Merit Protection (Australian Government Employees) Act 1984 (Cth)
Consolidated as in force on 5 December 1999
(includes amendments up to Act No. 146 of 1999)
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Merit Protection (Australian Government Employees) Act 1984 .
(1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Agency means the Merit Protection and Review Agency.
authorized person means:
(a) a person appointed by the Agency to be an authorized person for the purposes of this Act; or
(b) a person included in a class of persons appointed by the Agency to be authorized persons for the purposes of this Act.
Commonwealth authority means:
(a) a body corporate incorporated, whether before or after the commencement of this section, for a public purpose by an Act, by regulations made under an Act or by or under a law of a Territory, being a body employing staff otherwise than under the
Public Service Act 1922 ;(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this section, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or law of a Territory, being an authority or body employing staff otherwise than under the
Public Service Act 1922 ;(c) a company or other body corporate incorporated, whether before or after the commencement of this section, under a law of the Commonwealth, of a State or of a Territory, being a company or other body corporate in which the Commonwealth has a controlling interest; or
(d) an authority or body established, whether before or after the commencement of this section and whether by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory or otherwise, and whether a body corporate or not, being an authority or body that is financed in whole or in substantial part, either directly or indirectly, by money provided by the Commonwealth and employs staff otherwise than under the
Public Service Act 1922 ;but does not include the Australian Federal Police;
but does not include:
(a) an enactment authority as defined by section 3 of the
A.C.T. Self‑Government (Consequential Provisions) Act 1988 , incorporated or established for a public purpose; or(b) a body corporate incorporated, or an authority or body (not being a body corporate), incorporated or established for a public purpose by or in accordance with a law of the Northern Territory, being a body or authority employing staff otherwise than under the
Public Service Act 1922 .
Commonwealth employee means a person who is:
(a) an officer or employee within the meaning of the
Public Service Act 1922 ; or(b) employed by a Commonwealth authority.
Department has the same meaning as in thePublic Service Act 1922 .
enactment means:
(a) an Act; or
(b) a law that is an enactment within the meaning of the
Australian Capital Territory (Self‑Government) Act 1988 ; or(c) an Ordinance made under section 12 of the
Seat of Government (Administration) Act 1910 ; or(d) an instrument (including an industrial award, a determination, rules, regulations or by‑laws) made under a law that is an enactment by virtue of paragraph (a), (b) or (c).
industrial award has the same meaning as in thePublic Service Act 1922 .
Joint Selection Committee means a Joint Selection Committee referred to in section 50DA or 50DB of thePublic Service Act 1922 or a similar committee referred to in any other enactment.
member means a member of the Agency and includes the Merit Protection Commissioner.
officer has the same meaning as in thePublic Service Act 1922 .
relevant Secretary has the same meaning as in thePublic Service Act 1922 .
Secretary has the same meaning as in thePublic Service Act 1922 .
the Service has the same meaning as in thePublic Service Act 1922. (2) A reference in this Act to an action taken or a decision made in relation to a Commonwealth employee in relation to his or her employment as a Commonwealth employee shall be read as including a reference to an action taken or a decision made in relation to the employee in relation to a matter that is incidental or ancillary to that employment.
(1) The object for which the Agency is established is to ensure that actions taken and decisions made in relation to a Commonwealth employee in relation to his or her employment as a Commonwealth employee are fair and equitable and are taken or made in accordance with sound personnel management practices and with due regard being had to:
(a) the efficiency of the relevant authority; and
(b) the need to ensure good relations between the relevant authority and its employees.
(2) In subsection (1),
relevant authority , in relation to a Commonwealth employee, means:
(a) in a case where the employee is an officer or employee within the meaning of the
Public Service Act 1922 —the Service; and(b) in a case where the employee is employed by a Commonwealth authority—the Commonwealth authority.
There is hereby established a Merit Protection and Review Agency.
(1) The functions of the Agency are:
(a) to arrange for the establishment of, and to ensure the proper and efficient operation of, Review Committees in accordance with Division 2;
(aa) to arrange for the establishment of committees under section 35A to perform functions pursuant to requests referred to in that section;
(b) to review decisions in accordance with Division 3;
(c) to investigate actions in accordance with Division 4;
(d) to conduct inquiries in accordance with Division 5;
(e) to provide advice in relation to grievances and appeals in accordance with Division 6;
(ea) to perform functions under section 57A pursuant to requests referred to in that section;
(f) to review promotions in accordance with section 50DAA of the
Public Service Act 1922 ;(g) to provide to Secretaries of Departments, and chief executive officers of Commonwealth authorities, services in connection with the establishment, constitution and operation of Joint Selection Committees; and
(h) with the consent of the Minister, to enter into an arrangement with the Australian Capital Territory or an authority of the Territory under which the Agency will perform, for the Territory or the authority, as the case may be, functions conferred by an enactment and similar, or substantially similar, to functions performed by the Agency under this Act.
(1A) The Agency may require a Department or Commonwealth authority to make a payment for the provision of services referred to in paragraph (1)(g).
(2) An arrangement referred to in paragraph (1)(h) may include provisions for payment by the other party to the arrangement for the performance of functions by the Agency in accordance with the arrangement.
In this Division,
Review Committee means:
(a) a Promotion Appeal Committee established under Subdivision B; or
(b) a Disciplinary Appeal Committee established under Subdivision C; or
(c) a Redeployment and Retirement Appeal Committee established under Subdivision D; or
(d) a Re‑appointment Review Committee established under Subdivision E; or
(e) a Re‑integration Assessment Committee established under Subdivision F; or
(f) a committee established under Subdivision FA.
(1) The Agency shall take reasonable steps to ensure that Joint Selection Committees and Review Committees carry out their functions properly and efficiently.
(2) Without limiting the generality of subsection (1), the Agency shall:
(a) provide staff to assist Review Committees to perform their functions; and
(b) issue guidelines, not inconsistent with this Act or the regulations, in relation to procedure to which Joint Selection Committees and Review Committees may have regard in performing their functions.
The Agency shall, from time to time, arrange for the establishment, in accordance with section 10, of such Promotion Appeal Committees as appear to it to be required for the purposes of determining:
(a) appeals made under section 50B or 50H of the
Public Service Act 1922 against the promotion of an officer; and(b) appeals made under regulations made for the purposes of section 51A of that Act against the selection of an officer to perform temporarily the duties of an office of a classification higher than the officer’s classification.
(1) A Promotion Appeal Committee shall be constituted by:
(a) a Convenor nominated by the Agency;
(b) a person nominated by the Secretary of the Department in which the promotion or selection that is the subject of the appeal was made; and
(c) a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation or, in the absence of such a nomination, nominated in such other manner as the regulations provide.
(2) A decision of a Promotion Appeal Committee shall not be called in question by reason of a defect or an irregularity in connection with the nomination of a member of the Committee referred to in paragraph (1)(b) or (c).
For the purposes of this Subdivision, the parties to particular appeal proceedings are the officer promoted or selected and the appellant or appellants.
(1) Where a Promotion Appeal Committee has been constituted for the purposes of an appeal but, before the appeal has been finally determined by the Committee, a member or members of the Committee ceases or cease to be such a member or members or, for any other reason, ceases or cease to take part in consideration of the claims of the respective parties to the appeal proceedings or in the determination of the appeal, the Committee shall be reconstituted by the remaining member or members (if any) and another member or other members appointed or nominated in accordance with subsection 10(1).
(2) Where a Promotion Appeal Committee is reconstituted pursuant to subsection (1), the Committee as reconstituted may, subject to subsection (3), have regard to the evidence given, the arguments adduced and the reasons for any decision given during the proceedings before the Committee as previously constituted.
(3) Subsection (2) does not apply in relation to a Promotion Appeal Committee that is reconstituted pursuant to subsection (1) unless:
(a) 2 of the members of the Committee as reconstituted were members of the Committee as previously constituted; or
(b) the parties to the appeal proceedings agree that the subsection is to apply.
(4) For the purposes of this section, the parties to particular appeal proceedings are the officer promoted or selected and the appellant or appellants.
For the purposes of the determination of an appeal or any matter arising in the course of hearing an appeal, where the members of the Promotion Appeal Committee do not concur in a decision relating to the determination of that appeal or of that matter:
(a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
(b) in any other case—the decision of the Convenor of the Committee shall be deemed to be the decision of the Committee.
Sittings of a Promotion Appeal Committee may be held from time to time as required at such places in Australia as are approved by the Agency.
(1) An enactment may provide that appeals of a specified kind in relation to promotions of Commonwealth employees, not being appeals to which section 9 applies, may be made to a Promotion Appeal Committee established in accordance with this Subdivision and where an enactment so provides:
(a) the Agency shall, from time to time, arrange for the establishment of such Promotion Appeal Committees as appear to it to be required for the purposes of hearing appeals of that kind;
(b) in hearing an appeal of that kind a Promotion Appeal Committee has and may exercise the same powers in respect of procedure that it would have or could exercise if it were hearing an appeal to which section 9 applies; and
(c) the enactment may make such modification to sections 10, 11, 12 and 13 and to paragraph (b) of this subsection, in their application to appeals of that kind, as are necessary to enable a Promotion Appeal Committee to be constituted to hear appeals of that kind.
