Public Service Legislation (Streamlining) Act 1986 (Cth)
PART I—PRELIMINARY
1. Short title
2. Commencement
PART II—AMENDMENTS OF PUBLIC SERVICE ACT 1922
3. Principal Act
4. Repeal of section 5
5. Interpretation
6. Officers of the Parliament
7. Repeal of section 10 and substitution of new section—
10. Constitution of the Australian Public Service
8. Repeal of section 12 and substitution of new section—
12. Head of the Public Service Board
9. Acting appointments of members of the Board
10. Repeal of section 13 and substitution of new section—
13. Remuneration and allowances for members of the Board
11. Delegation by Board, &c.
12. Repeal of section 18
13. Joint Council
14. Equal employment opportunity programs
15. Industrial democracy plans
16. Secretaries of Departments
17. Delegation by Secretaries of Departments
18. Repeal of section 26a
19. Repeal of Division 3 of Part III
20. Interpretation
21. Application of merit principle, prohibition of patronage, &c.
TABLE OF PROVISIONS—continued
Section
22. Notification of certain matters related to appointment, transfer, promotion or advancement
23. Notification of vacancies in Senior Executive Service offices
24. Repeal of section 33c and substitution of new section—
33c. Unattached officers
25. Repeal of section 34 and substitution of new section—
34. Eligibility for appointment to the Service
26. Interpretation
27. Appointment of Secretaries of Departments
28. Fixed-term appointments
29. Superannuation benefits for fixed-term Secretaries of Departments
30. Acting appointments of Secretaries of Departments
31. Special appointments
32. Superannuation benefits for fixed-term Senior Executive Service officers
33. Repeal of section 47 and substitution of new section—
47. Appointments to be on probation
34. Repeal of section 47c and substitution of new section—
47c. Re-appointment of unsuccessful election candidates
35. Promotions to Senior Executive Service offices
36. Repeal of section 49d and substitution of new section—
49d. Day on which transfer or promotion takes effect
37. Subdivision d not to apply
38. Transfers and promotions
39. Repeal of section 50a and substitution of new section—
50a. Selection of officers for promotion
40. Appeals
41. Repeal of sections 50d, 50da, 50e, 50ea and 50eb and substitution of new sections—
50d. Determination of appeals
50daa. Review of non-appellable promotion decisions by Merit Protection and Review Agency
50da. Transfer or promotion on advice of Joint Selection Committee
50db. Transfer or promotion on advice of management-initiated Joint Selection Committee
50dc. Procedure of Joint Selection Committee
50e. Taking effect, &c., of promotions and transfers
42. Cancellation of promotion or transfer
43. Promotion appeal rights of certain officers
44. Transfers of officers and employees between Departments
45. Officer may apply to decline transfer within Department, &c.
46. Transfers and promotions to specified offices may be made in accordance with order of passing examinations
47. Promotion of officers who complete courses of training for special positions
48. Interpretation
49. Meaning of failure to fulfil duty as officer
50. Disciplinary action
51. Inquiries into misconduct
52. Convictions by courts
53. Suspension
54. Removal and variation of suspension
55. Appeals
56. Repeal of section 63h
57. Imprisonment
58. Application to unattached officers performing duty in Department
59. Repeal of section 63u
60. Attachment of salaries of officers
61. Forfeiture of office
62. Repeal of section 66b and substitution of new section—
66b. Re-appointment of officers deemed to have retired under section 66a
63. Leave of absence for recreation
64. Payment in lieu of recreation leave for certain officers
TABLE OF PROVISIONS—continued
Section
65. Payment to dependants on death
66. Leave of absence on account of illness
67. Other leave of absence
68. Repeal of section 75a
69. Termination of appointment
70. Insertion of new section—
76fa. Special benefits available to retiring unattached Secretaries
71. Repeal of section 76h and substitution of new section—
76h. Interpretation
72. Repeal of section 76k
73. Redeployment and retirement of Senior Executive Service officers
74. Appeal to Appeal Committee
75. Retirement with consent of officer on grounds of invalidity
76. Repeal of section 76p and substitution of new section—
76p. Unattachment of Senior Executive Service officers
77. Repeal of section 76q
78. Insertion of new Division in Part III—
76s. Interpretation
76t. Power to reduce officer’s classification
76u. Retirement upon or after attaining minimum retiring age
76v. Retirement on ground of age
76w. Powers of Secretary and Board
76x. Board may issue administrative instructions and directions
76y. Unattachment of officers
76z. Appeals
79. Repeal of section 77 and substitution of new sections—
77. Interpretation
77a. State officer not disqualified from employment in the Service
80. Arrangements with State for services of State officer
81. Repeal of section 79
82. Agreement with State for performance of State duties by officer of the Service
83. Arrangements with State as to pension, &c., where officer employed in dual capacities
84. Insertion of new Division in Part III—
81a. Interpretation
81b. Appointment or employment of persons where functions to be performed by Commonwealth, &c.
81c. Transfer of persons where functions to be performed by Commonwealth authority
85. Repeal of Division 9f of Part III
86. Employment of fixed-term employees
87. Termination of employment
88. Repeal of section 82b and substitution of new section—
82b. Employment of unsuccessful election candidates
89. Determinations
90. Repeal of Division 11 of Part III
91. Cessation of leave without pay
92. Employment of officers by certain authorities, &c., upon transfer of functions
93. Persons to whom Division applies
94. Right to re-enter Service by way of transfer or promotion
95. Application for re-appointment to Service
96. Insertion of new section—
88a. Powers of Prime Minister
TABLE OF PROVISIONS—continued
Section
97. Protection of persons in respect of reports on officers or employees
98. Staff Suggestions Schemes
99. Performance of work outside the Service
100. Effect of appointments, &c., by Board, &c.
101. Regulations
102. Certain promotions deemed to be made under section 53
PART III—AMENDMENTS OF MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984
103. Principal Act
104. Interpretation
105. Functions of Agency
106. Promotion Appeal Committees
107. Constitution of Promotion Appeal Committees
108. Split decision
109. Insertion of new section—
15a. Frivolous or vexatious appeals, &c.
110. Constitution of Disciplinary Appeal Committees
111. Member ceasing to act
112. Split decision
113. Repeal of sections 22 and 23 and substitution of new sections—
22. Redeployment and Retirement Appeal Committees
23. Constitution of Redeployment and Retirement Appeal Committees
114. Member ceasing to act
115. Split decision
116. Insertion of new section—
26a. Enactment may provide for other appeals to be heard by Redeployment and Retirement Appeal Committees
117. Constitution of Re-appointment Review Committees
118. Split decision
119. Constitution of Re-integration Assessment Committees
120. Split decision
121. Members not subject to direction
122. Procedure of Review Committees
123. Enactments to be laid before Parliament
124. Delegation by Agency
125. Regulations
PART IV—AMENDMENTS OF MEMBERS OF PARLIAMENT (STAFF) ACT 1984
126. Principal Act
127. Interpretation
128. Insertion of new section—
32. Powers may be exercised by authorised person
PART V—REPEAL OF COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979
129. Repeal
PART VI—AMENDMENTS OF SUPERANNUATION ACT 1976
130. Principal Act
131. Early retirement—voluntary or involuntary retirement before attaining 60 years of age
TABLE OF PROVISIONS—continued
Section
PART VII—AMENDMENTS OF ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
132. Principal Act
133. Schedule 2
PART VIII—AMENDMENTS OF COMMONWEALTH EMPLOYMENT SERVICE ACT 1978
134. Principal Act
135. Staff
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (1) the definition of “Appeal Board” and substituting the following definitions:
“ ‘Agency’ means the Merit Protection and Review Agency established by the Merit Protection Act;
‘authorised medical practitioner’ means a medical practitioner authorised, by the Secretary to the Department of Health, to—
(a) perform medical examinations; and
(b) make recommendations in relation to redeployment or retirement,
under this Act;”;
(b) by omitting from sub-section (1) the definition of “Chief Officer”;
(c) by inserting after the definition of “industrial award” in sub-section (1) the following definition:
“ ‘Merit Protection Act’ means the
Merit Protection (Australian Government Employees )Act 1984 ;”; and(d) by omitting sub-sections (3) and (4) and substituting the following sub-section:
“(3) An officer of a Department is an excess officer for the purposes of a provision of this Act if—
(a) the officer is included in a class of officers employed in the Department, which class comprises a greater number of officers than is necessary for the efficient and economical working of the Department;
(b) the services of the officer cannot be effectively used because of technological or other changes in the work methods of the Department or changes in the nature, extent or organisation of the functions of the Department; or
(c) where the duties usually performed by the officer are to be performed at a different locality and the Board has determined that the provision applies in relation to the re-location of the performance of those duties—the officer is not willing to perform duties at that locality.”.
