Public Service Reform Act 1984 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922
3. Principal Act
4. Insertion of new section—
6. Chief object of Act
5. Interpretation
6. Officers of the Parliament
7. Termination of employment
8. Delegation by Board
9. Records of officers
10. Insertion of new Part—
PART IIA—PERSONNEL MANAGEMENT
22a. Personnel management reviews
11. Insertion of new section—
22b. Equal employment opportunity programs
12. Insertion of new section—
22c. Industrial democracy plans
13. Division heading
14. Secretaries of Departments
15. Insertion of new sections—
26. Delegation by Secretaries of Departments
26a. Chief Officers
16. Insertion of new section—
26aa. The Senior Executive Service
Section TABLE
OF PROVISIONS—
17. Insertion of new sections—
27. Creation and abolition of offices
28. Classification of offices and officers
29. Administrative re-arrangements
29a. Re-classification of offices
18. Classification of offices and officers
19. Insertion of new Division—
29b. Part-time offices
29c. Hours of attendance of part-time officers
29d. Hours of attendance of certain unattached officers
20. Salaries of officers
21. Insertion of new section—
33aaa. Interpretation
22. Interpretation
23. Repeal of section 33 and substitution of new heading and sections—
33. Application of merit principle, prohibition of patronage, &c.
33a. Notification of certain matters related to appointment, transfer or promotion
33b. Board may arrange for tests and examinations
33c. Unattached officers
24. Notification of certain matters related to appointment, transfer or promotion
25. Insertion of new section—
33aa. Notification of vacancies in Senior Executive Service offices
26. Eligibility for appointment to the Service
27. Repeal of sections 35 to 46 (inclusive) and substitution of new Subdivision, new Subdivision heading and new sections—
35. Interpretation
36. Appointment of Secretaries of Departments
37. Fixed-term appointments
38. Superannuation benefits for fixed-term Secretaries of Departments
39. Acting appointments of Secretaries of Departments
40. Dual appointment of Secretaries of Departments
41. Certain provisions not to apply to appointments under this Subdivision
42. Appointment of officers other than Secretaries of Departments
43. Special appointments
28. Insertion of new sections—
44. Fixed-term appointments to Senior Executive Service
45. Superannuation benefits for fixed-term Senior Executive Service officers
29. Appointments to be on probation
30. Repeal of section 48a
31. Insertion of new Division—
48b. Interpretation
49. Transfers of Senior Executive Service officers
49a. Duties to be performed by Senior Executive Service officers
49b. Promotions to Senior Executive Service offices
49c. Selection of officers for promotion to Senior Executive Service offices
49d. Day on which transfer or promotion takes effect
49e. Division 5 not to apply
32. Repeal of heading to Division 4a of Part III and substitution of new Subdivision heading—
table of provisions—
Section
33. Interpretation
34. Selection of officers for promotion to Senior Executive Service offices
35. Subdivision D not to apply
36. Repeal of heading to Division 5 of Part III and substitution of new heading—
37. Transfers and promotions
38. Selection of officers for promotion
39. Appeals
40. Promotion Appeal Committees
41. Insertion of new section—
50ca. Constitution of Promotion Appeal Committees
42. Repeal of sections 50c and 50ca
43. Determination of appeals
44. Insertion of new section—
50da. Transfer or promotion on advice of Joint Selection Committee
45. Transfer or promotion on advice of Joint Selection Committee
46. Day on which promotion takes effect, & c.
47. Insertion of new sections—
50ea. Multiple promotions
50eb. Day on which transfer takes effect, & c.
48. Cancellation of promotion
49. Transfer of officers by Secretary from one Department to another
50. Simultaneous transfers within a Department
51. Abolition of Department or changed administrative arrangements
52. Temporary performance of duties
53. Officer may decline promotion or transfer, & c.
54. Transfers and promotions to specified offices to be made in accordance with order of passing examinations
55. Transfers and promotions to specified offices to be made in accordance with the order of passing of examinations
56. Promotion of officers who complete courses of training for special positions
57. Promotions of officers who complete courses of training for special positions
58. Promotion of junior officers after attaining the age of 21 years
59. Repeal of Subdivision
60. Repeal of sections 54, 54a and 54b
61. Interpretation
62. Interpretation
63. Inquiries into misconduct in relation to officers other than Secretaries of Departments
64. Convictions by courts of officers other than Secretaries of Departments
65. Recommendation for dismissal
66. Removal and variation of suspension relating to officers other than Secretaries of Departments
67. Appeals
68. Disciplinary Appeal Boards
69. Nullification of conviction
70. Review of findings
71. Interpretation
72. Misconduct committed before becoming unattached officer
73. Misconduct while unattached officer
74. Criminal offences
75. Repeal of section 63n and substitution of new section—
63n. When directions for dismissal take effect
76. Appeals
77. Repeal of section 63q and substitution of new section—
63q. Reasons to be given for making finding or giving direction, & c.
