Public Service Amendment Act 1978

Overview

The Public Service Amendment Act 1978 (Cth) was enacted to address gaps and inconsistencies in the existing framework governing the Australian Public Service, particularly in relation to disciplinary processes, leave entitlements, and the management of officers engaged in public employment outside the Commonwealth. The Act amends the Public Service Act 1922 (Cth), introducing a more streamlined and comprehensive approach to managing public servants. Enacted by the Commonwealth Parliament, the Act aims to modernise the legislative framework to better align with contemporary governance and administrative needs, ensuring that the public service operates efficiently and in accordance with the highest standards of integrity and performance. Key changes include the revision of disciplinary procedures, the clarification of leave entitlements, and the establishment of more robust mechanisms for the management of officers engaged in public employment outside the Commonwealth. These amendments reflect a policy objective of enhancing accountability and efficiency within the public service, thereby improving public administration and service delivery.

Scope and Application

The Public Service Amendment Act 1978 amends the Public Service Act 1922 to introduce various changes related to the management and disciplinary procedures within the Australian Public Service (APS). This Act applies to officers and employees of the Commonwealth and officers of the Parliament. It specifically targets officers in the First Division and those employed in certain public offices or by public authorities, including Commonwealth authorities. The Act also extends its provisions to unattached officers, officers engaged in eligible public employment, and persons who have previously been officers but are now engaged in such employment. The Act provides mechanisms for the reappointment of former officers under specific conditions and outlines the disciplinary actions that can be taken against officers for misconduct or criminal offences. These actions include suspension, transfer, and dismissal from the service. The Act introduces provisions for appeals against disciplinary actions and outlines the circumstances under which officers can be deemed to have retired from the service. It also addresses the continuity of service and the preservation of leave entitlements for officers engaged in public employment. Furthermore, the Act provides for the application of certain sections to temporary employees and those who have been granted leave of absence. The Act's provisions are enforceable through subordinate instruments, which can include regulations for procedural matters and penalties for non-compliance.

Key Provisions

• The Public Service Amendment Act 1978 (Act) amends the Public Service Act 1922 (Principal Act) to make several changes to the governance and administration of the Australian Public Service. Section 4 of the Act modifies the process for appointing or promoting officers of 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. It specifies that these appointments and promotions must be made by the Governor-General on the recommendation of either the President of the Senate, the Speaker of the House of Representatives, or both, as applicable. The President or the Speaker, or both, may also determine periods of recreation leave for officers and employees of the Parliament. Section 5 allows the Board to delegate its powers and functions to the Chairman of the Board, another member of the Board, an officer, or an employee by written instrument signed by all or a majority of the Board members. This delegation does not prevent the Board from exercising its powers and functions directly.
• The Act imposes several obligations on the parties and entities it governs. Section 9 requires the Board to receive reports from Chief Officers, Permanent Heads, or other relevant authorities before confirming a probationer's appointment or making other decisions regarding probationary service. Section 12 mandates that the Board must consider and act on recommendations made by the Chief Officer or a Disciplinary Appeal Board regarding the dismissal of officers from the Service. Section 63a requires the Board to review and consider findings and actions taken against officers who have been convicted of criminal offences or found to have committed such offences by a court. Section 63b allows the Chief Officer to direct an officer to perform other duties or suspend them from duty if it is deemed prejudicial to the Service, the public, or the officer's colleagues.
• The Act also outlines consequences for non-compliance and breaches of its provisions. Section 63d allows Disciplinary Appeal Boards to order an officer to pay a sum not exceeding the cost of the hearing if they find the officer's appeal to be frivolous or vexatious. Section 63f permits the Board to recommend to the Governor-General that an officer be transferred or dismissed from the Service if they have been found by a court to have committed a criminal offence. Section 63m states that an officer who is imprisoned by reason of a criminal conviction shall be deemed to be on leave of absence without pay for the duration of their imprisonment or custody. Section 63r provides that an officer who is absent from duty without permission for a continuous period of not less than 4 weeks will be deemed to have retired from the Service unless they return to duty or seek permission for further absence. Additionally, Section 63u allows the Board to declare that an officer has ceased to be an officer if they fail to return to duty or seek permission for further absence within 2 weeks of receiving a notice from the Permanent Head.
• Officers and employees of the Public Service are subject to various offences and penalties for breaches of the Act. Section 63f allows the Board to recommend to the Governor-General that an officer be transferred or dismissed from the Service if they have been found by a court to have committed a criminal offence. Section 63m states that an officer who is imprisoned by reason of a criminal conviction shall be deemed to be on leave of absence without pay for the duration of their imprisonment or custody. Section 63r provides that an officer who is absent from duty without permission for a continuous period of not less than 4 weeks will be deemed to have retired from the Service unless they return to duty or seek permission for further absence within 2 weeks of receiving a notice from the Permanent Head. Section 63u allows the Board to declare that an officer has ceased to be an officer if they fail to return to duty or seek permission for further absence within 2 weeks of receiving a notice from the Permanent Head. The Act also includes provisions for the deduction of pecuniary penalties from an officer's salary (Section 65) and the imposition of fines and/or imprisonment for failure to attend or answer questions before a Disciplinary Appeal Board or produce documents in obedience to a summons issued by the Board or a member of the Board (Section 97).

Legal classification tags

Area of Law

Administrative Law

Public Administration

Civil Service & Public Sector Management

Instrument

Amending Act

Concepts

Definitions & Interpretation

Repeal & Amendment

Delegation & Subordinate Legislation

Transitional Provisions

Review & Sunset Clauses

Offence Provisions

Civil Penalty Provisions

Enforcement Powers