“10. The Australian Public Service is constituted by—
(a) the Secretaries specified in Schedule 3;
(b) Senior Executive Service officers;
(c) other officers; and
(d) employees.”.
“12. (1) The Governor-General shall appoint one of the 3 members of the Board to be the Head of the Public Service Board.
“(2) The Head may be referred to as the Chairman or Chairwoman, as the Head prefers.”.
(a) by omitting “Governor-General” (wherever occurring) and substituting “Prime Minister”; and
(b) by omitting “Chairman” (wherever occurring) and substituting “Head of the Public Service Board”.
“13. Subject to the
(a) such remuneration as is determined by the Remuneration Tribunal; and
(b) such allowances as are prescribed.”.
(a) by omitting sub-section (1a) and substituting the following sub-sections:
“(1a) Where the Board delegates a power or function to a Secretary, the Secretary may, unless the instrument of delegation prohibits it, sub-delegate the power or function, by instrument in writing signed by the Secretary, to a person other than a person engaged as a consultant under section 4 of the
Members of Parliament (Staff )Act 1984. “(1b) A Secretary is not empowered to sub-delegate a power or function under sub-section (1a) to a person who is not—
(a) an officer or an employee; or
(b) a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister,
unless the Board approves, in writing, the delegation of the power or function to that person.
“(1c) A power or function delegated under sub-section (1) or sub-delegated under sub-section (1a), when exercised or performed by the delegate or sub-delegate, shall, for all purposes, be deemed to have been exercised or performed by the Board.”;
(b) by omitting from sub-section (2) “under this section” and substituting “under sub-section (1)”;
(c) by inserting before paragraph (2) (a) the following paragraph: “(aa) may be absolute or conditional;”; and
(d) by omitting sub-sections (2a) and (3) and substituting the following sub-sections:
“(3) A sub-delegation of a power or function by the Secretary of a Department under sub-section (1a)—
(a) may be absolute or conditional;
(b) does not prevent the exercise of the power or the performance of the function by the Board or by the Secretary;
(c) subject to paragraph (d), continues in force notwithstanding any change in the membership of the Board or the appointment of another person as the Secretary of the Department; and
(d) may be revoked by instrument in writing signed by the Secretary for the time being of the Department.
“(4) Where-
(a) the exercise of a power or function by the Board is dependent upon the opinion, belief or state of mind of the Board in relation to a matter; and
(b) the power or function has been delegated or sub-delegated under this section,
the power or function may be exercised by the delegate or sub-delegate upon the opinion, belief or state of mind of the delegate or sub-delegate, as the case may be, in relation to the matter.
“(5) Where the Board has delegated a power or function to a person under sub-section (1)—
(a) the Board may give directions to the delegate with respect to the exercise of the power or the performance of the function; and
(b) if the delegate has sub-delegated the power or function under sub-section (1a), the delegate—
(i) shall, if the Board has given a direction to the delegate under paragraph (a) with respect to the exercise of the power or the performance of the function, give a corresponding direction to the sub-delegate; and
(ii) may, subject to any direction given to the delegate by the Board under paragraph (a), give directions to the sub-delegate with respect to the exercise of the power or the performance of the function.”.
(a) by omitting from sub-section (1) “and of Classification Committees”; and
(b) by omitting sub-section (4).
(a) by inserting in sub-section (13) “, subject to such modifications (if any) as are prescribed,” after “shall”;
(b) by omitting from paragraph (13) (d) “(7),”;
(c) by omitting from sub-section (14) “and adaptations”; and
(d) by omitting sub-section (15) and substituting the following sub-section:
“(15) In sub-sections (13) and (14), ‘modifications’ includes additions, omissions and substitutions.”.
(a) by inserting in sub-section (12) “, subject to such modifications (if any) as are prescribed,” after “shall”;
(b) by omitting from sub-section (13) “and adaptations” and “by the regulations”; and
(c) by omitting sub-section (14) and substituting the following sub-section:
“(14) In sub-sections (12) and (13), ‘modifications’ includes additions, omissions and substitutions.”.
(a) by omitting sub-sections (3), (5) and (5a); and
(b) by omitting from sub-section (4) “Chairman” and substituting “Head of the Public Service Board”.
(a) by omitting sub-section (3) and substituting the following sub-sections:
“(3) A delegation of a power or function by the Secretary of a Department under sub-section (1)—
(a) may be absolute or conditional;
(b) does not prevent the exercise of the power or the performance of the function by the Secretary;
(c) subject to paragraph (d), continues in force notwithstanding the appointment of another person as the Secretary of the Department; and
(d) may be revoked by instrument in writing signed by the Secretary for the time being of the Department.
“(3a) Where a Secretary has delegated a power or function to a person under sub-section (1), the Secretary may give directions to the delegate with respect to the exercise of the power or the performance of the function.”; and
(b) by omitting sub-section (5).
(a) being a Chief Officer under section 26a of the Principal Act; or
(b) holding, or performing all or part of the duties of, a prescribed office under that section,
the
person may, after that commencement, continue to exercise the power or perform
the function as if the power or function had been delegated to the person by
the relevant Secretary under the
(a) by inserting after the definition of “Committee” in sub-section (1) the following definition:
“non-appellable promotion’ means a promotion under section 50 to an office having—
(a) a classification equal to or higher than the classification of Clerical Administrative Class 9; or
(b) a classification equivalent to a classification referred to in paragraph (a), being a classification prescribed, or included in a class of classifications prescribed, by the regulations,
being a promotion notified in the
Gazette after the commencement of section 20 of thePublic Service Legislation (Streamlining )Act 1986 ”;(b) by omitting “or 50da (8)” from sub-paragraph (b) (i) of the definition of “prescribed day” in sub-section (1) and substituting “, 50da (8) or 50db (8)”; and
(c) by omitting paragraphs (4) (e) and (f) and substituting the following word and paragraph:
“or (e) the promotion against which the appeal was made lapses under regulations made under section 50e.”.
(a) by omitting from sub-paragraph (1) (b) (ii) “and other attributes” and substituting “, personal qualities and potential for development”;
(b) by omitting sub-section (2) and substituting the following sub-section:
“(2) Without limiting the generality of sub-section (1), powers under this Act shall be exercised without patronage or favouritism.”;
(c) by omitting from sub-section (3) “in accordance with procedures that preclude” and substituting “without”;
(d) by omitting from paragraph (3) (b) “and” and substituting “or”; and
(e) by adding at the end the following sub-section:
“(6) A reference in this section to the exercise of a power under this Act includes a reference to the making of a report or recommendation in relation to the exercise of such a power.”.