78. Application to unattached officers performing duty in Department
79. Re-appointment of officers deemed to have retired under section 66a
80. Leave of absence for recreation
81. Insertion of new Division—
————
TABLE
of provisions—
Section
76a. Interpretation
76b. Retirement upon or after attaining minimum retiring age
76c. Retirement on ground of age
76d. Retirement of Secretaries of Departments on grounds of inefficiency or incapacity
76e. Termination of appointment
76f. Redeployment of unattached Secretaries of Departments
76g Secretaries of Parliamentary Departments recommended for retirement on medical grounds may be declared unattached
82. Retirement upon or after attaining minimum retiring age
83. Redeployment of unattached Secretaries of Departments
84. Insertion of new Division—
76h. Interpretation
76i. Retirement of Senior Executive Service officers upon or after attaining minimum retiring age
76j. Retirement on ground of age
76k. Declaration on grounds of invalidity
76l. Redeployment and retirement of Senior Executive Service officers
76m. Appeal to Appeal Tribunal
76n. Retirement with consent of officer on grounds of invalidity
76p. Senior Executive Service officers recommended for retirement on medical grounds may be declared unattached
76q. Benefits
76r. Special benefits available to retiring officers
85. Interpretation
86. Declaration on grounds of invalidity
87. Redeployment and retirement of Senior Executive Service officers
88. Appeal to Appeal Committee
89. Repeal of heading to Division 10 of Part III and substitution of new heading—
90. Temporary employment
91. Employment of persons who have resigned to become candidates at elections
92. Determinations
93. Determination of matters by reference to other instruments
94. Promotion of transferred officers to offices in the Service
95. Interpretation
96. Office to become vacant in certain circumstances
97. Application of sections 50 and 53 to certain unattached officers
98. Insertion of new section—
87KAA. Interpretation
99. Right to re-enter Service by way of transfer or promotion
100. Application for re-appointment to Service
101. Re-appointment to Service
102. Re-appointment in special circumstances
103. Constitution of, and inquiries by, Committees
104. Effect of repealed Officers’ Rights Declaration Act ceasing to apply to officer
105. Provisions relating to former officers who resigned to join certain commissions
106. Promotion of certain former officers
107. Dismissal of officer of enemy origin
108. Personation, &c, at examinations
109. Regulations
110. Amendment of certain provisions of Principal Act
PART III—AMENDMENT OF THE PUBLIC SERVICE AND STATUTORY AUTHORITIES AMENDMENT ACT 1980
111. Principal Act
112. Regulations
TABLE
OF PROVISIONS—
PART IV—AMENDMENTS OF THE PUBLIC SERVICE ACTS AMENDMENT ACT 1982
Section
113. Principal Act
114. Division heading
115. Repeal of sections 21 and 22
116. Application of section 30
117. Application of sections 50 and 53 to certain unattached officers
118. Application for re-appointment to Service
119. Provisions relating to former officers who resigned to join certain commissions
120. Regulations
121. Dual appointments of Permanent Heads
122. Repeal of sections 80 and 81
123. Repeal of sections 83 and 84
124. Retirement on ground of age
PART V—AMENDMENTS OF THE COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979
125. Principal Act
126. Interpretation
127. Persons in relation to whom this Act applies
128. Approved criteria and procedures
129. Notification of declaration
130. Redeployment in Public Service
131. Appeals
132. Commonwealth Employees Redeployment and Retirement Appeals Tribunals
133. Commonwealth Employees Redeployment and Retirement Appeals Tribunals
134. Retirement of Permanent Heads on grounds of inefficiency or incapacity
135. Permanent Heads recommended for retirement on medical grounds may be declared unattached
136. Retirement on ground of age
137. Regulations
PART VI—AMENDMENTS OF THE GOVERNOR-GENERAL ACT 1974
138. Principal Act
139. Amendment of title
140. Insertion of new section—
2a. Interpretation
141. Insertion of new sections—
6. Official Secretary
7. Terms and conditions of appointment
8. Remuneration of Official Secretary
9. Operation of Superannuation Act
10. Resignation
11. Termination of appointment
12. Acting Official Secretary
13. Official Secretary may employ staff
14. Terms and conditions of employment
15. Termination of employment
16. Rights of officers employed by Official Secretary
17. Rights of relevant public servants employed by Official Secretary
18. Operation of Public Service Arbitration Act
19. Annual Report
20. Regulations
PART VII—AMENDMENTS OF THE LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976
142. Principal Act
143. Long service leave benefits not to be granted under other laws
table of provisions—
PART VIII—AMENDMENTS OF THE MEMBERS OF PARLIAMENT
Section (STAFF) ACT 1984
144. Principal Act