(2) In subsection (1),
promotion includes the selection of a Commonwealth employee to perform temporarily the duties of an office or position of a classification higher than the classification of the office or position held by the Commonwealth employee.
(1) A Promotion Appeal Committee shall refuse to consider or further consider an appeal if each member of the Committee is satisfied that the appeal is frivolous or vexatious or was not made in good faith.
(2) Where a Promotion Appeal Committee refuses to consider or further consider an appeal, the appeal shall thereupon be deemed to have been withdrawn.
The Agency shall, from time to time, arrange for the establishment, in accordance with section 17, of such Disciplinary Appeal Committees as appear to it to be required for the purposes of Divisions 6 and 6A of Part III of the
Public Service Act 1922.
(1) A Disciplinary Appeal Committee established for the purpose of an appeal under section 63D, 63F or 63P of the
Public Service Act 1922 , or of a request under section 63G of that Act, shall be constituted by:
(a) a Convenor nominated by the Agency;
(b) a person nominated by the relevant Secretary in relation to the person who appealed or made the request; and
(c) a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation or, in the absence of such a nomination, nominated in such other manner as the regulations provide.
(2) A person shall not be appointed as the Convenor of a Disciplinary Appeal Committee unless the person is or has been a Magistrate or is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years.
(3) The person first referred to in paragraph (1)(b) and the person referred to in paragraph (1)(c) shall be nominated for the purposes of a particular appeal only and a person concerned in the laying of, or in the inquiry held in respect of, a charge under section 61 of the
Public Service Act 1922 , or in the making of a direction under subsection 63(1) of that Act, shall not be nominated for the purpose of an appeal relating to that charge or for the purpose of an appeal against that direction or against a decision made in pursuance of that direction, as the case may be.(4) If a Disciplinary Appeal Committee is of the opinion that a person who appealed to it under section 63D, 63F or 63P of the
Public Service Act 1922 had no reasonable grounds for that appeal, and that the appeal was frivolous or vexatious or was not made in good faith, it may order that the person pay such sum, not exceeding the cost of the hearing, as it specifies in the order and the sum so ordered to be paid may, where the person is still an officer, be recovered by deductions from the salary of the person under section 65 of that Act.(5) A reference in this section to the relevant Secretary, in relation to a person who has been dismissed from the Service under Division 6 of Part III of the
Public Service Act 1922 , is a reference to the Secretary of the Department in which the person held an office, or was included, immediately before being dismissed or, if that Department has ceased to exist, the Secretary of such Department as the Public Service Commissioner directs.
For the purposes of hearing an appeal or request a Disciplinary Appeal Committee may take evidence on oath or affirmation and, for those purposes, a member of the Committee may administer an oath or affirmation.
(1) Where the hearing of an appeal or request has been commenced before a Disciplinary Appeal Committee but, before the appeal or request has been finally determined, a member of the Committee has ceased to be such a member or, for any other reason, is unable to take any further part in the determination of the appeal or request, the 2 remaining members of the Disciplinary Appeal Committee may, with the consent of the Agency, constitute the Committee for the purpose:
(a) if the hearing has not been completed—of completing the hearing; and
(b) if both members concur in the decision—of determining the appeal or request.
(2) If, for any reason, a Disciplinary Appeal Committee constituted in accordance with subsection (1) by the remaining members of a Disciplinary Appeal Committee established under section 16 to hear and determine an appeal or request does not complete the hearing and determine the appeal or request, a new Disciplinary Appeal Committee constituted in accordance with subsection 17(1) shall hear and determine the appeal or request and, for that purpose, may have regard to the evidence given, the arguments adduced and the reasons for any decision given during the previous hearing.
Except as provided by subsection 19(1) in relation to the determination of an appeal or request, for the purposes of determining an appeal or request or any matter arising in the course of hearing an appeal or request, where the members of the Disciplinary Appeal Committee do not concur in a decision relating to the determination of that appeal or request or of that matter:
(a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
(b) in any other case—the decision of the Convenor of the Committee shall be deemed to be the decision of the Committee.
An enactment may provide that appeals of a specified kind in relation to disciplinary action in relation to Commonwealth employees, not being appeals to which section 16 applies, may be made to a Disciplinary Appeal Committee established in accordance with this Subdivision and where an enactment so provides:
(a) the Agency shall, from time to time, arrange for the establishment of such Disciplinary Appeal Committees as appear to it to be required for the purpose of hearing appeals of that kind;
(b) in hearing an appeal of that kind a Disciplinary Appeal Committee has and may exercise the same powers in relation to procedure that it would have or could exercise if it were hearing an appeal to which section 16 applies; and
(c) the enactment may make such modification to sections 17, 18, 19 and 20 and to paragraph (b) of this section, in their application to appeals of that kind, as are necessary to enable a Disciplinary Appeal Committee to be constituted to hear appeals of that kind.
The Agency shall, from time to time, arrange for the establishment, in accordance with section 23, of such Redeployment and Retirement Appeal Committees as appear to it to be required for the purposes of appeals under Divisions 8B and 8C of Part III of the
Public Service Act 1922.
(1) A Redeployment and Retirement Appeal Committee shall be constituted by:
(a) a Convenor nominated by the Agency;
(b) a person nominated by:
(i) where the Committee is constituted for the purpose of an appeal under Division 8B of Part III of the
Public Service Act 1922 or an appeal under Division 8C of Part III of that Act against the giving of a notice by the Public Service Commissioner—the Public Service Commissioner; or(ii) where the Committee is constituted for the purpose of any other appeal by an officer under Division 8C of Part III of the
Public Service Act 1922 —the relevant Secretary; and(c) a person nominated by the organisation that is, under the regulations, the appropriate organisation or, in the absence of such a nomination, a person nominated as provided by the regulations.
(2) In this section,
officer has the same meaning as in Division 8C of Part III of thePublic Service Act 1922.
For the purpose of hearing and determining an appeal of the kind referred to in section 22, a Redeployment and Retirement Appeal Committee may take evidence on oath or affirmation and, for those purposes, a member of the Committee may administer an oath or affirmation.
(1) Where the hearing of an appeal has been commenced before a Redeployment and Retirement Appeal Committee but, before the appeal has been finally determined, a member of the Committee has ceased to be such a member or, for any other reason, is unable to take any further part in the determination of the appeal, the 2 remaining members of the Committee may, with the consent of the Agency constitute the Committee for the purpose:
(a) if the hearing has not been completed—of completing the hearing; and
(b) if both members concur in the decision—of determining the appeal.
(2) If, for any reason, a Committee constituted in accordance with subsection (1) by the remaining members of the Committee established under section 22 to hear and determine an appeal does not complete the hearing and determine the appeal, a new Committee constituted in accordance with subsection 23(1) or (2), as the case requires, shall hear and determine the appeal and, for that purpose, may have regard to the evidence given, the arguments adduced and the reasons for any decision given during the previous hearing.
Except as provided by subsection 25(1) in relation to the determination of an appeal, for the purposes of determining an appeal or any matter arising in the course of hearing an appeal, where the members of the Redeployment and Retirement Appeal Committee do not concur in a decision relating to the determination of that appeal or of that matter:
(a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
(b) in any other case—the decision of the Convenor of the Committee shall be deemed to be the decision of the Committee.
An enactment may provide that appeals of a specified kind in relation to redeployment or retirement of Commonwealth employees, not being appeals to which section 22 applies, may be made to a Redeployment and Retirement Appeal Committee established in accordance with this Subdivision and, where an enactment so provides:
(a) the Agency shall, from time to time, arrange for the establishment of such Redeployment and Retirement Appeal Committees as appear to it to be required for the purposes of hearing appeals of that kind;
(b) in hearing an appeal of that kind a Redeployment and Retirement Appeal Committee has and may exercise the same powers in relation to procedure that it would have or could exercise if it were hearing an appeal to which section 22 applies; and
(c) the enactment may make such modification to sections 23, 24, 25 and 26 and to paragraph (b) of this subsection, in their application to appeals of that kind, as are necessary to enable a Redeployment and Retirement Appeal Committee to be constituted to hear appeals of that kind.
The Agency shall, from time to time, arrange for the establishment, in accordance with section 28, of such Re‑appointment Review Committees as appear to it to be required for the purposes of Division 3 of Part IV of the
Public Service Act 1922.
(1) A Re‑appointment Review Committee shall consist of:
(a) a Convenor nominated by the Agency;
(b) a person nominated by the Public Service Commissioner; and
(c) a person nominated by the organization that is, as provided by the regulations, the appropriate organization or, in the absence of such a nomination, nominated in such other manner as the regulations provide.