(a) by inserting after sub-section (1) the following sub-section:
“(1a) Where a scale of rates of salary is applicable to an office, or offices included in a class of offices, the Board may, by instrument in writing published in the
Gazette— (a) determine that an officer occupying that office, or an office included in that class of offices, shall, upon compliance with such conditions as are specified in the instrument, be paid salary at such rate in that scale as is specified or referred to in the instrument; and
(b) determine that an officer occupying that office, or an office included in that class of offices, shall not be paid salary at a rate in that scale exceeding such rate as is specified or referred to in the instrument unless the officer has complied with such conditions as are specified in the instrument.”; and
(b) by omitting sub-section (2) and substituting the following sub-section:
“(2) A qualification or condition set out in a notification under paragraph (1) (c) or (d), or a condition set out in an instrument under sub-section (1a), may be a qualification or condition that is defined or expressed by reference to the opinion of the Board, or the opinion of a person specified in the notification or instrument, in relation to a particular matter.”.
(a) by inserting after paragraph (1) (d) the following paragraph:
“(da) for the purpose of section 53, an examination or test in relation to offices included in a specified class of offices;”; and
(b) by omitting paragraph (1) (e) and substituting the following paragraph:
“(e) the circumstances in which a vacancy may be filled by a transfer or promotion under section 50db or 53; or”.
“(3a) Sub-sections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the vacancy occurred, after a previous vacancy in the office was filled by the appointment, promotion or transfer of a person to the office, without that person having started to perform the duties of the office but, if the Board so directs, the relevant Secretary shall comply with sub-section (2) in relation to the vacancy.”.
“33c. (1) The Secretary of a Department may, with the consent in writing of an officer who holds an office in the Department, declare, in writing, that the officer shall, on a day specified in the declaration, become
an unattached officer and, if the Secretary does so, the office so held by the officer becomes vacant on the day so specified.
“(2) Except as otherwise directed by the Board under this or another provision of this Act, a person who is, or is deemed to be, an unattached officer of the Service is included in the Department in which the person last held an office.”.
“34. A person is not eligible for appointment to the Service unless the Board is satisfied that the person is a fit and proper person to be an officer of the Service.”.
(a) by omitting from sub-section (1) “by instrument signed by him” and substituting “in writing”;
(b) by omitting from sub-section (3) “unless he has received a report in writing from the Chairman” and substituting “unless the Prime Minister has received a report in writing from the Head of the Public Service Board”;
(c) by omitting from sub-section (4) “Chairman” and substituting “Head of the Public Service Board”; and
(d) by omitting from sub-section (5) “his” and substituting “the”.
(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:
“(3) The Board may—
(a) at the time when a relevant person is appointed to an office of Secretary under a fixed-term appointment within the meaning of section 37; or
(b) as soon as practicable after the making of the appointment,
make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.
“(4) Without limiting the generality of sub-section (3), a determination under that sub-section in relation to a relevant person may provide that the
Superannuation Act 1976 applies in relation to the person as if the person became an eligible employee within the meaning of that Act on a specified day, which may be on or after, or not earlier than 3 months before, the date of the determination, and where a determination so provides, theSuperannuation Act 1976 has effect accordingly.”; and(b) by adding at the end the following sub-section:
“(6) The Board is not empowered to make a determination for the purposes of sub-section (3) except in accordance with arrangements approved by the Minister for Finance.”.
(a) by omitting from sub-sections (1) and (5) “Governor-General” and substituting “Prime Minister”;
(b) by omitting from sub-section (1) “, by instrument, signed by him,” and substituting “, in writing,”; and
(c) by omitting sub-section (4) and substituting the following sub-section:
“(4) The Prime Minister may at any time, in writing, terminate an appointment under sub-section (1).”.
(a) by omitting from sub-section (2) “, after obtaining a report from the Secretary of the Department concerned,”; and
(b) by omitting from sub-section (3) “report and”.
“(4) Without limiting the
generality of sub-section (3), a determination under that sub-section in
relation to a relevant person may provide that the
day,
which may be on or after, or not earlier than 3 months before, the date of the
determination, and where a determination so provides, the
“47. (1) Subject to sub-section (2), the appointment of a person to the Service as an officer (other than a Secretary) shall, in the first instance, be an appointment on probation.
“(2) The Board may appoint a person to the Service without probation, but—
(a) shall not so appoint a person who is not an Australian citizen, except in accordance with arrangements approved by the Prime Minister; and
(b) shall not so appoint a person unless the Board is satisfied—
(i) after the person has undergone a medical examination approved by the Board, as to the officer’s health and physical fitness; or
(ii) that in the circumstances it is unnecessary to require the person to undergo a medical examination.
“(3) The Board may, at any time within the period of 6 months after an officer is appointed to the Service on probation, confirm the appointment.
“(4) The relevant Secretary may, at any time after an officer is appointed to the Service on probation and before the appointment is confirmed, terminate the appointment.
“(5) The relevant Secretary may, at any time after the end of the period of 6 months after an officer is appointed to the Service on probation, confirm the appointment.
“(6) Where, at the end of the period of 12 months after an officer is appointed to the Service on probation, the appointment has been neither confirmed nor terminated, the relevant Secretary shall, as soon as practicable, confirm or terminate the appointment.
“(7) Where, at the end of the period of 2 years after an officer is appointed to the Service on probation, the appointment has been neither confirmed nor terminated, the appointment shall (unless the officer is not an Australian citizen) be deemed to have been confirmed.
“(8) Where an officer appointed to the Service on probation holds a training office—
(a) the reference in sub-section (5) to the period of 6 months after an officer is appointed to the Service shall be read as a reference to the period starting when the officer is appointed and ending when the officer completes the course of training concerned;
(b) the reference in sub-section (6) to the period of 12 months after an officer is appointed to the Service shall be read as a reference to the period starting when the officer is appointed and ending 6 months after the officer completes the course of training concerned; and
(c) the reference in sub-section (7) to the period of 2 years after an officer is appointed to the Service shall be read as a reference to the period starting when the officer is appointed and ending 12 months after the officer completes the course of training concerned.
“(9) The Board shall not, under sub-section (3), and the Secretary shall not, under sub-section (5) or (6), confirm the appointment to the Service of an officer unless the Board or Secretary, as the case may be, is satisfied, after the officer has undergone a medical examination approved by the Board, as to the officer’s health and physical fitness.
“(10) The Board shall not, under sub-section (3), and the Secretary shall not, under sub-section (5) or (6), confirm the appointment to the Service of an officer who is not an Australian citizen, except in accordance with arrangements approved by the Prime Minister.
“(11) A Secretary may, under sub-section (4) or (6), terminate an officer’s appointment to the Service on any of the following grounds:
(a) that the Secretary is not satisfied, after receiving a report from an authorised medical practitioner, as to the officer’s health and physical fitness;
(b) that the Secretary considers, after receiving a report from the officer’s supervisor or another appropriate officer, that the manner of the officer’s performance of duties has not been satisfactory;
(c) that the Secretary considers that the officer is not a fit and proper person to remain an officer of the Service;
(d) that the Secretary is satisfied that the officer is an excess officer;
(e) in the case of an officer who is not an Australian citizen, that the Secretary is satisfied—
(i) that the person has been refused Australian citizenship;
(ii) that the person is unlikely to be granted Australian citizenship within a reasonable time; or
(iii) that the person is not seeking a grant of Australian citizenship with appropriate diligence.
“(12) An officer whose appointment has been terminated is not, unless the Board otherwise determines, eligible for appointment to the Service within the period of 12 months immediately after the termination.
“(13) In this section—
‘appointment’ includes re-appointment;
‘training office’ means an office that is specified in a determination made by the Board under sub-section 53a(1) as an office the occupant
of which is required to undergo a course of training lasting at least 12 months for the purpose of enabling the occupant to perform duties that require professional, technical or other knowledge.”.
