Public Service Acts Amendment Act 1982

Overview

The Public Service Acts Amendment Act 1982 No. 111 of 1982 is an Act of the Commonwealth of Australia enacted by the Parliament to address various issues and gaps within the existing Australian Public Service framework. This Act amends the Public Service Act 1922, among other statutes, with a view to improving the efficiency and governance of the Australian Public Service by introducing provisions that promote merit-based appointments, regulate the terms and conditions of officers, and establish clearer protocols for disciplinary actions and the administration of promotions and transfers within the service. A significant policy objective of the Act is to ensure that appointments, promotions, and transfers within the public service are based on merit and not influenced by patronage, favoritism, or discrimination. Additionally, the Act aims to provide a transparent and fair process for handling appeals against promotions and transfers, while also safeguarding the rights of public service officers in various circumstances, such as during transfers between departments or upon re-entry to the service after periods of absence. The Act also addresses the remuneration of officers, ensuring it is not less favourable than that of state public service officers, and clarifies the procedures for the attachment of salaries in cases of judgment against officers. Furthermore, the Act provides for the continued application of certain provisions to provisional promotions that were not confirmed before the commencement of the Act, ensuring consistency and continuity in the administration of public service matters.

Scope and Application

The Public Service Acts Amendment Act 1982 is an Act of the Commonwealth of Australia that amends the Public Service Act 1922 and other related legislation, primarily focusing on the governance, management, and operational procedures within the Australian Public Service (APS). The Act applies to officers and employees of the APS, including those in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff, and the Joint House Department. The legislation defines key terms such as 'Department', 'Permanent Head', and 'office of Permanent Head', and it establishes procedures for the creation, abolition, classification, and designation of offices within the APS. Additionally, it outlines the process for the appointment of Permanent Heads and other officers, the conduct of promotions and transfers, the establishment and operation of Promotions Appeal Committees, and the handling of disciplinary actions, including the attachment of salaries for judgment debts. The Act also addresses the re-appointment of officers who have previously retired from the service, and it extends its provisions to certain officers engaged in eligible public employment. Geographically, the Act applies across the Commonwealth of Australia and extends to officers and employees involved in the federal public service. While the Act itself is a Commonwealth law, it also amends various other Acts to align with its provisions, thereby extending its reach to state and territory public services where relevant. Certain exclusions and thresholds are specified within the Act, particularly concerning the appointment and promotion criteria for officers and the conditions under which disciplinary actions may be taken. The Act allows for the extension or restriction of its application through subordinate instruments, such as regulations and determinations, which are made under the authority of the Public Service Act 1922 and other relevant legislation.

Key Provisions

• The Public Service Acts Amendment Act 1982 amends the Public Service Act 1922 by introducing new sections and altering existing ones to streamline the operations and governance of the Australian Public Service. Key provisions include the creation and abolition of offices in parliamentary departments, which can now be done by the President of the Senate, the Speaker of the House of Representatives, and the President and Speaker together, depending on the department concerned (sections 9a and 9b). Annual reports on the operation of parliamentary departments must be laid before the respective parliamentary bodies by the presiding officers (section 9b). The Public Service Board can now delegate its powers to officers or employees appointed under Commonwealth law, not just within the public service (section 16). Certain sections have been repealed, such as sections 23 and 24, and new ones introduced, like the substitution of section 30 for the repealed section 30, which governs the salaries of Permanent Heads and other officers (sections 30, 53, 54, 64). Appointments to the office of Permanent Head must now follow a specific procedure where a vacancy is expected within six months, including nomination by the Chairman of the Board and a committee, with any recommendations to be published in the Gazette if required (sections 36, 37). The Act also provides for acting appointments of members of the Board and the Chairman during vacancies or incapacitation, with strict time limits (sections 12a and 13).
• The Act imposes obligations on the Public Service Board and Permanent Heads to ensure that appointments, transfers, and promotions are conducted based on efficiency and merit, barring patronage, favouritism, or unjustified discrimination (section 33b). The Board is responsible for notifying the public of the manner in which applications for appointments, transfers, and promotions will be made, including any academic or other qualifications required (section 33a). Furthermore, it requires the Board to establish Promotions Appeal Committees for handling appeals against promotions, which are to be conducted without being bound by rules of evidence (section 50c). It also mandates that when an office is vacant and eligible officers have passed an examination, the Permanent Head must fill the vacancy in the order of merit of the passed examinations (section 53).
• Breaches of the Act's provisions may lead to civil or criminal consequences. For example, failure to satisfy a judgment debt may result in deductions from an officer’s salary, with an administration fee payable by the judgment creditor to the Commonwealth (section 64). Additionally, officers who commit criminal offences after a specified date may face penalties, including imprisonment for up to three months or a fine of up to $100 (section 63m). The Act also stipulates that officers who fail to perform their duties within 30 days of a promotion or transfer taking effect may result in their office becoming vacant, and they becoming unattached officers (section 87g).
• In terms of specific penalties, section 64 of the Act sets out that officers who do not satisfy judgment debts may have a percentage of their salary deducted until the debt is satisfied. This section also imposes an administration fee on judgment creditors for such deductions. Furthermore, sections 36 and 38 outline procedures for the appointment and acting of Permanent Heads, stipulating that the validity of actions taken under these provisions cannot be questioned on certain grounds, providing some protection against challenges based on procedural irregularities. The Act further protects individuals from civil or criminal proceedings for work-related reports made in good faith (section 89a). While the Act does not specify maximum penalties for all breaches, it does outline the process for salary deductions and the payment of fees in relation to judgment debts, providing a framework for handling financial liabilities of officers.

Legal classification tags

Area of Law

Corporate Law & Governance

Public Service Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Delegation by Board

Appeals

Enforcement Powers