145. Interpretation
146. Rights of officers employed by office-holders
147. Rights of officers employed by Senators and Members
148. Repeal of Part V
PART IX—AMENDMENT OF THE REMUNERATION TRIBUNALS ACT 1973
149. Principal Act
150. Time of making reports and determinations
PART X—CONSEQUENTIAL AMENDMENTS
151. Consequential amendments relating to Secretaries of Departments
152. Consequential amendments relating to temporary employment
153. Consequential amendments relating to nationality requirements
154. Insertion of new section—
6a. Official Secretary to the Governor-General
PART XI—TRANSITIONAL PROVISIONS
155. Conversion of part-time employees into part-time officers
156. Redeployment proceedings in relation to Senior Executive Service officers
157. Saving of certain regulations
158. References to temporary employment
159. Saving of certain proceedings
SCHEDULES
SCHEDULE 1
AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922
SCHEDULE 2
AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922
SCHEDULE 3
AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922
SCHEDULE 4
CONSEQUENTIAL AMENDMENTS RELATING TO SECRETARIES OF
DEPARTMENTS
SCHEDULE 5
CONSEQUENTIAL AMENDMENTS RELATING TO TEMPORARY EMPLOYMENT
SCHEDULE 6
CONSEQUENTIAL AMENDMENTS RELATING TO NATIONALITY REQUIREMENTS
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“6. The chief object of this Act is to constitute a public service for the efficient, equitable and proper conduct, in accordance with sound management practices (including personnel management practices), of the public administration of the Australian Government and this Act shall be construed accordingly.”.
(a) by omitting the definition of “Classification” and substituting the following definition:
“‘classification’ means—
(a) in relation to an office—a description that identifies the class of offices to which that office belongs, being a class of offices that are of a similar kind, that have responsibilities of a similar level, the performance of the duties of which requires work of similar value and the salary, or range of salaries, applicable to which are the same;
(b) in relation to an officer who holds an office—the classification of that office; and
(c) in relation to an unattached officer—the classification that the officer has as an unattached officer determined in accordance with sub-sections 28 (4) and 42 (2);”; and
(b) by inserting after the definition of “Employee” in sub-section (1) the following definition:
“‘industrial award’ means—
(a) a determination under the
Public Service Arbitration Act 1920; (b) an award or order under the
Conciliation and Arbitration Act 1904; or(c) a determination, award or order made by a prescribed person, tribunal or body under a law of the Commonwealth or of a Territory;”.
(a) by omitting from sub-section (1) the definition of “Permanent Head”;
(b) by inserting after the definition of “Returned soldier” in sub-section (1) the following definition:
“‘Secretary’ means a person for the time being holding, or performing the duties of, an office of Secretary;”; and
(c) by adding at the end of sub-section (1) the following definition:
“‘unattached Secretary’ means a person who—
(a) is an unattached officer; and
(b) immediately before becoming an unattached officer held an office referred to in paragraph (a) of the definition of ‘office of Secretary’.”.
(a) by inserting before the definition of “specified defence service” in sub-section (1) the following definitions:
“‘Senior Executive Service office’ means an office that has a classification declared by the Board under sub-section 28 (1a)to be a Senior Executive Service classification;
“‘Senior Executive Service officer’ means—
(a) an officer who holds a Senior Executive Service office; and
(b) an unattached officer who has a Senior Executive Service classification;”; and
(b) by inserting “(not having a Senior Executive Service classification or a classification lower than the lowest Senior Executive Service classification)” after “officer” in paragraph (a) of the definition of “unattached Secretary” in sub-section (1).
(a) by inserting after the definition of “employee” in sub-section (1) the following definition:
“‘full-time office’ means an office other than a part-time office;”; and
(b) by inserting after the definition of “overseas” in sub-section (1) the following definition:
“‘part-time office’ means an office in relation to which a declaration under sub-section 29b (1) is in force,”.
“‘relevant staff organization’, in relation to an office in a Department, means an organization—
(a) that is registered under the
Conciliation and Arbitration Act 1904; (b) for membership of which a person holding the office would be eligible; and
(c) that is a party to an industrial award that applies in relation to the salary payable in respect of the office, being an industrial award to which the Minister who is responsible for the Department is also a party;”.