(a) before the commencement of this section, a person was appointed to the Service on probation under section 47 of the Principal Act; and
(b) immediately before that commencement, the person’s appointment had not been confirmed or annulled,
section
47 of the
(a) a person who was not an Australian citizen was engaged as an employee under section 82 of the
Public Service Act 1922 as in force before 1 July 1986, or engaged as a fixed-term employee under section 82ae of thePublic Service Act 1922 ,on the understanding that the person would be appointed as an officer on being granted Australian citizenship; and(b) immediately before the commencement of this section, the person was still so engaged and had not been granted Australian citizenship,
section
47 of the
“47c. (1) Where the Board is satisfied that—
(a) a person who was an officer—
(i) resigned in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State, of the Legislative Assembly for the Northern Territory or of a prescribed legislative or advisory body for another Territory;
(ii) was a candidate at the election; and
(iii) failed to be elected; and
(b) the resignation took effect not earlier than 6 months before the date on which nominations for the election closed,
the Board shall, upon application by the person within 2 months after the declaration of the result of the election, re-appoint the person to the Service to fill the office occupied by the person immediately before resigning or an equivalent office or, if such an office is not available, as an unattached officer having the same classification as the person had immediately before resigning.
“(2) The reference in sub-section (1) to the declaration of the result of the election shall, in relation to an election the result of which is challenged, be read as a reference to the determination of the challenge by a court of disputed returns or the lapsing of the challenge, whichever happens first.
“(3) Where—
(a) a person who resigned from the Service as mentioned in sub-paragraph (1) (a) (i) was appointed to the Service on probation and, at the time of the resignation, the person’s appointment had not been confirmed; and
(b) the person is re-appointed to the Service under this section,
section 47 applies in relation to the person as if the person had not resigned but, for the purpose of calculating periods for the purposes of that section, the period between the person’s resignation and the re-appointment under this section shall be disregarded.
“(4) In this section, ‘officer’ does not include a Secretary or an unattached Secretary.”.
“(3a) For the purpose of satisfying itself in relation to the matters specified in paragraph (3) (a), the Board may, if it considers it appropriate, in relation to a vacancy in an office occurring, after a previous vacancy in the office was filled by the appointment, promotion or transfer of a person to the office, without that person having started to perform the duties of the office, have regard to the procedures followed in relation to the previous vacancy and, where it does so, the Board need not have regard to any procedures followed in relation to the first-mentioned vacancy.”.
“49d. (1) The transfer of an officer under sub-section 49 (1) takes effect—
(a) if the officer is not entitled to apply, or does not apply, under sub-section 52 (1), for permission to decline the transfer, or the officer does so apply and the Board or the relevant Secretary, as the case requires, notifies the officer, not later than the prescribed day, that permission is refused—on the prescribed day; or
(b) if the officer applies under sub-section 52 (1) for permission to decline the transfer and the Board or the relevant Secretary, as the case requires, notifies the officer, after the prescribed day, that permission is refused—on the day when the officer is so notified.
“(2) The promotion of an officer under sub-section 49b (1) takes effect on the prescribed day, and salary at the rate applicable to the office concerned is payable to the officer on and from that day.”.
(a) by omitting sub-sections (1) and (2) and substituting the following sub-section:
“(1) The Secretary of a Department shall not, except in prescribed circumstances, fill, by promotion, a vacant office in the Department (other than an office of Secretary or a Senior Executive Service office) unless the Secretary has caused notification of the vacancy to be given in the
Gazette ”;(b) by omitting from sub-sections (3) and (4) “vacancy” (wherever occurring) and substituting “vacant office”; and
(c) by omitting sub-section (6).
“50a. (1) For the purpose of exercising the power under sub-section 50 (3) or section 50da or 50db to promote an officer to fill a vacant office, a Secretary shall select the officer who is, in the opinion of the Secretary, the most efficient of the officers who have applied for promotion to the vacant office.
“(2) For the purpose of forming an opinion as to the most efficient of the officers who have applied for promotion to a vacant office, the Secretary shall have regard to—
(a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Secretary considers that those matters are relevant to the performance of the duties of the office; and
(b) the potential of each officer for further career development in the Service, and the ability of each officer to perform the duties of other offices in the Department of the same or equal classification, to the extent (if any) that the Secretary considers that those matters are relevant to the selection of an officer to hold the office.
“(3) A reference in sub-section (2) to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for further career development in the Service, or ability to perform the duties of other offices in a Department is, in relation to an officer who is a returned soldier or who is or has been absent on specified defence service, a reference to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for future career development in the Service, or ability to perform the duties of the offices concerned that, in the opinion of the Secretary, the officer would have had but for the absence of the officer on active service or on specified defence service.”.
(a) the filling of a vacancy notified in the
Gazette before the commencement of this section; and(b) the filling of a vacancy that was not notified in the
Gazette ,where the interviewing of applicants for promotion or transfer to the vacant office began before the commencement of this section.
(a) by inserting in sub-section (1) “, subject to sub-sections (1a) and (1b),” after “may”; and
(b) by inserting after sub-section (1) the following sub-sections:
“(1a) Except in prescribed circumstances, an officer is not entitled to appeal against a particular promotion unless the officer applied for that promotion.
“(1b) An officer is not entitled to appeal against a non-appellable promotion.”.
“50d. (1) Where an appeal is or appeals are made under section 50b in respect of a promotion, the Committee shall form an opinion as to the most efficient of the officers concerned, namely the officer promoted and the officer or officers who has or have appealed.
“(2) For the purpose of forming an opinion as to the most efficient of the officers concerned, the Committee shall have regard to—
(a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Committee considers that those matters are relevant to the performance of the duties of the office; and
(b) if and only if the Secretary who made the promotion has indicated that, for the purpose of forming an opinion under section 50a, the Secretary had regard to the potential of officers for further career development in the Service, or the ability of officers to perform the duties of other offices in the Department of the same or equal classification—that matter.
“(3) A reference in sub-section (2) to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for further career development in the Service, or ability to perform the duties of other offices in a Department is, in relation to an officer who is a returned soldier or who is or has been absent on specified defence service, a reference to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for future career development in the Service, or ability to perform the duties of the offices concerned that, in the opinion of the Committee, the officer would have had but for the absence of the officer on active service or on specified defence service.
“(4) Where the Committee has formed an opinion as to the most efficient of the officers concerned, the Committee shall—
(a) unless paragraph (b) applies—allow or disallow the appeal or appeals so as to give effect to its opinion; or
(b) if the Committee has also formed the opinion that none of the officers concerned is capable of efficiently performing the duties of the office—disallow the appeal or appeals and cancel the promotion.
“(5) Where an appeal against a promotion is allowed—
(a) the promotion is, by force of this sub-section, cancelled; and
(b) the officer whose appeal is allowed is, by force of this sub-section, promoted to the office.
“(6) Where a promotion is cancelled
under sub-section (4) or by force of sub-section (5), or an officer is promoted
to an office by force of sub-section (5), the relevant Secretary shall cause
notification of the cancellation, or of the promotion, to be given in the
“50daa.(1) An officer who applied unsuccessfully for a non-appellable promotion may, within the prescribed period, apply to the Agency for review of the promotion on the ground that it would be unreasonable for the promotion to stand because of—
(a) a breach of section 33 in connection with the making of the promotion; or
(b) a serious defect in the selection process.
“(2) An application for review of a promotion shall be in writing and shall include particulars of the alleged breach of section 33 or the alleged defect in the selection process.
“(3) Where an application is made to the Agency for review of a promotion, the Agency shall—
(a) make such inquiries as it considers necessary to determine whether a recommendation should be made under sub-section (4) in relation to the promotion; and
(b) make a decision in writing either—
(i) affirming the promotion; or
(ii) making a recommendation under sub-section (4) in relation to the promotion.
“(4) Where an application is made to the Agency for review of a promotion, the Agency shall, if it is satisfied that it would be unreasonable for the promotion to stand because of—
(a) a breach of section 33 in connection with the making of the promotion; or
(b) a serious defect in the selection process,
recommend to the Secretary who made the promotion that the promotion be cancelled.