(2) Where a Re‑appointment Review Committee is established to inquire into an application by an applicant whose employment has been, or, in the opinion of the Public Service Commissioner, may have been, terminated on the ground of his or her misconduct, or into an application made under section 87P of the
Public Service Act 1922 , a person shall not be appointed as Convenor of the Committee unless he or she is or has been a Magistrate or is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years.
(1) Where a Re‑appointment Review Committee has been constituted for the purposes of inquiring into an application but, before the application has been finally determined by the Committee, a member or members of the Committee ceases or cease to be such a member or members or, for any other reason, ceases or cease to take part in the determination of the application, the Committee shall be reconstituted by the remaining member or members (if any) and another member or other members appointed or nominated in accordance with subsection 28(1).
(2) Where a Re‑appointment Review Committee is reconstituted pursuant to subsection (1), the Committee as reconstituted may, subject to subsection (3), have regard to the evidence given, the arguments adduced and the reasons for any decision given during the proceedings before the Committee as previously constituted.
(3) Subsection (2) does not apply in relation to a Re‑appointment Review Committee that is reconstituted pursuant to subsection (1) unless:
(a) 2 of the members of the Committee as reconstituted were members of the Committee as previously constituted; or
(b) the parties to the appeal proceedings agree that the subsection is to apply.
For the purposes of the determination of an application or any matter arising in the course of hearing an application, where the members of the Re‑appointment Review Committee do not concur in a decision relating to the determination of that application or of that matter:
(a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
(b) in any other case—the decision of the Convenor of the Committee shall be deemed to be the decision of the Committee.
In this Subdivision:
application means an application under subsection 17(2) or 24(2) of the relevant Act.
relevant Act means theMembers of Parliament (Staff) Act 1984.
The Agency shall, from time to time, arrange for the establishment, in accordance with section 33, of such Re‑integration Assessment Committees as appear to it to be required for the purposes of Parts III and IV of the relevant Act.
A Re‑integration Assessment Committee shall consist of:
(a) a Convenor nominated by the Agency;
(b) a person nominated by the Public Service Commissioner; and
(c) a person nominated by the organization that is, as provided by the regulations, the appropriate organization or, in the absence of such a nomination, nominated in such other manner as the regulations provide.
(1) Where a Re‑integration Assessment Committee has been constituted for the purposes of an inquiry into an application made by an officer but, before the application has been finally determined by the Committee, a member or members of the Committee ceases or cease to be such a member or members or, for any other reason, ceases or cease to take part in the determination of the application, the Committee shall be reconstituted by the remaining member or members (if any) and another member or other members appointed or nominated in accordance with section 33.
(2) Where a Re‑integration Assessment Committee is reconstituted pursuant to subsection (1), the Committee as reconstituted may, subject to subsection (3), have regard to the evidence given, the arguments adduced and the reasons for any decision given during the inquiry by the Committee as previously constituted.
(3) Subsection (2) does not apply in relation to a Re‑integration Assessment Committee that is reconstituted pursuant to subsection (1) unless:
(a) 2 of the members of the Committee as reconstituted were members of the Committee as previously constituted; or
(b) the officer agrees that the subsection is to apply.
For the purposes of the determination of an application or any matter arising in the course of an inquiry, where the members of the Re‑integration Assessment Committee do not concur in a decision relating to the determination of that application or of that matter:
(a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
(b) if any other case—the decision of the Convenor of the Committee shall be deemed to be the decision of the Committee.
If:
(a) the Secretary of a Department or the chief executive officer of a Commonwealth authority; and
(b) the organisation that is, as provided by the regulations, the appropriate organisation;
both request the Agency in writing to arrange for the performance of functions stated in the request in relation to matters so stated that:
(c) affect the employment of Commonwealth employees by the Department or authority; and
(d) relate to the administration of the Department or authority;
the Agency may arrange for the establishment of a committee to perform those functions.
For the purpose of performing the requested functions, the committee is to be constituted by:
(a) a Convenor nominated by the Agency; and
(b) a person nominated by the Secretary of the Department or the chief executive officer of the authority; and
(c) a person nominated by the organisation.
If, before the committee completes the performance of the requested functions, a member or members of the committee cease to be such a member or members or, for any other reason, cease to take part in the activities of the committee, the committee is to be reconstituted by the remaining member or members (if any) and another member or other members nominated in accordance with section 35B.
A member of a Joint Selection Committee or Review Committee, while acting as such, is not subject to direction by any other person or by any body or authority other than a court.
(1) In proceedings before a Joint Selection Committee or Review Committee:
(a) the Committee shall make such inquiries as it considers necessary into the matter before the Committee;
(b) the procedure of the Committee is, subject to this Act and the relevant Act and to the regulations made under those Acts, within the discretion of the Committee;
(c) the proceedings shall be conducted with as little formality and technicality, and as quickly, as a proper consideration of the matter before the Committee permits; and
(d) the Committee is not bound by rules of evidence.
(2) In subsection (1),
relevant Act means:
(aa) in relation to a Joint Selection Committee—the enactment under which the Committee was established; and
(a) in relation to a Promotion Appeal Committee, Disciplinary Appeal Committee, Redeployment and Retirement Appeal Committee or Re‑appointment Review Committee—the
Public Service Act 1922 ; and(c) in relation to a Re‑integration Assessment Committee—the
Members of Parliament (Staff) Act 1984.
Where, in pursuance of subsection 15(1), section 21 or 26A, or subsection 39(1) or 47(1), an enactment (other than an Act) provides that:
(a) certain appeals may be made to a Review Committee; or
(b) applications may be made to the Agency for the review of certain decisions or the investigation of certain actions;
and the enactment is not otherwise required to be laid before either House of the Parliament, the Minister shall cause the enactment to be laid before each House of the Parliament as soon as practicable after the enactment is made.
In this Division,
decision means a decision made in relation to a Commonwealth employee in relation to his or her employment as a Commonwealth employee.
(1) An enactment may provide that applications may be made to the Agency for review of decisions specified in the enactment.
(2) Where an enactment makes provision in accordance with subsection (1), the enactment:
(a) shall specify the person or persons to whose decisions the provision applies;
(b) may be expressed to apply to all decisions of a person, or to a class of such decisions; and
(c) may specify conditions subject to which applications may be made.
(3) Where an enactment makes provision in accordance with this section for the making of applications to the Agency for the review of decisions of a person made in the exercise of a power conferred on that person, that provision of that enactment applies also in relation to decisions made in the exercise of that power:
(a) by any person to whom that power has been delegated;
(b) in the case where the provision specifies the person by reference to his or her being the holder of a particular office or appointment—by any person for the time being acting in, or performing any of the duties of, that office or appointment; or
(c) by any other person lawfully authorized to exercise that power.
(4) Where an enactment makes provision in accordance with subsection (1) for the review of a decision, the enactment shall specify either:
(a) that the decision may be reviewed under section 42; or
(b) that the decision may be reviewed under section 43;
and, if the enactment does not so specify, the enactment shall be deemed to specify that the decision may be reviewed under section 43.
(5) The Agency has power to review any decision in respect of which application is made to it under any enactment.
(6) For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Agency for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment, or by an industrial award as the period within which that person is required or permitted to do that act or thing shall be deemed to constitute the making of a decision by that person at the expiration of that period not to do that act or thing.
(7) Where:
(a) a person has made a decision in respect of which an application may be made to the Agency;
(b) the person made the decision in the performance or purported performance of the duties of an office or appointment; and
(c) the person no longer holds or performs the duties of the office or appointment;
this Division has effect as if the decision had been made by:
(d) the person for the time being holding or performing the duties of that office or appointment; or
(e) if there is not a person for the time being holding or performing the duties of that office or appointment or the office no longer exists—such person as the Merit Protection Commissioner, or another member authorized by the Merit Protection Commissioner, specifies.
Where an enactment provides that an application may be made to the Agency for a review of a decision, the application may be made by:
(a) the Commonwealth employee in relation to whose employment the decision was made;
(b) an organisation within the meaning of the
Workplace Relations Act 1996 that has been requested by the employee to make the application on behalf of the employee; or(c) in a case where the employee has died—the legal personal representative of the employee.
Where a Commonwealth employee applies to the Agency in accordance with this Division for review of a decision made by a person, the Agency shall give the employee and that person a reasonable opportunity to put their views in relation to the decision to the Agency and shall take those views into account in considering the application for review.
(1) For the purpose of reviewing a decision that may be reviewed under this section, the Agency may exercise all the powers and discretions that are conferred by any relevant enactment or industrial award on the person who made the decision and shall make a decision in writing:
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and:
(i) making a decision in substitution for the decision so set aside; or
(ii) remitting the matter for reconsideration in accordance with any directions or recommendations of the Agency.
