Public Employment (Consequential and Transitional) Amendment Regulations 2000 (No. 1) (Cth)

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Public Employment (Consequential and Transitional) Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 3322

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Employment (Consequential and Transitional) Amendment Act 1999.

Dated 1 December 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DAVID KEMP

Minister for Education, Training and Youth Affairs

for the Prime Minister

Contents

  • •
  • •
1Name of Regulations

 These Regulations are the Public Employment (Consequential and Transitional) Amendment Regulations 2000 (No. 1).

2Commencement

 These Regulations are taken to have commenced, as follows:

  • (a)

    on 5 December 1999 — regulations 1 to 3 and Schedule 1;

  • (b)

    on 23 December 1999 — Schedule 2;

  • (c)

    on 13 March 2000 — Schedule 3.

3Amendment of Public Employment (Consequential and Transitional) Regulations 1999

 Schedules 1, 2 and 3 amend the Public Employment (Consequential and Transitional) Regulations 1999.

Schedule 1Amendments taken to have commenced on 5 December 1999

  

(regulation 3)

[1]Regulation 6.1

substitute

6.1Amendments of Acts

 For subsection 14 (5) of the Act:

  • (a)

    the Administrative Decisions (Judicial Review) Act 1977 is amended as set out in Part 1 of Schedule 1; and

  • (b)

    the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 is amended as set out in Part 2 of Schedule 1; and

  • (c)

    the Commonwealth Authorities and Companies Act 1997 is amended as set out in Part 3 of Schedule 1; and

  • (d)

    the Commonwealth Electoral Act 1918 is amended as set out in Part 4 of Schedule 1; and

  • (e)

    the Director of Public Prosecutions Act 1983 is amended as set out in Part 5 of Schedule 1; and

  • (g)

    the Members of Parliament (Staff) Act 1984 is amended as set out in Part 7 of Schedule 1; and

  • (h)

    the Remuneration Tribunal Act 1973 is amended as set out in Part 8 of Schedule 1; and

  • (i)

    the Safety, Rehabilitation and Compensation Act 1988 is amended as set out in Part 9 of Schedule 1; and

  • (j)

    the Superannuation Act 1976 is amended as set out in Part 10 of Schedule 1.

6.2Continued operation of section 80 of Merit Protection (Australian Government Employees) Act 1984

Section 80 of the Merit Protection (Australian Government Employees) Act 1984 continues to apply to any action taken under that section before the commencing time, as if that Act had not been repealed.

[2]Schedule 1

substitute

Schedule 1Amendments of Acts

(regulation 6.1)

Part 1Amendment of Administrative Decisions (Judicial Review) Act 1977

1Schedule 2, paragraph (r)

substitute

  • (r)

    decisions relating to assignment of duties, voluntary moves between Agencies, compulsory moves between Agencies, promotions or decisions of Promotion Review Committees, of or by individual APS employees;

    Part 2Amendments of Australian Capital Territory Government Service (Consequential Provisions) Act 1994

1Subsection 25 (5)

omit

the APS General Employment Conditions Award 1995,

insert

the APS Award 1998,

2Subsection 25 (6)

omit

the APS General Employment Conditions Award 1995.

insert

the APS Award 1998.

Part 3Amendment of Commonwealth Authorities and Companies Act 1997

1Subsection 23 (2)

omit everything after

means

insert

a person appointed or engaged under the Public Service Act 1999.

Part 4Amendments of Commonwealth Electoral Act 1918

1Paragraph 60 (4) (b)

omit

senior officer of the Australian Public Service

substitute

senior person appointed or engaged under the Public Service Act 1999

2Paragraph 273A (7) (a)

omit

an officer of the Australian Public Service

insert

a person appointed or engaged under the Public Service Act 1999

Part 5Amendment of Director of Public Prosecutions Act 1983

1Paragraph 31 (1A) (b)

substitute

  • (b)

    is an SES employee; and

    Part 7Amendments of Members of Parliament (Staff) Act 1984

1Section 3, definition of officer

omit

2Section 3, definition of Public Service Act

omit

3Subsection 14 (1)

omit

are the same as

4Subsection 21 (1)

omit

are the same as

Part 8Amendments of Remuneration Tribunal Act 1973

1Paragraph 4 (4) (b)

substitute

  • (b)

    a person appointed or engaged under the Public Service Act 1999;

2Subsection 8 (4)

substitute

  • (4)

    In subsections (2), (2A) and (3), office means a public office.

    Part 9Amendment of Safety, Rehabilitation and Compensation Act 1988

1After subsection 23 (1)

insert

  • (1A)

    However, if an APS employee who has reached 63 suffers an injury (whether before or after the commencement of this subsection):

    • (a)

      subsection (1) does not apply; and

    • (b)

      compensation is payable under section 19, 20, 21, 21A or 22 in respect of the injury:

      • (i)

        to the extent that this Act (other than subsection (1)) allows; and

      • (ii)

        for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated.

      Part 10Amendment of Superannuation Act 1976

1Paragraph 14A (1) (a)

omit

Division 2 or 3 of the Public Service Act 1922

insert

Division 2 or 3 of Part IV of the Public Service Act 1922

 

Schedule 2Amendments taken to have commenced on 23 December 1999

  

(regulation 3)

[1]After paragraph 6.1 (e)

insert

  • (f)

    the Federal Magistrates Act 1999 is amended as set out in Part 6 of Schedule 1; and

[2]Schedule 1, after Part 5

insert

Part 6Amendments of Federal Magistrates Act 1999

1Subsection 97 (1)

substitute

  • (1)

    For the purposes of the Public Service Act 1999:

    • (a)

      the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

    • (b)

      the Chief Executive Officer is the Head of that Statutory Agency.

2Section 100

substitute

100Arrangements relating to Commonwealth staff

 The Chief Executive Officer may, on behalf of the Federal Magistrates Court, arrange with:

  • (a)

    an Agency Head (within the meaning of the Public Service Act 1999); or

  • (b)

    an authority of the Commonwealth;

for the services of officer or employees of the Agency or authority to be made available for the purposes of the Federal Magistrates Court.

3Section 101

omit everything after

persons

insert

engaged under the Public Service Act 1999.

4Subsection 104 (1)

omit

Public Service Act 1922

insert

Public Service Act 1999

5Subsection 106 (1)

omit everything after

person

insert

engaged under the Public Service Act 1999.

6Subsection 109 (1)

omit everything after

person

insert

engaged under the Public Service Act 1999.

7Subsection 112 (2)

omit everything after

persons

insert

engaged under the Public Service Act 1999.

 

Schedule 3Amendment taken to have commenced on 13 March 2000

  

(regulation 3)

[1]Schedule 1, Part 3, after item 1

insert

2Subsection 27A (2)

omit everything after

means

insert

a person appointed or engaged under the Public Service Act 1999.

Notes

1. These Regulations amend Statutory Rules 1999 No. 301.

2. Notified in the Commonwealth of Australia Gazette on 8 December 2000.

 
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