“(5) The Agency shall cause a copy of its decision to be given to—
(a) the officer who made the application;
(b) the officer promoted; and
(c) the Secretary who made the promotion.
“(6) Where the Agency recommends to the Secretary that a promotion be cancelled, the Secretary—
(a) shall, having regard to the recommendation, reconsider the promotion; and
(b) may cancel the promotion.
“(7) Where a Secretary cancels a promotion under sub-section (6)—
(a) the officer promoted shall, for all purposes, be treated as having held the office concerned during the period beginning when the
promotion took effect and ending when the promotion is cancelled; and
(b) upon the cancellation of the promotion, the Secretary shall transfer the officer to an office in the Secretary’s Department having a classification that is the same as, or equal to, the classification that the officer had immediately before the promotion took effect, and, if necessary, the Secretary shall create such an office for the purpose.
“(8) The Agency shall refuse to consider or further consider an application for review of a promotion if the Agency is satisfied that the application is frivolous or vexatious or was not made in good faith.
“(9) Where 2 or more applications are made to the Agency for review of the same promotion, the Agency may consider those applications concurrently.
“(10) Division 7 of Part II of the Merit Protection Act applies in relation to a review under this section of a promotion in the same manner as it applies to a review of a decision under Division 3 of Part II of that Act.
“50da. (1) Subject to sub-section (4) and to sub-section 50 (4) and section 50j, the Secretary of a Department in which an office (other than an office of Secretary or a Senior Executive Service office) is vacant may, instead of transferring or promoting an officer to fill the vacancy under section 50, transfer or promote an officer to fill the vacancy under this section.
“(2) A transfer or promotion of an officer under this section shall be a transfer or promotion made in accordance with the advice of a Joint Selection Committee.
“(3) Where a Secretary proposes that a vacancy be filled by a transfer or promotion under this section, the Secretary shall—
(a) give notice in writing of the proposal to the organisation that is, in accordance with the regulations, the principal relevant staff organisation in relation to the office; and
(b) if there is another relevant staff organisation or there are other relevant staff organisations—give notice in writing of the proposal to the other relevant staff organisation or organisations, such notice to include a statement to the effect that a relevant staff organisation may, by notice in writing to the Secretary before the expiration of the period prescribed by the regulations for the purposes of this paragraph, object to the proposal.
“(4) Where the principal relevant staff organisation consents to the proposal and—
(a) there is no other relevant staff organisation; or
(b) in a case to which paragraph (a) does not apply—no other relevant staff organisation objects to the proposal before the expiration of the period referred to in paragraph (3) (b),
the Secretary shall—
(c) cause notification of the vacancy, being a notification indicating that the Secretary proposes that the vacancy be filled by a transfer or promotion under this section, to be given in the
Gazette ; and(d) arrange for the establishment of a Joint Selection Committee for the purpose of giving advice to the Secretary with respect to the filling of the vacancy.
“(5)A Joint Selection Committee shall be constituted for the purposes of this section by—
(a) a Convenor nominated by the Agency;
(b) a person nominated by the Secretary of the Department in which the vacancy exists; and
(c) a person nominated by the organisation that is, in accordance with the regulations, the principal relevant staff organisation in relation to the office.
“(6) If, for any reason, a Secretary—
(a) is unable to arrange for the establishment of a Joint Selection Committee for the purpose of giving advice to the Secretary with respect to the filling of the vacancy; or
(b) having arranged for the establishment of a Joint Selection Committee for such a purpose, is unwilling to transfer or promote an officer in accordance with the advice of the Committee,
the Secretary may transfer or promote an officer to fill the vacancy under section 50.
“(7) A promotion of an officer under this section in accordance with the advice of a Joint Selection Committee—
(a) shall be notified in the
Gazette as a promotion made in accordance with the advice of a Joint Selection Committee; and(b) is not subject to appeal under section 50b or review under section 50daa.
“(8) An officer who is transferred under sub-section (1) shall be given notice in writing of the transfer.
“(9) Where a Joint Selection Committee has been constituted for the purpose of giving advice to a Secretary with respect to the filling of a vacancy under this section but, before the Committee gives advice with respect to the filling of that vacancy, a member of the Committee ceases to take part in the deliberations of the Committee, the Committee shall be reconstituted by the remaining 2 members and another member appointed or nominated in accordance with sub-section (5).
“(10) For the purpose of giving advice to a Secretary with respect to the filling of a vacancy under this section, where the members of the Committee do not concur in advice—
(a) if a majority of the members concur in the advice—the advice of the majority shall be deemed to be the advice of the Committee; and
(b) in any other case—the advice of the Convenor of the Committee shall be deemed to be the advice of the Committee.
“50db. (1) Subject to sub-sections (2) and (3), sub-section 50 (4) and section 50j, the Secretary of a Department in which an office (other than an office of Secretary or a Senior Executive Service office) is vacant may, instead of transferring or promoting an officer to fill the vacancy under section 50 or 50da, transfer or promote an officer to fill the vacancy under this section.
“(2) A vacancy shall not be filled by a transfer or promotion under this section except in circumstances of a kind specified by the Board in a notification under paragraph 33a(1) (e).
“(3) Where a Secretary proposes that a vacant office be filled by a transfer or promotion under this section, the Secretary shall—
(a) cause notice of the vacancy, and of the Secretary’s proposal that the office be filled by a transfer or promotion under this section, to be given in the
Gazette; (b) notify the organisation that is, under the regulations, the principal relevant staff organisation of the Secretary’s proposal that the office be filled by a transfer or promotion under this section; and
(c) arrange for the establishment of a Joint Selection Committee for the purpose of giving advice to the Secretary with respect to the filling of the office.
“(4) A Joint Selection Committee shall be constituted for the purposes of this section by—
(a) a Convenor nominated by the Agency;
(b) a person nominated by the Secretary of the Department in which the vacant office exists; and
(c) if, within the prescribed period after being notified under paragraph (3) (b), the principal relevant staff organisation nominates a person—that person.
“(5) A promotion or transfer of an officer made in accordance with the unanimous advice of the members of a Joint Selection Committee constituted for the purpose of this section shall be deemed to have been made under section 50da, and a promotion so made is not subject to appeal under section 50b or review under section 50daa.
“(6) Where a Joint Selection Committee constituted for the purposes of this section gives advice to a Secretary with respect to the filling of a vacant office and—
(a) the Secretary promotes or transfers an officer to fill the vacant office otherwise than in accordance with the advice; or
(b) the advice is not unanimous, but the Secretary transfers or promotes an officer to fill the vacant office,
the promotion or transfer shall be deemed to have been made under section 50, and a promotion so made is subject to appeal under section 50bor review under section 50daa, as the case requires.
“(7) A promotion of an officer
under this section shall be notified in the
“(8) An officer who is transferred as mentioned in this section shall be given notice in writing of the transfer.
“(9) Where a Joint Selection Committee has been constituted for the purpose of giving advice under this section but, before the Committee gives that advice, the Convenor ceases to take part in the deliberations of the Committee, the Committee shall be reconstituted by the remaining members or member and another Convenor nominated by the Agency.
“(10) Where a Joint Selection Committee has been constituted for the purpose of giving advice under this section but, before the Committee gives that advice, the member of the Committee nominated under paragraph (4) (b) ceases to take part in the deliberations of the Committee—
(a) if, within the prescribed period after the member so ceases to take part, the Secretary nominates another person—the Committee shall be reconstituted by the remaining members or member and that other person; or
(b) in any other case, if there are 2 members of the Committee remaining—the Committee shall be reconstituted by the remaining members.