(2) The Agency shall cause a copy of its decision to be given to the person applying for review and the person who made the decision under review.
(3) Subject to subsection (4), a decision of the Agency comes into operation forthwith upon the giving of the decision.
(4) The Agency may specify in a decision that the decision is not to come into operation until a later date specified in the decision and, where a later date is so specified, the decision comes into operation on that date.
(5) A decision of a person as varied by the Agency, or a decision made by the Agency in substitution for the decision of a person, shall, for all purposes (other than the purposes of applications to the Agency for a review), be deemed to be a decision of that person and, upon the coming into operation of the decision of the Agency, unless the Agency otherwise orders, has effect, or shall be deemed to have had effect, on and from the day on which the decision under review has or had effect.
(1) For the purpose of reviewing a decision that may be reviewed under this section, the Agency shall make a decision in writing:
(a) affirming the decision under review; or
(b) making a recommendation in relation to the decision under review or in relation to the matter in respect of which the decision under review was made.
(2) The Agency shall cause a copy of its decision to be given to the person applying for review and the person who made the decision under review.
(3) Where the Agency, pursuant to paragraph (1)(b), makes a recommendation in relation to the decision under review, the person who made the decision shall, having regard to that recommendation, reconsider the matter in relation to which the decision under review was made.
(4) Where, pursuant to paragraph (1)(b), the Agency recommends that:
(a) the decision under review be varied; or
(b) the decision under review be set aside and:
(i) a specified decision be made in substitution for the decision so set aside; or
(ii) a decision be made, in accordance with specified directions, in substitution for the decision so set aside;
the person who made the decision under review has, by virtue of this subsection, power to take any action necessary to give effect to the recommendation of the Agency.
(5) Where the Agency, pursuant to paragraph (1)(b), makes a recommendation and action that is, in the opinion of the Agency, adequate and appropriate in the circumstances is not taken with respect to the recommendation within a reasonable time after the Agency makes the recommendation, the Agency may inform the Prime Minister accordingly in writing.
(6) Where the Agency has, in accordance with subsection (5), furnished information to the Prime Minister in relation to a recommendation, the Agency may also forward to the President of the Senate and the Speaker of the House of Representatives, for presentation to the Senate and the House of Representatives, respectively, copies of a report prepared by it concerning the recommendation for presentation to both Houses of the Parliament.
(1) Where a Commonwealth employee applies to the Agency in accordance with this Division for review of a decision made by a person other than the Public Service Commissioner, the Agency may, if it thinks fit, request the Public Service Commissioner to give comments to the Agency in relation to the decision.
(2) Where the Agency receives comments from the Public Service Commissioner under subsection (1), the Agency shall inform the Commonwealth employee of the comments received.
A person who ceases to be a Commonwealth employee shall be deemed for the purposes of this Division to continue to be a Commonwealth employee in relation to decisions that were or are made in relation to the person in relation to his or her employment as a Commonwealth employee.
(1) In this Division, unless the contrary intention appears:
action means action taken by a Department or Commonwealth authority in relation to a Commonwealth employee in relation to his or her employment as a Commonwealth employee.
officer means:
(a) in relation to a Department:
(i) an officer or employee, within the meaning of the
Public Service Act 1922 , in the Department (including the principal officer of the Department); or(ii) any other person (not being a Minister) authorized to exercise powers or perform functions of the Department on behalf of the Department; and
(b) in relation to a Commonwealth authority:
(i) the person who constitutes, or is acting as the person who constitutes, the authority;
(ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member;
(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not he or she is employed by the authority; or
(iv) a person authorized by the authority to exercise any powers or perform any functions of the authority on behalf of the authority.
principal officer means:
(a) in relation to a Department—the Secretary of the Department; and
(b) in relation to a Commonwealth authority:
(i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or
(ii) in any other case—the person who constitutes, or is acting as the person who constitutes, that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present.
(2) Where:
(a) a person who is not an officer of a Department, or of a Commonwealth authority, for the purposes of this Division takes action in the exercise of a power or the performance of a function that the person is authorized to exercise or to perform, as the case may be, by reason of his or her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department; and
(b) the person does not exercise the power or perform the function by reason of his or her holding, or performing the duties of, an office established by, or in accordance with the provisions of, an enactment or by reason of his or her being a Judge of a court of, or a magistrate of, a State or Territory;
the action shall be deemed to be taken, for the purposes of this Division, by the Department responsible for dealing with the matter in connection with which the action is taken.
(3) Notwithstanding subsection (2), where a person is authorized to exercise a power or perform a function by reason of his or her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department otherwise than under an enactment, the regulations may provide that action taken by the person in the exercise of that power or the performance of that function shall not be deemed to be taken, for the purposes of this Division, by the Department responsible for dealing with the matter in connection with which the action is taken.
(4) For the purposes of this Division, action that is taken by an officer of a Department shall be deemed to be taken by the Department:
(a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the Department, whether or not:
(i) the action is taken for or in connection with, or as incidental to, the performance of the functions of the Department; or
(ii) the taking of the action is within the duties of the officer; or
(b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.
(5) For the purposes of this Division, action that is taken by an officer of a Commonwealth authority shall be deemed to be taken by the authority:
(a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the authority whether or not:
(i) the action is taken for or in connection with, or as incidental to, the performance of the functions of the authority; or
(ii) the taking of the action is within the duties of the officer; or
(b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.
(6) In this Division, unless the contrary intention appears, a reference to the taking of action includes a reference to:
(a) the making of a decision or recommendation;
(b) the formulation of a proposal; and
(c) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal.
(1) An enactment may provide that applications may be made to the Agency for the investigation, in accordance with this Division, of actions of a kind specified in the enactment.
(2) Where an enactment makes provision in accordance with subsection (1), the enactment may specify conditions subject to which applications may be made.
(3) The Agency has power to investigate, in accordance with this Division, any action in respect of which application is made to it under any enactment.
(4) For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Agency for investigation of actions taken by a Department or Commonwealth authority, a failure by a Department or Commonwealth authority to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment, or by an industrial award as the period within which the Department or Commonwealth authority is required or permitted to do that act or thing shall be deemed to constitute the making of a decision by the Department or Commonwealth authority at the expiration of that period not to do that act or thing.
Where an enactment provides that an application may be made to the Agency for investigation of an action, the application may be made by:
(a) the Commonwealth employee in relation to whose employment the action was taken;
(b) an organisation within the meaning of the
Workplace Relations Act 1996 that has been requested by the employee to make the application on behalf of the employee; or(c) in a case where the employee has died—the legal personal representative of the employee.
(1) Where a Commonwealth employee has made an application to the Agency with respect to action taken by a Department or Commonwealth authority, the Agency may, in its discretion, decide not to investigate the action or, if it has commenced to investigate the action, decide not to investigate the action further:
(a) if the Agency is satisfied that the employee became aware of the action more than 12 months before the application was made to the Agency; or
(b) if, in the opinion of the Agency:
(i) the application is frivolous or vexatious or was not made in good faith;
(ii) the employee has a right to apply to another person or authority in relation to the action and it is more appropriate that the action be dealt with by that person or authority rather than by the Agency; or
(iii) an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.
(1A) Where:
(a) an application has been made to the Agency with respect to particular action; and
(b) because the Agency is of the opinion that it is more appropriate that the action be dealt with by the Privacy Commissioner in the performance of the functions referred to in paragraph 27(1)(a) or 28(1)(b) or (c) of the
Privacy Act 1988 , the Agency decides, under subparagraph (1)(b)(ii) of this section, not to investigate the action, or not to investigate the action further;the Agency shall:
(c) transfer the application to the Privacy Commissioner;
(d) forthwith give notice in writing to the applicant stating that the application has been so transferred; and
(e) give to the Privacy Commissioner any information or documents that relate to the application and are in the possession, or under the control, of the Agency.
(1B) An application transferred under subsection (1A) shall be deemed to be a complaint made in writing to the Privacy Commissioner under Part V of the
Privacy Act 1988. (1C) In subsections (1A) and (1B),
Privacy Commissioner means the Privacy Commissioner within the meaning of thePrivacy Act 1988.
(1D) The Agency may decide to transfer an application to the Ombudsman if the Agency is of the opinion:
(a) that the application could have been made to the Ombudsman as a complaint under section 7 of the
Ombudsman Act 1976 ; and(b) that the subject‑matter of the application could be more conveniently or effectively investigated by the Ombudsman.
(1E) If the Agency makes a decision under subsection (1D), the Agency must:
(a) transfer the application to the Ombudsman as soon as is reasonably practicable; and
(b) give the Ombudsman any information or documents relating to the application that are in the possession, or under the control, of the Agency; and
(c) as soon as is reasonably practicable, give the applicant written notice that the application has been transferred to the Ombudsman.
