Merit Protection (Australian Government Employees) Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council and pursuant to section 4 of the
Dated 21 May 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Peter Walsh
Minister of State for Finance for and on behalf of the
Prime Minister
(a) by omitting “and” immediately following the end of the definition of “Redeployment and Retirement Regulations”;
(b) by omitting the definition of “relevant Secretary”; and
(c) by adding at the end the following definition:
(S.R. 93/87)—Cat. No. 18/14.5.1987
“; ‘the Secretary’ means the Secretary of the Department in connection with which, or in which is employed an officer or employee in connection with whom, the expression is used or is applicable”.
(a) by omitting from paragraph (2) (a) “relevant”;
(b) by omitting from paragraph (2) (b) “116 (1)” and substituting “116a (2)”; and
(c) by omitting from paragraph (2) (b) “of an officer” and substituting “to an officer”.
“4a. (1) Where:
(a) an officer is directed under subregulation 116a (2) of the Public Service Regulations to perform temporarily the whole, or a specified part, of the duties of an office in a Department; and
(b) the Agency receives an appeal under subregulation 116c (2) of the Public Service Regulations against the selection of that officer for that direction;
the Agency shall as soon as practicable give the Secretary of the Department affected by that appeal, or, where 2 Departments are affected, the Secretaries of both of those Departments, notice of that appeal.
“(2) For the purposes of subregulation (1), a Department is affected by an appeal where the appeal is made by an officer of that Department or relates to an office in that Department.
“4b. Where an appeal is made, or appeals are made, under subregulation 116c (2) of the Public Service Regulations against the selection of an officer for a direction, the Promotion Appeal Committee that determines the appeal or appeals shall, on the completion of its inquiry in relation to the appeal or appeals:
(a) if there is only one appellant—allow or disallow the appeal; or
(b) if there are 2 or more appellants—allow the appeal of one only of those appellants and disallow the other appeal or appeals, or disallow all appeals.”.
(a) by omitting subregulation (1); and
(b) by adding at the end of subregulation (2) the following definition:
“; ‘Secretary’, in relation to a person who:
(a) has been dismissed from the Service under section 62 or 63 of the Public Service Act;
(b) is deemed, under section 66a of the Public Service Act, to have retired from the Service; or
(c) is an unattached officer within the meaning of Subdivision D of Division 6 of Part III of the Public Service Act;
means:
(d) the Secretary of the Department in which the person last held office or, where that person did not hold office, the Department in which the person last performed duties; or
(e) where that Department has been abolished—a Secretary selected by the Board having regard to the duties last performed in the Service by that person;
as the case requires”.
“11. (1) Subject to subregulation (2), for the purposes of paragraph 17 (1) (c) of the Act, the appropriate organisation in relation to a person who has appealed, or made a request, referred to in subsection 17 (1) of the Act (in this regulation referred to as ‘affected person’) is the organisation:
(a) that is registered under the Conciliation and Arbitration Act; and
(b) under the rules of which a person whose work is comparable to that of the affected person is eligible for membership.
“(2) For the purposes of paragraph 17 (1) (c) of the Act, in relation to a person whose work is comparable to that of an affected person who is eligible for membership under the rules of more than one organisation registered under the Conciliation and Arbitration Act, the appropriate organisation is whichever of those organisations has as members the greatest number of persons (whether that number comprises officers, employees or partly officers and partly employees) whose work is so comparable.
“(3) For the purposes of subregulations (1) and (2), where:
(a) the classification of an officer is the same or corresponds to; or
(b) the capacity in which an employee is employed in the Service corresponds to or is the same as;
the classification held or last held by the affected person, or the capacity in which the affected person is or was employed in the Service, as the case may be, the work of that officer or employee is comparable to the work of the affected person.
“(4) In respect of an appeal by a person under subsection 63F (7) of the Public Service Act against a recommendation refusing an application by
that person under subsection 63F (4) of the Public Service Act, the reference in subregulation (3) to the classification held or last held by the affected person is a reference to the classification of the office that was the original office of that person within the meaning of subsection 63F (12) of the Public Service Act.”.
(a) by omitting paragraph (1) (a) and substituting the following paragraph:
“(a) obtain from the appropriate organisation the name and address of the person nominated by that organisation in respect of that review for the purposes of paragraph 17 (1) (c) of the Act;”.
(b) by omitting from subregulation (2) all the words from and including “, in relation” to and including “or person” and substituting “the Director receives a request for a review”; and
(c) by omitting paragraph (2) (a) and substituting the following paragraph:
“(a) obtain from the appropriate organisation the name and address of the person nominated by that organisation in respect of that review for the purposes of paragraph 17 (1) (c) of the Act;”.
(a) by omitting from subregulation (1) “Chairman” and “Chairman’s” and substituting “Convenor” and “Convenor’s” respectively; and
(b) by omitting from subregulation (2) “Chairman” and “Chairman’s” and substituting “Convenor” and “Convenor’s” respectively.
FURTHER AMENDMENTS OF THE MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS
Paragraphs 4 (2) (b), 12 (1) (b) and (c), (2) (b) and (c), subregulations 12 (3) and 19 (3), paragraph 22 (b) and subregulations 23 (2) and 24 (2).
Regulation 5, paragraph 12 (1) (d), regulations 13 and 14, subregulation 15 (1), paragraph 18 (1) (c), subregulations 19 (1) and 21 (1) and regulation 22.
Subregulation 10 (2) (definition of “proceeding”), subregulations 15 (1) and (3), regulation 22 and subregulation 24 (1).
1.
Notified in the
2. Statutory Rules 1985 No. 176 as amended by 1985 No. 380; 1986 No. 3
Printed by Authority by the Commonwealth Government Printer
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