“(11) Where a Joint Selection Committee has been constituted for the purpose of giving advice under this section but, before the Committee gives that advice, the member of the Committee nominated under paragraph (4) (c) (if any) ceases to take part in the deliberations of the Committee, the Secretary shall notify the principal relevant staff organisation that the member has ceased to take part in those deliberations and—
(a) if, within the prescribed period after being so notified by the Secretary, the principal relevant staff organisation nominates another person—the Committee shall be reconstituted by the remaining members and that other person; or
(b) in any other case—the Committee shall be reconstituted by the remaining members.
“50dc. (1) A Joint Selection Committee established for the purpose of giving advice to a Secretary with respect to the filling of a vacant office under section 50da or 50db shall assess the claims of the applicants for promotion or transfer to the office in such manner as the Committee considers necessary to establish their relative efficiency.
“(2) A Joint Selection Committee shall conduct its proceedings with as little formality and technicality, and as quickly, as a proper consideration of the applications permits.
“(3) Where a Joint Selection Committee is reconstituted pursuant to sub-section 50da (9) or 50db (9), (10) or (11), the Committee as reconstituted may have regard to the evidence given, the argument adduced and the reasons for any decision given during proceedings before the Committee as previously constituted.
“(4) A transfer or promotion made under section 50da or 50db shall not be called in question because of a defect or irregularity in connection with the nomination of a member of the Joint Selection Committee.
“(5)A member of a Joint Selection Committee, while acting as such, is not subject to direction by any other person or by any body or authority other than a court.
“50e. (1) A promotion or transfer of an officer to an office takes effect as provided by the regulations.
“(2) Where a promotion under section 50 or 50da of an officer to an office takes effect, salary at the rate applicable to that office is payable to the officer on and from the prescribed day.
“(3) Where, upon the determination of an appeal against the promotion under section 50 of an officer to an office, another officer is promoted to that office by force of sub-section 50d (5), salary at the rate applicable to that office is payable to that other officer on and from the prescribed day in respect of the first-mentioned promotion.”.
(a) section 50d of the Principal Act continues to apply in relation to—
(i) appeals against promotions to vacant offices the vacancies in which were notified; and
(ii) promotions notified,
before the commencement of this section; and
(b) section 50da of the Principal Act continues to apply in relation to a Joint Selection Committee constituted before that repeal was made as if that repeal had not been made.
“(1) Before the promotion or transfer of an officer to a vacant office in a Department takes effect, the Board, or the Secretary of the Department, may cancel the promotion or transfer.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) This section applies to an officer who has been told by the relevant Secretary that the relevant Secretary is satisfied that the officer is an excess officer.”; and
(b) by omitting sub-sections (6) and (7) and substituting the following sub-section:
“(6) The making of an appeal under this section or section 50b by an officer to whom this section applies does not affect the operation of Division 8c”.
“(3) Where, in the opinion of the Board, it is necessary in the interests of the efficient administration of the Service to do so (including in a case to which section 76w applies), the Board may, after consulting with the Secretary of each of the Departments concerned—
(a) transfer an officer who holds an office, or is included, in a Department—
(i) to a specified office in another Department; or
(ii) to another Department as an unattached officer; or
(b) direct that an employee who is employed in a particular capacity in a Department be employed in an equivalent capacity in another Department.
“(4) Notwithstanding sections 49d and 50e, a transfer under paragraph (3) (a) takes effect as specified by the Board.”.
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) Where a decision is made to transfer an officer of a Department to another office in the Department, the officer may apply for permission to decline the transfer—
(a) where the relevant Secretary made, or was personally involved in the making of, the decision—to the Board; or
(b) in any other case—to the relevant Secretary,
and the Board or the Secretary may permit the officer to decline the transfer without prejudice to the officer’s right of future promotion or transfer.
“(2) An application under sub-section (1) shall be made in writing and within the prescribed period.”; and
(b) by omitting from sub-section (3) “promotion or” (wherever occurring).
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Where—
(a) in circumstances specified in a notification under paragraph 33a (1) (e) in relation to a class of offices, there is a vacancy in an office or offices included in that class; and
(b) an examination is specified in a notification under paragraph 33a(1) (da) in relation to that class of offices,
then, if the Secretary of the Department in which the vacant office exists or the vacant offices exist—
(c) if only one officer has passed the examination and is otherwise eligible for transfer or promotion to that office—transfers or promotes that officer to that office or to one of those offices; or
(d) if 2 or more officers have passed the examination and are otherwise eligible for transfer or promotion to that office or those offices—transfers or promotes those officers to that office or those offices in accordance with the order of merit in which they passed the examination,
the transfer or promotion, or each of the transfers or promotions, shall be deemed not to have been made under section 50 but to have been made under this section.”;
(b) by omitting sub-section (2); and
(c) by omitting sub-section (4) and substituting the following sub-section:
“(4) In this section—
(a) ‘examination’ includes a test; and
(b) a reference to passing an examination includes a reference to completing satisfactorily any task required to be performed for the purposes of assessment.”.
“(ea) the officer engages in conduct (including patronage, favouritism or discrimination) in breach of section 33;”.
(a) by omitting sub-section (1);
(b) by omitting from sub-sections (2) and (3) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”; and
(c) by omitting from sub-section (2) “, whether by reason of his consideration of a report furnished under sub-section (1) or otherwise,”.
(a) a reference to a charge, or to an officer being charged under section 61, included a reference to a charge made, or to an officer having been charged under that section, before that commencement, unless the charge was finally disposed of before that commencement; and
(b) a reference to an officer having failed to fulfil the officer’s duty as an officer included a reference to a failure that occurred before that commencement.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Subject to sub-section (2), where an officer is charged with misconduct under section 61, an inquiry shall, without undue delay, be held into the charge by the relevant Secretary or an officer appointed for the purpose by the relevant Secretary.”; and
(b) by omitting from paragraph (6) (a) “$40” (wherever occurring) and substituting “$500”.
(a) by omitting from sub-section (1) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”; and
(b) by inserting after sub-section (1) the following sub-section:
“(1a) The relevant Secretary shall not suspend an officer under paragraph (1) (d) without first giving the officer an opportunity to be heard unless, in the opinion of the relevant Secretary, it would not be appropriate in the particular circumstances to give the officer such an opportunity.”.
(a) by omitting paragraph (2) (a) and substituting the following paragraph:
“(a) the relevant Secretary may—
(i) at any time, upon application by the officer or otherwise, remove the suspension; or
(ii) if the relevant Secretary is satisfied that the officer is suffering or has suffered hardship—subject to any determination under section 82d, direct that the officer be paid the whole or part of the officer’s salary for the whole or part of the period of the officer’s suspension; and”;
(b) by omitting from paragraph (2) (b) and sub-sections (3), (4), (6), (7) and (8) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”; and
(c) by omitting from paragraph (6) (b) “the” (first occurring) and substituting “an”.
“(1) A reference in this section to a decision in respect of an officer shall be read as a reference to a direction given in respect of the officer under sub-section 62 (6) or 63 (1), not being—
(a) a direction under sub-section 62 (6) that there be taken, in respect of the officer, action by way of—
(i) admonishing the officer;
(ii) causing a sum not exceeding $50 to be deducted from the officer’s salary; or
(iii) transferring the officer to an office at the same locality, being an office for which the officer is qualified and which has the same classification as the officer; or
(b) a direction under sub-section 63 (1) that there be taken, in respect of the officer, action by way of transferring the officer to an office at the same locality, being an office for which the officer is qualified and which has the same classification as the officer.”.
“(2) Where an officer is imprisoned by reason of having been convicted of an offence or is in custody awaiting trial for an offence, the relevant Secretary or, in the case of an officer referred to in Subdivision B, the Board may, subject to any determination under section 82d, if the relevant Secretary or the Board, as the case may be, is satisfied that the officer is suffering or has suffered hardship, direct, notwithstanding sub-section (1), that the officer be paid the whole or part of the officer’s salary for the whole or part of that period of imprisonment or custody.”.