(1F) An application transferred under subsection (1E) is to be taken to be a complaint made to the Ombudsman under section 7 of the
Ombudsman Act 1976 .(2) Where a Commonwealth employee has exercised, or exercises, a right to cause action to which his or her application relates to be reviewed by a court or by a tribunal constituted by or under an enactment, the Agency shall not investigate, or investigate further, as the case may be, the action unless the Agency is of the opinion that there are special reasons justifying the investigation of the action or the investigation of the action further.
(3) Where a Commonwealth employee has made an application to the Agency with respect to action taken by a Department or Commonwealth authority and:
(a) the Agency decides under subsection (1) not to investigate the action, or not to investigate the action further, and subsection (1A) does not require the Agency to transfer the application; or
(b) the Agency decides that, by reason of subsection (2), it is not permitted to investigate the action, or to investigate the action further;
the Agency shall inform the employee in writing of its decision.
(1) In addition to any right that a Commonwealth employee may have to apply to the Agency under section 47, a Commonwealth employee may apply to the Agency for investigation, in accordance with this Division, of an action taken by a Department or Commonwealth authority:
(a) on the grounds that:
(i) the action constitutes harassment of the employee for having applied to have other action (in this paragraph referred to as the
original action ) investigated (whether by the Agency under section 47 or this section or by some other person or authority); and(ii) the original action was action in respect of which the employee:
(A) made an application to the Agency under section 47 or this section; or
(B) was entitled to make an application to the Agency under section 47 or this section; or
(b) on the grounds that:
(i) the action is action in respect of which the employee would be entitled to make an application to the Agency under section 47 if the alleged action were first considered by some other person or authority; and
(ii) it is not appropriate, because of the seriousness or the sensitivity of the action, for that person or authority to consider the action.
(2) Where a Commonwealth employee applies to the Agency under subsection (1) in relation to an action, the Agency may, if it thinks fit, investigate the action.
(3) Where a Commonwealth employee applies to the Agency under subsection (1) for investigation of an action, the Agency shall, if it decides not to investigate the action, inform the employee in writing of its decision.
(1) Subject to section 49, where a Commonwealth employee applies to the Agency under section 47 or 50 in relation to action taken by a Department or Commonwealth authority, the Agency shall:
(a) inquire into the circumstances relating to the action; and
(b) attempt to resolve the dissatisfaction of the employee with the action by such of the following means as the Agency considers appropriate:
(i) counselling separately the employee and relevant officers of the Department or Commonwealth authority;
(ii) conciliating between the employee and relevant officers of the Department or Commonwealth authority;
(iii) making a finding of fact under subsection (2);
(iv) making a report under subsection (4).
(2) Where a Commonwealth employee applies to the Agency under section 47 or 50 in relation to action taken by a Department or Commonwealth authority and the Agency is satisfied that:
(a) a question of fact is in dispute between the employee and the Department or Commonwealth authority; and
(b) the making of a finding under this subsection would promote the resolution of the dissatisfaction of the employee with the action;
the Agency may make a finding in relation to that question of fact and, where the Agency makes such a finding, it shall give a written statement setting out the terms of the finding to the employee and to the Department or Commonwealth authority.
(3) Where a Commonwealth employee applies to the Agency under section 47 or 50 in relation to action taken by a Department or Commonwealth authority and the Agency is satisfied that the making of a report to the Department or Commonwealth authority under subsection (4) would promote the resolution of the dissatisfaction of the employee with the action, the Agency may make such a report under that subsection.
(4) Where, after an investigation under this Division into action (in this subsection referred to as the
relevant action ) taken by a Department or Commonwealth authority has been completed, the Agency is of the opinion, having regard to the objects referred to in subsection 4(1), that the relevant action was wrong and that:
(a) a decision, recommendation, act or omission comprised or included in the relevant action should be referred to the appropriate authority for further consideration;
(b) some particular action could be, and should be, taken to rectify, mitigate or alter the effects of a decision, recommendation, act or omission comprised or included in the relevant action;
(c) a decision comprised or included in the relevant action should be cancelled or varied;
(d) a rule of law, provision of an enactment or industrial award or practice on which a decision, recommendation, act or omission comprised or included in the relevant action was based should be altered;
(e) reasons should have been, but were not, given for a decision comprised or included in the relevant action; or
(f) any other thing should be done in relation to a decision, recommendation, act or omission comprised or included in the relevant action;
the Agency may report accordingly, in writing, to the Department or Commonwealth authority concerned.
(5) The Agency:
(a) shall include in a report under subsection (4) its reasons for the opinions specified in the report; and
(b) may also include in such a report any recommendations it thinks fit to make.
(6) Where the Agency makes a report under subsection (4) in relation to action taken by a Department or Commonwealth authority in relation to a Commonwealth employee, the Agency shall give to the employee a copy of the report.
(7) The Agency may request the Department or Commonwealth authority to which the report is made to furnish to it, within a specified time, particulars of any action that it proposes to take with respect to the matters and recommendations included in the report.
(8) Where the Agency reports under subsection (4) to a Department or Commonwealth authority, the Department or authority may furnish to the Agency such comments concerning the report as it wishes to make.
(1) Where action that is, in the opinion of the Agency, adequate and appropriate in the circumstances is not taken with respect to the matters and recommendations included in a report to a Department or Commonwealth authority under section 51 within a reasonable time after the Agency made the report to the Department or Commonwealth authority, the Agency may, in writing, inform the Prime Minister accordingly.
(2) Where the Agency furnishes information to the Prime Minister in accordance with subsection (1) in relation to a report, the Agency shall furnish to the Prime Minister with the information:
(a) a copy of the report; and
(b) if the Department or Commonwealth authority to which the report was made has furnished comments concerning the report to the Agency—a copy of those comments.
(3) In considering whether to furnish information in relation to a report to the Prime Minister in accordance with subsection (1), the Agency shall have regard to any comments furnished to it by the Department or Commonwealth authority to which the report was made.
Where the Agency has, in accordance with subsection 52(1), furnished information to the Prime Minister in relation to a report concerning an investigation made by the Agency, the Agency may also forward to the President of the Senate and the Speaker of the House of Representatives, for presentation to the Senate and the House of Representatives, respectively, copies of a report prepared by it concerning the investigation for presentation to both Houses of the Parliament, being a report that sets out any comments furnished to the Agency under subsection 51(8) by the Department or Commonwealth authority concerned.
(1) Before commencing to investigate action taken by a Department or Commonwealth authority, the Agency shall inform such officer in the Department or authority as the Agency considers appropriate that the action is to be investigated.
(2) It is not necessary for the applicant or any other person to be afforded an opportunity to appear before the Agency or any other person in connection with an investigation by the Agency under this Division.
A person who ceases to be a Commonwealth employee shall be deemed for the purposes of this Division to continue to be a Commonwealth employee in relation to actions that were or are taken in relation to the person in relation to his or her employment as a Commonwealth employee.
(1) The Minister or the Public Service Commissioner may request the Agency, in writing, to conduct an inquiry into:
(a) a decision made, or an action taken, in relation to a Commonwealth employee in relation to his or her employment as a Commonwealth employee; or
(b) decisions of a specified kind made, or actions of a specified kind taken, in relation to Commonwealth employees included in a specified class of Commonwealth employees in relation to their employment as Commonwealth employees.
(2) Where the Agency is requested under subsection (1) to conduct an inquiry into a matter, the Agency may conduct an inquiry into that matter and, where it conducts such an inquiry, shall provide to the Minister or the Public Service Commissioner, as the case requires, and, in a case where the matter is a matter referred to in paragraph (a), to the Commonwealth employee concerned, a report in writing setting out the results of the inquiry.
(1) Where a Commonwealth employee requests the Agency for advice in relation to the employees’ rights in relation to a decision or action, the Agency shall inform the employee of any relevant right of review the employee may have in relation to the decision or action.
(2) In subsection (1):
action has the same meaning as in Division 4.
decision has the same meaning as in Division 3.
relevant rights of review means a right:
(a) to apply for review of a decision under Division 3;
(b) to apply for an investigation of an action under Division 4; or
(c) to appeal or apply to a Review Committee within the meaning of Division 2.
If:
(a) the Secretary of a Department or the chief executive officer of a Commonwealth authority; and
(b) the organisation that is, as provided by the regulations, the appropriate organisation;
both request the Agency in writing to arrange for the performance of functions stated in the request in relation to matters so stated that:
(c) affect the employment of Commonwealth employees by the Department or authority; and
(d) relate to the administration of the Department or authority;
the Agency may perform those functions.
(1) A review under Division 3, an investigation under Division 4 and an inquiry under Division 5 shall be conducted in private and, subject to this Act and the regulations, in such manner as the Agency thinks fit.
(2) Subject to this Act and the regulations, the Agency may, for the purposes of a review, investigation or inquiry referred to in subsection (1), obtain information from such persons, and make such inquiries, as it thinks fit.
(1) In this section:
non‑appellable promotion has the same meaning as in Division 4 of Part III of the Public Service Act.
