permanent Head or Chief Officer of the Department to which that applicant is attached.”.

Notification of provisional promotions.

6.Regulation 109 of the Commonwealth Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “to the Board”;

(b) by adding at the end of sub-regulation (2.) the following words:—“or, in the case of a provisional promotion to a vacancy in any office referred to in regulation 109g, which shall be that the appellant is senior to the officer provisionally promoted and is efficient”; and

(c) by omitting from sub-regulation (4.) the words “by the Board”.

7. After regulation 109c of the Commonwealth Public Service Regulations the following regulations are inserted:—

Constitution of Promotions Appeal Committees.

“109d.— (1.) A Promotions Appeal Committee for a State shall be constituted by—

(a) a Chairman appointed by the Board, who, while acting as Chairman, shall not be subject to direction by any person or authority under the Act;

(b) an officer nominated by the Permanent Head of the Department in which there has been a provisional promotion against which an appeal has been instituted in the State; and

(c) an officer nominated by the organization covering the class of office to which a provisional promotion has been made:

Provided that—

(i) where more than one organization covers the class of office to which the provisional promotion has been made, the officer shall be nominated by the organization the membership of which includes the largest number of officers occupying offices of the class to which the promotion is being made;

(ii) in the case of appeals in respect of a provisional promotion to an office specified in the first column in the following table, the officer

referred to in paragraph (c) of this sub-regulation shall be nominated by the organization specified in the second column of that table opposite the designation of that office:—

Office in respect of which provisional promotion is made.	Organization by which officer shall be nominated.
Supervising Technician, Grade 1	Postal Telecommunication Technicians’ Association (Australia)
Postmaster, Grade 2.....................................	Australian Third Division Telegraphists and Postal Clerks’ Union
Line Inspector, and Overseer, Mail Branch, Postmaster-General’s Department	Amalgamated Postal Workers’ Union of Australia

“(2.) An organization may, if it so desires, nominate not more than three officers in each State, any one of whom may act from time to time as a member of a Promotions Appeal Committee for the determination of appeals in respect of promotions to such sections or classes of office as are respectively specified by the organization when making its nominations.

“(3.) An organization may nominate an officer to be the deputy of each officer nominated by it as a member of a Promotions Appeal Committee and the deputy may, during the absence of the member for whom he is the deputy, act as a member of the Committee.

“(4.) An officer nominated by an organization to be a member of a Promotions Appeal Committee or as a deputy of a member shall continue as a member or deputy of a member, as the case may be, for a period of twelve months from date of nomination unless he sooner resigns from the position.

“(5.) An officer shall not act as a member of a Promotions Appeal Committee in any case in which he is the provisional promotee or an appellant.

“(6.) An officer or his deputy shall be granted leave of absence from his normal duties without loss of salary whilst acting as a member of a Promotions Appeal Committee.

“(7.) Where, by reason of his duties as a member of a Promotions Appeal Committee, an officer is required to be absent from his usual station overnight, he shall be paid travelling allowance at such rate as the Board determines.

“(8.) In this regulation, ‘organization’ means an organization within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1934.

Appeals in relation to the Northern Territory.

“109e.— (1.) Until such time as a Promotions Appeal Committee is constituted for the Northern Territory, appeals by officers performing their duties in, or in respect of vacancies in offices in, the Northern Territory shall be inquired into and determined as provided by this regulation.

“(2.) Where an officer performing his duties in the Northern Territory appeals against a provisional promotion to a vacancy in an office, that officer shall, for the purposes of section fifty of the Act, be deemed to be performing his duties—

(a) in the State of Queensland, in the case of a vacancy in the Department of Trade and Customs;

(b) in the State of South Australia in the case of a vacancy in the Postmaster-General's Department; and

(c) in the Australian Capital Territory in any other case,

and the provisions of that section shall apply accordingly.

“(3.) Where an appeal is lodged against a provisional promotion to a vacancy existing in an office in the Northern Territory, the vacancy shall, for the purposes of section fifty of the Act, be deemed to exist—

(a) in the State of Queensland, in the case of a vacancy in the Department of Trade and Customs;

(b) in the State of South Australia, in the case of a vacancy in the Postmaster-General’s Department; and

(c) in the Australian Capital Territory, in any other case,

and the provisions of that section shall apply accordingly.

Conduct of inquiries by Promotions Appeal Committees.

“109f. It shall be the duty of a Promotions Appeal Committee to make its inquiries without regard to legal forms or solemnities.

Promotions on basis of senior efficient officer available.

“109g. The provisions of sub-section (3a.) of section 50 of the Act shall apply in relation to the following offices (and to the offices included in the following groups or sections of offices):—

Assistant, Grade 1—female.

Assistant, Grade 2—male or female.

Labourer.

Lift Attendant

Lineman, Grade 2.

Line Foreman, Grade 1.

Mail Officer.

Postal Assistant, Grade 1.

Postal Assistant (Mail).

Postal Clerk (Fourth Division).

Senior Postal Clerk, Grade 1.

Assistant Storeman.

Storeman, Grade 1.

Storeman, Grade 2.

Telegraphist (Fourth Division).

Quarantine Assistant, Grade 1.

Searcher and Watchman.

Maximum salary for purposes of certain appeals.

“109h. The prescribed maximum salary for the purposes of sub-section (8b.) of section 50 of the Act shall be Four hundred and fifty pounds per annum exclusive of prescribed adjustments to meet cost-of-living variations.”.

Temporary transfer.

8.Regulation 116 of the Commonwealth Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “from available officers on the basis of efficiency and seniority” and inserting in their stead the words “on the following bases:—

(a) in the case of a temporary transfer for a period not exceeding one month, the senior available efficient officer shall be selected;

(b) in the case of a temporary transfer for a period exceeding one month, the most efficient available officer shall be selected, except in the case of an office in respect of promotion to which the basis of selection is the senior efficient officer available for promotion, when the senior efficient officer available shall be selected”;

(b) by inserting after that sub-regulation the following sub-regulations:—

“(1.a.) Where a temporary transfer is for a period exceeding one month or where the temporary transfer, although originally made for a period not exceeding one month, does in fact exceed that period, a senior officer who is not selected for temporary transfer may appeal on the ground that he is available for temporary transfer and that his efficiency is equal to that of the officer selected or, in the case of an office in respect of promotion to which the basis of selection is the senior efficient officer available for promotion, on the ground that he is available and can efficiently discharge the duties of the office.

“(1b.) The provisions of section 50 of the Act and of regulations 109 to 109h of these Regulations shall apply, mutatis mutandis, to an appeal under this regulation as if it were an appeal under that section and, where the appeal is upheld, the officer whose appeal is upheld shall be temporarily transferred and the temporary transfer of the officer originally transferred shall be cancelled.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.