(a) by omitting from sub-section (1) “prepaid registered post” and substituting “security post”; and
(b) by omitting from sub-sections (3) and (5) “pre-paid registered post” and substituting “security post”.
“66b. (1) A person who is deemed to have retired from the Service in accordance with sub-section 66a(2) or (4) may apply to the relevant Secretary, in writing, for re-appointment to the Service.
“(2) A Secretary to whom an application is made under sub-section (1) shall—
(a) if the Secretary is satisfied that the applicant had, in all the circumstances, reasonable grounds for being absent, re-appoint the applicant to the Service to fill—
(i) the office occupied by the applicant immediately before the applicant was deemed to have retired from the Service, or an equivalent office;
(ii) if such an office is not available—an available office as nearly as possible equivalent to the office occupied by the applicant as mentioned in sub-paragraph (i); or
(iii) with the consent in writing of the person—another office; or
(b) if the Secretary is not so satisfied—refuse the application.
“(3) Where a Secretary refuses an application—
(a) the Secretary shall notify the applicant in writing accordingly, and furnish to the applicant and the Board the reasons for the refusal; and
(b) an application may be made to the Agency for review of the decision of the Secretary to refuse the application.
“(4) A decision under sub-section (2) to refuse an application may be reviewed under section 43 of the Merit Protection Act.
“(5) Where a person who is deemed
to have retired from the Service in accordance with sub-section 66a (2) or (4) is re-appointed to the
Service under this section, the person shall be deemed, during the period
commencing on the day immediately following the day on which the person is so
deemed to have retired from the Service and ending on the day immediately
preceding the day on which the person was so re-appointed, to have continued in
the Service and to have been absent from duty on leave of absence without pay,
and the relevant Secretary shall determine whether that period, or any part of
that period, is to form part of the officer’s period of service for any
purposes under this Act or any other Act (other than the
“(6) In this section, ‘relevant Secretary’, in relation to a person who is deemed to have retired from the Service in accordance with sub-section 66a(2) or (4), means the Secretary of the Department in which the person held an office, or was included, immediately before being deemed to have so retired or, if that Department has ceased to exist, the Secretary of such Department as the Board directs.”.
(a) by omitting from sub-section (1) “Chief Officer” and substituting “relevant Secretary”; and
(b) by omitting from sub-section (4) “a Chief Officer” and substituting “the relevant Secretary”.
(a) by omitting from sub-section (1) “Chief Officer” and substituting “relevant Secretary”; and
(b) by omitting from sub-paragraph (4) (c) (ii) “Chief Officers” and substituting “Secretaries”.
“76fa. (1) The Board may give notice in writing to an unattached Secretary that if the unattached Secretary retires from the Service within the period specified in the notice he or she will be entitled to a specified benefit in accordance with a determination under section 82d.
“(2) Where notice is given to an unattached Secretary under sub-section (1)—
(a) the unattached Secretary may retire from the Service within the period specified in the notice notwithstanding that he or she is not entitled to retire from the Service under section 76b; and
(b) if the unattached Secretary retires from the Service within the period specified in the notice—
(i) he or she becomes entitled to the benefit specified in the notice; and
(ii) he or she shall be deemed for all purposes to have been compulsorily retired from the Service.
“(3) In this section, ‘unattached Secretary’ does not include an unattached Secretary who, immediately before becoming an unattached Secretary, held an office of Secretary in relation to which section 9 applied.”.
“76h. In this Division, ‘Appeal Committee’ means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection Act.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Where, in relation to a Senior Executive Service officer of a particular classification, the Board, after having taken reasonable steps to identify Senior Executive Service offices—
(a) that are of the same or equal classification;
(b) to which the officer could be transferred or the duties of which the officer could be directed to perform; and
(c) the duties of which the officer could, in the opinion of the Board, perform efficiently,
is satisfied that the services of the officer cannot reasonably be used in the Service in the performance of the duties of, or duties appropriate to, a Senior Executive Service office of the same or equal classification, the Board may give notice to the officer under sub-section (3).”;
(b) by omitting from sub-section (2) “can or could, within a reasonable time,” and substituting “could”;
(c) by omitting paragraphs (3) (a) and (b) and substituting the following paragraphs:
“(a) the officer is assigned to a specified office of a lower classification;
(b) the officer is to become an unattached officer of a lower classification or, being an unattached officer, is to have a lower classification; or
(c) the officer is to be retired from the Service.”;
(d) by omitting sub-sections (7) and (8) and substituting the following sub-section:
“(7) A notice given to an officer under sub-section (3) takes effect as provided by the regulations.”;
(ii) was a candidate at the election; and
(iii) failed to be elected; and
(b) the resignation took effect not earlier than 6 months before the date on which nominations for the election closed,
the Board shall, upon application by the person within 2 months after the declaration of the result of the election, employ the person in the same or a similar capacity with the same rate of pay as that payable to the person immediately before resigning.
“(2) The reference in sub-section (1) to the declaration of the result of the election shall, in relation to an election the result of which is challenged, be read as a reference to the determination of the challenge by a court of disputed returns or the lapsing of the challenge, whichever happens first.”.
(a) by omitting sub-section (2) and substituting the following sub-section:
“(2) Subject to paragraph (3) (b), where a determination under this section is inconsistent with—
(a) a provision of this Act or the regulations;
(b) a provision of, or a determination under, the
Remuneration Tribunals Act 1973 ; or(c) a provision of another Act,
(whether enacted or made before or after the commencement of this Division), the provision or determination referred to in paragraph (a), (b) or (c) prevails and the determination under this section is, to the extent of the inconsistency, of no effect.”;
(b) by inserting after sub-paragraph (4) (a) (iv) the following sub-paragraph:
“(iva) the reckoning as service in the Service, for specified purposes of this Act or any other Act other than the
Superannuation Act 1976 ,of the period between the resignation of an officer or employee as mentioned in sub-paragraph 47c (1) (a) (i) or 82b(1) (a) (i) and the reappointment or employment of the officer or employee under sub-section 47C (1) or 82b(1), as the case may be;”;(c) by inserting after sub-paragraph (4) (a) (vi) the following sub-paragraph:
“(via) the payment of the whole or part of an officer’s salary during a period while the officer is suspended, imprisoned or in custody;”;
(d) by omitting sub-paragraphs (4) (a) (xii) and (xiii) and substituting the following sub-paragraph:
“(xii) the provision of benefits to officers whose salary would, but for the determination, be reduced by reason of action taken under Division 8a, 8b or 8c of Part III or to persons who cease to be officers or cease to perform duties in the Service by reason of action taken, or retirement in accordance with, a provision of one of those Divisions; and”; and
(e) by omitting sub-sections (10) and (11) and substituting the following sub-sections:
“(10) The determinations made in each calendar year (including determinations amending or revoking other determinations) shall, subject to sub-section (10a), be numbered in regular arithmetical series, beginning with the number 1, as nearly as possible in the order in which they are made.
“(10a) The Board may, if it thinks fit, number determinations relating to different subject matters in separate regular arithmetical series, each beginning with the number 1.
“(11) A determination may, without prejudice to any other manner of citation, be cited by reference to its number and the calendar year in which it was made.”.
(a) by inserting after sub-section (2) the following sub-section:
“(2a) An officer specified, or included in a class of officers specified, in a declaration under sub-section 81c (1) becomes a person to whom this Division applies on the day specified in the declaration for the purposes of sub-section 81c (2).”; and
(b) by omitting paragraph (5) (a).
(a) by inserting in paragraph (2) (f) “or (2a)” after “87k (2)”;
(b) by inserting in paragraph (2) (f) “or became employed by a Commonwealth authority by force of sub-section 81c (2)” after “87zc”; and
(c) by omitting sub-paragraph (2) (f) (i) and substituting the following sub-paragraph:
“(i) the person is, and has at all times since becoming engaged in that employment or becoming so employed, as the case may be, continued to be, engaged in that employment or so employed; and”.