Public Service Act means thePublic Service Act 1922 .
(2) If:
(a) an officer purports to appeal under section 50B of the Public Service Act, within the period prescribed for the purposes of subsection (3) of that section or within any extension of that period under subsection (4) of that section, against a promotion; and
(b) the officer was not entitled to appeal merely because the promotion was a non‑appellable promotion;
the Agency may direct in writing that this section is to apply in respect of the purported appeal.
(3) If the Agency gives such a direction, it must give written notice to the officer telling the officer that the direction has been given and requiring the officer, if he or she wishes the purported appeal to be treated as an application for review of the promotion under section 50DAA of the Public Service Act, to give the Agency, within the period of 14 days after the day on which the notice is given, a written notice:
(a) requesting that the purported appeal be treated as such an application for review; and
(b) stating whether the ground for the review is that it would be unreasonable for the promotion to stand because of:
(i) a breach of section 33 of the Public Service Act in connection with the making of the promotion; or
(ii) a serious defect in the selection process; and
(c) giving particulars of the alleged breach or alleged defect.
(4) If the officer gives the Agency a notice as required by subsection (3), the purported appeal is taken, for the purposes of the Public Service Act and this Act, to be an application for review of the promotion duly made in accordance with section 50DAA of the Public Service Act.
(1) In this section:
non‑appellable promotion means a promotion that is not subject to appeal.
(2) If:
(a) a person purports to appeal under a provision of an enactment (the
relevant enactment ), within the period prescribed for the purpose by or under the relevant enactment, against a promotion; and(b) the person was not entitled to appeal merely because the promotion was a non‑appellable promotion; and
(c) the person would have been entitled to apply to the Agency for review of the promotion;
the Agency may direct in writing that this section is to apply in respect of the purported appeal.
(3) If the Agency gives such a direction, it must give written notice to the person telling the person that the direction has been given and requiring the person, if he or she wishes the purported appeal to be treated as an application for review of the promotion by the Agency, to give the Agency, within the period of 14 days after the day on which the notice is given, a written notice:
(a) requesting that the purported appeal be treated as such an application for review; and
(b) stating the grounds for the review; and
(c) giving particulars of the matters alleged to support those grounds.
(4) If the person gives the Agency a notice as required by subsection (3), the purported appeal is taken, for the purposes of the relevant enactment and this Act, to be an application to the Agency for review of the promotion duly made in accordance with that enactment.
(1) In this section:
appellable promotion means a promotion that is not a non‑appellable promotion within the meaning of Division 4 of Part III of the Public Service Act.
Public Service Act means thePublic Service Act 1922 .
(2) If:
(a) an officer purports to apply to the Agency under section 50DAA of the Public Service Act, within the period prescribed for the purposes of that section, for review of a promotion; and
(b) the officer was not entitled to make such an application for review merely because the promotion was an appellable promotion;
the Agency may direct in writing that this section is to apply in respect of the purported application.
(3) If the Agency gives such a direction, it must give written notice to the officer telling the officer that the direction has been given and requiring the officer, if he or she wishes the purported application for review to be treated as an appeal against the promotion under section 50B of the Public Service Act, to give the Agency, within the period of 14 days after the day on which the notice is given, a written notice requesting that the purported application for review be treated as such an appeal.
(4) If the officer gives the Agency a notice as required by subsection (3), the purported application for review is taken, for the purposes of the Public Service Act and this Act, to be an appeal against the promotion duly made in accordance with section 50B of the Public Service Act.
(1) In this section:
appellable promotion means a promotion that is subject to appeal.
(2) If:
(a) a person purports to apply to the Agency under a provision of an enactment (the
relevant enactment ), within the period prescribed for the purpose by or under the relevant enactment, for review of a promotion; and(b) the person was not entitled to make such an application for review merely because the promotion was an appellable promotion; and
(c) the person would have been entitled to appeal against the promotion;
the Agency may direct in writing that this section is to apply in respect of the purported application.
(3) If the Agency gives such a direction, it must give written notice to the person telling the person that the direction has been given and requiring the person, if he or she wishes the purported application for review to be treated as an appeal against the promotion, to give the Agency, within the period of 14 days after the day on which the notice is given, a written notice requesting that the purported application for review be treated as such an appeal.
(4) If the person gives the Agency a notice as required by subsection (3), the purported application for review is taken, for the purposes of the relevant enactment and this Act, to be an appeal against the promotion duly made in accordance with that enactment.
(1) Where the Merit Protection Commissioner has reason to believe that a person is capable of furnishing information or producing documents or other records relevant to:
(a) a decision being reviewed by the Agency in accordance with Division 3;
(b) an action being investigated by the Agency in accordance with Division 4; or
(c) an inquiry being conducted by the Agency in accordance with Division 5;
the Merit Protection Commissioner may, by notice in writing served on the person, require that person, at such place, and within such period or on such date and at such time, as are specified in the notice:
(d) to furnish to the Merit Protection Commissioner, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information; or
(e) to produce to the Merit Protection Commissioner such documents or other records as are specified in the notice.
(2) Where documents or other records are produced to the Merit Protection Commissioner in accordance with a requirement under subsection (1), the Merit Protection Commissioner:
(a) may take possession of, and may make copies of, or take extracts from, the documents or other records;
(b) may retain possession of the documents or other records for such period as is necessary for the purposes of the review, investigation or inquiry to which the documents or other records relate; and
(c) during that period shall permit a person who would be entitled to inspect any one or more of the documents or other records if they were not in the possession of the Merit Protection Commissioner to inspect at all reasonable times such of the documents or other records as that person would be so entitled to inspect.
(3) Where the Merit Protection Commissioner has reason to believe that a person is able to give information relevant to:
(a) a decision being reviewed by the Agency in accordance with Division 3;
(b) an action being investigated by the Agency in accordance with Division 4; or
(c) an inquiry being conducted by the Agency in accordance with Division 5;
the Merit Protection Commissioner may, by notice in writing served on the person, require the person to attend before him or her, on such date and at such time and place as are specified in the notice, to answer questions relevant to the decision, action or inquiry, as the case may be.
(4) Where the Attorney‑General furnishes to the Merit Protection Commissioner a certificate certifying that the disclosure to the Merit Protection Commissioner of information concerning a specified matter (including the furnishing of information in answer to a question) or the disclosure to the Merit Protection Commissioner of the contents of any documents or records would be contrary to the public interest:
(a) by reason that it would prejudice the security, defence or international relations of the Commonwealth;
(b) by reason that it would involve the disclosure of communications between a Minister and a Minister of a State, of the Australian Capital Territory or of the Northern Territory, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State, of the Australian Capital Territory or of the Northern Territory, as the case may be;
(c) by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or
(d) by reason that it would involve the disclosure of deliberations or advice of the Executive Council;
the Director is not entitled to require a person to furnish any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Merit Protection Commissioner.
(5) A person is not liable to any penalty under the provisions of any other enactment by reason of his or her furnishing information, producing a document or other record or answering a question when required to do so under this Act.
(6) The reference in subsection (1) to an officer, in relation to a body corporate that is not a Commonwealth authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.
The Merit Protection Commissioner may administer an oath or affirmation to a person required to attend before him or her in pursuance of section 59 and may examine the person on oath or affirmation.
(1) For the purposes of:
(a) a review under Division 3;
(b) an investigation under Division 4; or
(c) the conduct of an inquiry under Division 5;
an authorized person may, at any reasonable time of the day, enter any place occupied by a Department or Commonwealth authority and may carry on the review, investigation or inquiry at the place.
(2) Subsection (1) does not authorize a person to enter, or carry out a review, investigation or inquiry at:
(a) a place referred to in paragraph 80(c) of the
Crimes Act 1914 ;(b) a place that is a prohibited place for the purposes of the
Defence (Special Undertakings) Act 1952 by virtue of section 7 of that Act; or(c) an area of land or water or an area of land and water that is declared under section 14 of the
Defence (Special Undertakings) Act 1952 to be a restricted area for the purposes of that Act;unless the Minister administering that Act, or another Minister acting for and on behalf of that Minister, has approved his or her entering the place or area and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering that place or area and the manner in which the review, investigation or inquiry is to be carried out at that place or area.
(3) Where the Attorney‑General is satisfied that the carrying out of a review, investigation or inquiry at a place might prejudice the security or defence of the Commonwealth, the Attorney‑General may, by notice in writing delivered to the Merit Protection Commissioner, declare the place to be a place to which this subsection applies and, while the declaration is in force, subsection (1) does not authorize a person to enter, or carry out a review, investigation or inquiry at, the place unless a Minister specified in the declaration, or another Minister acting for and on behalf of that Minister, has approved his or her entering the place and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering the place and the manner in which the review, investigation or inquiry is to be carried out at that place.