“88a. A power conferred on the Prime Minister by this Act may be exercised on the Prime Minister’s behalf by another Minister authorised by the Prime Minister to do so.”.
“(1) An action or proceeding does not lie against a person for or in respect of any oral or written report made in good faith by the person on or in connection with—
(a) work performed, or proposed to be performed, by an officer or employee; or
(b) conduct of an officer or employee.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The Secretary of a Department may formulate and operate a Staff Suggestions Scheme to encourage officers and employees to make suggestions for achieving any of the following objects:
(a) the promotion or improvement of efficiency, or the effecting of economies, in the management and working of the Department;
(b) the improvement of the standard of safety in the operations of the Department.”;
(b) by omitting from sub-section (2) “Board” (wherever occurring) and substituting “Secretary”; and
(c) by omitting sub-section (3) and substituting the following sub-section:
“(3) A Secretary may vary or discontinue a Staff Suggestions Scheme.”.
(a) by omitting from sub-section (1) “Board” and substituting “Secretary of the Department”;
(b) by omitting from sub-section (1) “no officer shall” and substituting “an officer of a Department shall not”;
(c) by omitting from paragraphs (a), (b), (c) and (d) “or” (last occurring);
(d) by inserting after paragraph (d) the following paragraph:
“(da) act as a director of a company or incorporated society, otherwise than in accordance with the requirements of the duties of the officer’s office or otherwise on behalf of the Commonwealth; or”; and
(e) by omitting sub-sections (3), (4), (5) and (6).
(a) by omitting from paragraph (1) (g) “Board” and substituting “Committee”;
(b) by omitting from paragraph (1) (k) “regulating” and substituting “making provision about”; and
(c) by inserting in sub-section (3) “, or of an industrial award,” after “section 82d”.
(a) by omitting from sub-section (1) the definition of “Chief Officer”; and
(b) by inserting after the definition of “Public Service Board” in sub-section (1) the following definition:
“ ‘relevant Secretary’ has the same meaning as in the
Public Service Act 1922 ;”.
(a) by omitting from paragraph (d) “and”; and
(b) by adding at the end the following word and paragraph:
“; and (f) to review promotions in accordance with section 50daa of the
Public Service Act 1922 ”.
(a) by inserting in paragraph (a) “or 50h” after “section 50b”; and
(b) by omitting from paragraph (b) “the classification of the office held by the officer” and substituting “the officer’s classification”.
“(a) a Convenor nominated by the Agency;”.
“15a. (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.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) A Disciplinary Appeal Committee established for the purpose of an appeal under section 63d, 63for 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.”;
(b) by omitting from sub-section (2) “Chairman of a Disciplinary Appeal Committee unless he” and substituting “Convenor of a Disciplinary Appeal Committee unless the person”;
(c) by inserting in sub-section (3) “first” after “person” (first occurring); and
(d) by omitting sub-section (4) and substituting the following sub-sections:
“(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 Board directs.”.
with, and shall determine, that appeal or request as if the amendments made by sub-section (1) and section 112 had not been made.
“22. 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
“23. (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 Board—the Public Service Board; 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 the
“26a. 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 sub-section, 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.”.
(a) by omitting paragraph (1) (a) and substituting the following paragraph:
“(a) a Convenor nominated by the Agency;”; and
(b) by omitting from sub-section (2) “Chairman” and substituting “Convenor”.
“(a) a Convenor nominated by the Agency;”.
(a) by omitting from paragraph (1) (a) “full inquiries” and substituting “such inquiries as it considers necessary”; and
(b) by omitting from paragraph (1) (c) “with as much expedition” and substituting “as quickly”.
“(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”.
(a) by inserting in sub-section (1) “or any other enactment” after “Act”;
(b) by omitting from sub-section (2) “, for the purposes of this Act,”; and
(c) by inserting in sub-section (4) “under this Act” after “Agency” (first occurring).
(a) by omitting sub-paragraph (2) (h) (ii);
(b) by omitting from paragraph (2) (k) “and adaptations”; and
(c) by omitting sub-section (3) and substituting the following sub-section:
“(3) In sub-section (2), ‘modifications’ includes additions, omissions and substitutions.”.
(a) by omitting “or” from paragraph (a) of the definition of “office-holder”; and
(b) by inserting after paragraph (a) of the definition of “office-holder” the following paragraph:
“(aa) a person, not being a Senator or Member of the House of Representatives, who held the office of Prime Minister; or”.
“32. An office-holder, Senator or Member of the House of Representatives may, in writing, authorise another person to exercise, on his or her behalf, a power conferred on the office-holder, Senator or Member by Part III or IV of this Act, and a person so authorised may exercise the power accordingly.”.
Commonwealth Employees (Redeployment and Retirement )Act 1979
Commonwealth Employees (Redeployment and Retirement )Amendment Act 1981
Commonwealth Employees (Redeployment and Retirement )Amendment Act 1983.
“modifications” includes additions, omissions and substitutions;
“prescribed Commonwealth authority” means an authority or body that, immediately before the commencement of this section, was a prescribed Commonwealth authority within the meaning of the
Commonwealth Employees (Redeployment and Retirement )Act 1979.
(a) by omitting paragraph (3) (b) and substituting the following paragraph:
“(b) the person is retired under section 76w of the Public Service Act or the person’s employment or appointment is terminated, otherwise than under that Act, on a ground similar to a ground specified in that section;”;
(b) by inserting in paragraph (3) (f) “or section 76fa” after “76f (1b)”
(c) by omitting from paragraph (3) (f) “or”; and
(d) by inserting after paragraph (3) (g) the following word and paragraph:
“; or (h) the person retires, or the person’s employment or appointment is terminated, otherwise than under the Public Service Act, in prescribed circumstances,”.
(a) by omitting paragraph (r) and substituting the following paragraph:
“(r) decisions relating to promotions, transfers, or appeals against promotions, of individual officers of the Australian Public Service;”; and
(b) by adding at the end the following paragraphs:
“(w) decisions relating to the making or terminating of appointments of Secretaries under the
Public Service Act 1922 ;(y) decisions relating to—
(i) engaging, or terminating engagements of, consultants; or
(ii) employing, or terminating the employment of, staff, under the
Members of Parliament (Staff )Act 1984 ”.
1. No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80, 1977; Nos. 36 and 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; No. 61, 1981; Nos. 26 and 80, 1982; No. 111, 1982 (as amended by No. 39, 1983); Nos. 39, 56 and 92, 1983; No. 63, 1984 (as amended by No. 165, 1984); No. 165, 1984; Nos. 65, 166 and 187, 1985; and Nos. 28, 29 and 76, 1986.
2. No. 65, 1984, as amended. For previous amendments, see No. 165, 1984; No. 65, 1985 (as amended by No. 193, 1985); Nos. 187 and 193, 1985; and No. 76, 1986.
3. No. 64, 1984, as amended. For previous amendments, see Nos. 63 and 165, 1984; and No. 193, 1985.
4. No. 31, 1976, as amended. For previous amendments, see No. 51, 1976; No. 80, 1977; Nos. 17, 134, 169 and 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; No. 92, 1981; No. 92, 1983; No. 165, 1984; and No. 80, 1986.
5. No. 59, 1977, as amended. For previous amendments, see No. 66, 1978; No. 111, 1980; Nos. 111, 115, 122, 137, 140 and 153, 1982; Nos. 62 and 144, 1983; Nos. 76, 159 and 164, 1984; Nos. 4, 47 and 65, 1985; and Nos. 41 and 76, 1986.
6. No. 102, 1978, as amended. For previous amendments, see No. 80, 1982; Nos. 63 and 72, 1984; and No. 65, 1985.
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House of Representatives on 23 October 1986
Senate on 19 November 1986
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