(4) For the purposes of a review, investigation or inquiry under this Act, an authorized person is entitled to inspect any documents relevant to the review, investigation or inquiry kept at premises entered by him or her under this section, other than documents in respect of which the Attorney‑General has furnished a certificate under subsection 59(4), at a reasonable time of the day arranged with the principal officer of the Department or Commonwealth authority concerned.
(5) Subsection (4) shall not be taken to restrict the operation of section 59.
(6) A reference in this section to an authorized person includes a reference to the Merit Protection Commissioner.
Where the Agency delegates to a person its powers and functions in relation to:
(a) a review under Division 3;
(b) an investigation under Division 4; or
(c) an inquiry under Division 5;
sections 59, 60 and 81 apply in relation to the review, investigation or inquiry, as the case may be, as if references in those sections to the Merit Protection Commissioner were a reference to that person.
(1) The Agency shall consist of the following members, namely:
(a) the Merit Protection Commissioner; and
(b) not less than 2, and not more than 4, other members.
(2) The Merit Protection Commissioner and the other members shall be appointed by the Governor‑General.
(3) The Merit Protection Commissioner must only be appointed after consultations, by the Minister or his or her representative, with the Australian Council of Trade Unions and the Public Service Commissioner.
(4) Any other member must only be appointed after consultations by the Minister or his or her representative, with the Australian Council of Trade Unions, the Public Service Commissioner and the Merit Protection Commissioner.
(5) The Merit Protection Commissioner must be appointed on a full‑time basis. Any other member must be appointed on a part‑time basis.
(7) The Merit Protection Commissioner and the other members hold office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister by writing.
(8) The performance of the functions, and the exercise of the powers, of the Agency are not affected by reason only of there being a vacancy or vacancies in the membership of the Agency.
(9) The reference in subsection (3) or (4) to a representative of the Minister shall be read as a reference to a person appointed by the Minister, in writing, to be his or her representative for the purposes of that subsection.
(1) Subject to this Part:
(a) the Merit Protection Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment; and
(b) a member (other than the Merit Protection Commissioner) holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.
(2) A person who has attained the age of 65 years shall not be appointed as a member and a person shall not be appointed as a member for a period that extends beyond the day on which he or she will attain the age of 65 years.
(1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of the remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(o) TheMerit Protection (Australian Government Employees) Act 1984 was amended by Schedule 19 (item 29) only of theWorkplace Relations and Other Legislation Amendment Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(p) TheMerit Protection (Australian Government Employees) Act 1984 was amended by Schedule 5 (item 3) only of theDefence Legislation Amendment Act (No. 1) 1999 , subsection 2(4) of which provides as follows:
(4) Schedule 5 commences on 1 January 2001.
In pursuance of subsection 2(4), the
Merit Protection (Australian Government Employees) Act 1984 was repealed by thePublic Employment (Consequential and Transitional) Amendment Act 1999 (No. 146, 1999) before the amendments came into operation.
(q) TheMerit Protection (Australian Government Employees) Act 1984 was amended by Schedule 1 (item 606) only of thePublic Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
| |
Provision affected | How affected |
S. 3........................................... |
|
S. 4........................................... | am. No. 199, 1991 |
S. 6........................................... |
|
Ss. 7, 8..................................... | am. No. 143, 1994 |
Ss. 9, 10................................... | am. No. 153, 1986 |
S. 13......................................... | am. No. 153, 1986 |
S. 15A....................................... | ad. No. 153, 1986 |
S. 17......................................... | am. No. 153, 1986; No. 143, 1994; No. 153, 1995 |
Ss. 19, 20................................. | am. No. 153, 1986 |
S. 22......................................... | rs. No. 153, 1986 |
S. 23......................................... | am. No. 76, 1986 |
rs. No. 153, 1986 | |
am. No. 143, 1994; No. 153, 1995 | |
Ss. 25, 26................................. | am. No. 153, 1986 |
S. 26A....................................... | ad. No. 153, 1986 |
S. 28......................................... |
|
S. 30......................................... | am. No. 153, 1986 |
S. 33......................................... | am. No. 153, 1986; No. 143, 1994; No. 153, 1995 |
S. 35......................................... | am. No. 153, 1986 |
Subdiv. FA of Div. 2 of Part II .. (ss. 35A‑35C) | ad. No. 143, 1994 |
Ss. 35A‑35C............................. | ad. No. 143, 1994 |
Ss. 36, 37................................. | am. No. 153, 1986; No. 143, 1994 |
S. 37A....................................... | ad. No. 165, 1984 |
am. No. 153, 1986 | |
S. 38......................................... | am. No. 199, 1991 |
S. 39......................................... | am. No. 199, 1991; No. 153, 1995 |
S. 40......................................... | am. No. 87, 1988; No. 60, 1996 |
S. 44......................................... | am. No. 143, 1994; No. 153, 1995 |
S. 45......................................... | am. No. 43, 1996 |
S. 46......................................... | am. No. 199, 1991 |
S. 48......................................... | am. No. 87, 1988; No. 60, 1996 |
S. 49......................................... |
|
S. 51......................................... | am. No. 193, 1985 |
S. 55......................................... | am. No. 199, 1991 |
S. 56......................................... |
|
Div. 6A of Part II (s. 57A).......... | ad. No. 143, 1994 |
S. 57A....................................... | ad. No. 143, 1994 |
Ss. 58A‑58D............................. | ad. No. 143, 1994 |
S. 59......................................... | am. No. 109, 1988; No. 199, 1991; No. 153, 1995 |
Ss. 60, 61................................. | am. No. 199, 1991; No. 153, 1995 |
S. 62......................................... | am. No. 153, 1995 |
Ss. 63, 64................................. | am. No. 199, 1991; No. 153, 1995 |
S. 65......................................... | am. No. 43, 1996 |
S. 66......................................... | rs. No. 122, 1991 |
am. No. 153, 1995 | |
S. 67......................................... | am. No. 199, 1991; No. 153, 1995 |
S. 68......................................... | am. No. 199, 1991 |
Heading to s. 69....................... | am. No. 153, 1995 |
Ss. 69‑71.................................. | am. No. 199, 1991; No. 153, 1995 |
Ss. 72, 73................................. | am. No. 199, 1991 |
S. 75......................................... | am. Nos. 122 and 199, 1991; No. 153, 1995 |
S. 76......................................... | am. No. 199, 1991 |
rs. No. 94, 1992 | |
S. 76A....................................... | ad. No. 94, 1992 |
S. 77......................................... | rep. No. 153, 1995 |
S. 78......................................... | am. No. 153, 1986 |
Heading to s. 79....................... | am. No. 153, 1995 |
S. 79......................................... | am. No. 199, 1991; No. 153, 1995 |
S. 79A....................................... | ad. No. 143, 1994 |
S. 81......................................... | am. No. 143, 1994; No. 153, 1995 |
S. 82......................................... | am. No. 199, 1991; No. 153, 1995 |
S. 83......................................... | am. No. 165, 1984; No. 199, 1991 |
S. 84......................................... |
|
S. 85......................................... |
|
Public Employment (Consequential and Transitional) Amendment Act 1999 (No. 146, 1999)
In this Part, unless the contrary intention appears:
Agency means an Agency within the meaning of the new Act.
Agency Head means an Agency Head within the meaning of the new Act.
APS employee means an APS employee within the meaning of the new Act.
classification includes a level.
Code of Conduct means the Code of Conduct within the meaning of the new Act.
continuing employee means a person who was a continuing employee for the purposes of Division 10 of Part III of the old Act immediately before the commencing time.
continuing SES officer means an SES officer under the old Act, other than a fixed‑term SES officer.
core Department means a Department as defined in subsection 25(9) of the old Act.
corresponding Agency means:
(a) for an unattached officer under the old Act who was included in an old Act Department under subsection 33C(2) of the old Act immediately before the commencing time:
(i) the Agency that corresponds to that Department; or
(ii) if that Department no longer existed immediately before the commencing time—the Agency that corresponds to the old Act Department that was responsible, immediately before the commencing time, for the matter to which the officer’s duties related, or mainly related, at the time when the officer last became an unattached officer; and
(b) for an officer under the old Act (other than an unattached officer)—the Agency that corresponds to the old Act Department in which the officer was an officer immediately before the commencing time; and
(c) for an employee under the old Act—the Agency that corresponds to the old Act Department in which the employee was an employee immediately before the commencing time.
disciplinary direction means a direction under section 62, 63, 63K, 63L or 63M of the old Act (including those sections as applied by regulations made for the purposes of section 63T of the old Act).
eligible public employment means eligible public employment within the meaning of Part IV of the old Act.
first‑tier person means:
(a) a person to whom Division 2 of Part IV of the old Act applied immediately before the commencing time; and
(b) a person to whom the
Officers’ Rights Declaration Act 1928 applied immediately before the commencing time because of section 87TA of the old Act.
fixed‑term Secretary means a Secretary of a core Department who holds office on a fixed‑term basis.
fixed‑term SES officer means a person who held an appointment under section 44 of the old Act immediately before the commencing time.
locally engaged employee means a person engaged under section 74 of the new Act.
Merit Protection Act means theMerit Protection (Australian Government Employees) Act 1984.
modifications includes additions, omissions and substitutions.
new Act means thePublic Service Act 1999.
new Act Department means a Department within the meaning of the new Act.
new Act Secretary means a Secretary within the meaning of the new Act.
non‑SES officer means an officer under the old Act, other than an SES officer.
old Act means thePublic Service Act 1922 .
old Act Department means a Department within the meaning of the old Act.
old Act employee means an employee within the meaning of the old Act.
old Act officer means an officer within the meaning of the old Act.
overseas engaged employee means a person engaged under section 82AF of the old Act.
Parliamentary Department means a Parliamentary Department within the meaning of section 9B of the old Act.
pre‑commencement misconduct means conduct of an old Act officer or old Act employee before the commencing time that was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act.
second‑tier person means:
(a) a person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time; or
(b) a person who becomes a second‑tier person under subsection 6(6) of this Act.
Statutory Agency means a Statutory Agency within the meaning of the new Act.
statutory instrument means:
(a) a law of the Commonwealth (other than the new Act); or
(b) a law of a Territory; or
(c) an instrument having effect under a law covered by paragraph (a) or (b).
term employee means a person who, immediately before the commencing time, was:
(a) a short‑term or fixed‑term employee for the purposes of Division 10 of Part III of the old Act; or
(b) a person employed under section 82AG of the old Act.
transitional 82D determination means a determination under section 82D of the old Act that is in force immediately before the commencing time, subject to any amendments that are prescribed by the regulations under this Act.
transitional period , in relation to a first‑tier person, means the period that starts at the commencing time and ends at the earliest of the following times:
(a) the period prescribed by the regulations for the purposes of this paragraph;
(b) the time when the person ceases to be engaged in eligible public employment;
(c) the time when the person resigns or retires as an APS employee;
(d) the end of the relevant period (as defined in subsection 87D(5) of the old Act).
unattached Secretary has the same meaning as in the old Act.
Fixed‑term Secretaries
(1) At the commencing time, a fixed‑term Secretary becomes a Secretary of the corresponding new Act Department, as if he or she had been appointed as a Secretary under the new Act for a period equal to the unexpired part of the fixed term.
Public Service Commissioner
(2) At the commencing time, the person holding office as the Public Service Commissioner under the old Act becomes the Public Service Commissioner under the new Act, as if he or she had been appointed as the Public Service Commissioner under the new Act for a period equal to the unexpired part of his or her term under the old Act.
Merit Protection Commissioner
(3) At the commencing time, the person holding office as the Merit Protection Commissioner under the
Merit Protection (Australian Government Employees) Act 1984 becomes the Merit Protection Commissioner under the new Act, as if he or she had been appointed as the Merit Protection Commissioner under the new Act for a period equal to the unexpired part of his or her term under theMerit Protection (Australian Government Employees) Act 1984 .
Fixed‑term SES officer
(4) At the commencing time, a fixed‑term SES officer becomes an SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the fixed term.
Continuing SES officer
(5) At the commencing time, a continuing SES officer becomes an SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an ongoing APS employee under the new Act.
Non‑SES officers
(6) At the commencing time, a non‑SES officer becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an ongoing APS employee under the new Act.
Term employees
(7) At the commencing time, a term employee becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the period of engagement under the old Act.
Continuing employees
(8) At the commencing time, a continuing employee becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an ongoing APS employee under the new Act.
Overseas‑engaged employees
(9) At the commencing time, an overseas‑engaged employee becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) in an equivalent capacity;
as if he or she had been engaged as a locally engaged employee under the new Act.
New Act applies
(10) Except where this Act expressly provides otherwise, the new Act applies to a person who is taken, under this section, to have been appointed or engaged under the new Act in the same way as it applies to persons actually engaged or appointed under the new Act.
(1) The Parliamentary Departments continue in existence, and the old Act, the Merit Protection Act and other Acts continue to apply in relation to the Parliamentary Departments as if the old Act and the Merit Protection Act had not been repealed.
(2) In any Act (other than the
Privacy Act 1988 ):
(a) a replacement reference to an Agency is to be read as including a reference to a Parliamentary Department; and
(b) a replacement reference to an Agency Head (not including a reference to the Agency Head of a particular Agency) is to be read as including a reference to the Secretary (within the meaning of the old Act) of a Parliamentary Department.
(3) This section has effect subject to any modifications prescribed by the regulations.
(4) This section does not, by implication, limit section 14.
(5) In this section:
replacement reference means a reference that resulted from an amendment made by this Act or by regulations under this Act.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The following subsections do not, by implication, limit subsection (1).
(3) Regulations may be made:
(a) in relation to the continuation of the following things under the old Act or the Merit Protection Act, and their effects under the new Act:
(i) processes relating to appointment, re‑instatement, transfer, promotion, advancement, classification or retirement;
(ii) inquiries into pre‑commencement misconduct for which a person was charged under the old Act before the commencing time;
(iii) appeals against disciplinary directions;
(iv) the performance of functions under Subdivision FA of Division 2 of Part II of the Merit Protection Act;
(v) the review of decisions under Division 3 of Part II of the Merit Protection Act;
(vi) the investigation of grievances under Division 4 of Part II of the Merit Protection Act; and
(b) in relation to the continuation under the new Act of suspensions that were in force under the old Act immediately before the commencing time; and
(c) in relation to:
(i) the review of decisions made under the old Act before the commencing time; and
(ii) the effects, under the new Act, of those reviews; and
(iii) the powers available to a person or body conducting such a review; and
(d) providing for the powers available to a person conducting a review referred to in paragraph (c); and
(e) in relation to arrangements, agreements and other things under Division 9 of Part III of the old Act; and
(f) for other matters of a transitional or saving nature arising from:
(i) the repeal of the old Act or the Merit Protection Act; or
(ii) the transition from the old Act to the new Act;
including such matters arising from the amendments made by a Schedule to this Act or from amendments made by regulations under this section.
(4) Regulations made under subsection (3):
(a) may provide for the old Act or the Merit Protection Act to continue in force for the purposes of the regulations, even though those Acts are repealed by this Act; and
(b) prevail over the old Act, the new Act, the Merit Protection Act and section 13 of this Act, to the extent of any inconsistency.
(5) The regulations may:
(a) amend other Acts, by making amendments of a kind that are consequential on the repeal of the old Act and its replacement by the new Act; and
(b) make provision of a transitional or saving nature in relation to amendments made under paragraph (a).
(6) For the purposes of the
Amendments Incorporation Act 1905 , amendments made by regulations under paragraph (5)(a) are to be treated as if they had been made by an Act.(7) Regulations made under this section within one year after the commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.
(8) This section does not, by implication, limit any other section of this Act that provides for the making of regulations.
A.C.T. Self‑Government (Consequential Provisions) Act 1988 (No. 109, 1988)
Insert the following subsection:
(1A) Except so far as the contrary intention appears, expressions in this Act have the same meanings as in the
A.C.T. Self‑Government (Consequential Provisions) Act 1988 .
Omit “Prime Minister”, substitute “Chief Minister”.
Omit the subsection, substitute the following subsection:
(6) Where the Agency has, in accordance with subsection (5), given information to the Chief Minister in relation to a recommendation, the Agency may also forward to the Presiding Officer for presentation to the Assembly copies of a report prepared by it concerning the recommendation for presentation to the Assembly.
Omit “Public Service Board” (wherever occurring), substitute “Head of Administration”.
Omit “Prime Minister”, substitute “Chief Minister”.
Omit all words from and including “Prime Minister” to and including “Parliament”, substitute “Chief Minister in relation to a report concerning an investigation made by the Agency, the Agency may also forward to the Presiding Officer for presentation to the Assembly copies of a report prepared by it concerning the investigation for presentation to the Assembly”.
Omit “Minister or the Public Service Board”, substitute “Chief Minister”.
Insert the following subsection:
(4A) Where the Chief Minister gives to the Director a certificate certifying that the disclosure to the Director of information concerning a specified matter (including the giving of information in answer to a question) or the disclosure to the Director of the contents of any documents or records would be contrary to the public interest because it would involve the disclosure of deliberations or decisions of the Executive or a Committee of the Executive, the Director is not entitled to require a person to give any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Director.
After “59 (4)” insert “or the Chief Minister has given a certificate under subsection 59 (4A).
A.C.T. Self‑Government (Consequential Provisions) Regulations
Add at the end “or under section 87ZI of the
Public Service Act 1922 as modified by regulation 2 of the A.C.T. Self‑Government (Consequential Provisions) Regulations”.
Add at the end “and Parts II and III of the
Legislative Assembly (Members’ Staff) Act 1989
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