“‘Commonwealth authority’ means:
(a) a body corporate incorporated, whether before or after the commencement of sub-section 5 (8) of the
Public Service Reform Act 1984, for a public purpose by an Act, by regulations made under an Act or by or under a law of a Territory (other than the Northern Territory), being a body employing staff on its own behalf;(b) an authority or body, not being a body corporate, established, whether before or after the commencement of sub-section 5 (8) of the
Public Service Reform Act 1984, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory (other than the Northern Territory), being an authority or body employing staff on its own behalf;(c) a company or other body corporate incorporated, whether before or after the commencement of sub-section 5 (8) of the
Public Service Reform Act 1984, under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest; or(d) an authority or body established, whether before or after the commencement of sub-section 5 (8) of the
Public Service Reform Act 1984 and whether by, or in accordance with the provisions of, an Act, regulations made under an Act or a law ofa Territory or otherwise, and whether a body corporate or not, being an authority or body that is financed in whole or in substantial part, either directly or indirectly, by money provided by the Commonwealth and employs staff on its own behalf;”.
“‘designated group’ means any of the following classes of persons:
(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;
(b) persons who have migrated to Australia and whose first language is a language other than English, and the children of such persons;
(c) persons who are physically or mentally disabled; and
(d) any other class of persons declared by the regulations to be a designated group for the purposes of this definition;”.
(a) by omitting from paragraph (2a) (a) “persons temporarily employed” and substituting “employees”; and
(b) by omitting from paragraph (2a) (b) “persons temporarily employed” (wherever occurring) and substituting “employees”.
(a) by omitting from sub-section (1) “the Chairman of the Board, to another member of the Board, to an officer or employee or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister” and substituting “a person (not being a person engaged as a consultant under section 4 of the
Members of Parliament (Staff )Act 1984 )”; and(b) by omitting sub-section (4).
“(1) The Board shall cause to be kept a record of each officer, showing—
(a) the date of birth of the officer;
(b) the date on which the officer was appointed to the Service; and
(c) the classification of the officer.”.
“22a. (1) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing on personnel management in the Department.
“(2) A notice under sub-section (1) may specify the particular aspects of personnel management that are to be dealt with in the report.
“(3) Where, pursuant to a notice under sub-section (1), the Secretary of a Department gives a report to the Board, the Board, after considering the report, may make recommendations to the Secretary on the action that should or could be taken to improve personnel management in the Department.
“(4) If the Secretary does not concur in or adopt a recommendation made by the Board under sub-section (3) on the action that should be taken to improve personnel management in the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or not adopting the recommendation and give a copy of a statement of those reasons to the Board.
“(5) The Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section.”.
“22b. (1) In this section, unless the contrary intention appears—
‘employment matters’, in relation to a Department, means—
(a) the selection of persons for appointment as officers, or for employment as employees, in the Department;
(b) the promotion and transfer of—
(i) officers to offices in the Department; and
(ii) officers in the Department to offices in other Departments;
(c) training and staff development for officers and employees in the Department;
(d) conditions of service of officers and employees in the Department; and
(e) any other matter related to the employment of officers and employees in the Department;
‘equal employment opportunity program’, in relation to a Department, means a program designed to ensure that—
(a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters in the Department; and
(b) measures are taken to enable women and persons in designated groups to—
(i) compete for promotion and transfer in the Department and in the Service generally; and
(ii) pursue careers in the Department and in the Service generally,
as effectively as other persons;
‘program’ includes—
(a) the particular objectives to be achieved by the program;
(b) the policies to be adopted, and the procedures to be followed, to achieve those objectives;
(c) the quantitative or other indicators against which the effectiveness of the program is to be assessed; and
(d) the allocation of staff and other resources to the task of giving effect to the program.
‘unjustified discrimination’ includes discrimination that is unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984.
“(2) Without limiting the generality of the definition of ‘equal employment opportunity program’ in sub-section (1), the equal employment opportunity program for a Department shall include provision for action to be taken to—
(a) examine practices in relation to employment matters in the Department to identify—
(i) any practices that unjustifiably discriminate against women or persons in designated groups; and
(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;
(b) eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a);
(c) inform officers and employees in the Department, and relevant staff organizations in relation to offices in the Department, of the contents of the program and of the results of any review of the program under sub-section (4);
(d) the collection and recording of information, including statistical information, relevant to the operation of the program;
(e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and
(f) give effect to any guidelines issued under sub-section (10).
“(3) As soon as practicable after the commencement of this section and, in any event, within 12 months after the commencement of this section, the Secretary of a Department shall—
(a) after giving relevant staff organizations in relation to offices in the Department and such other persons as the Secretary considers appropriate an opportunity to put their views, cause to be developed an equal employment opportunity program for the Department;
(b) cause to be prepared a statement in writing setting out the program so developed; and
(c) give a copy of the statement to the Board.
“(4) The Secretary of a Department shall—
(a) from time to time, after giving relevant staff organizations in relation to offices in the Department and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the Department to be reviewed;
(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and
(c) give a copy of the statement to the Board.
“(5) The Secretary of a Department shall take any action necessary to give effect to the equal employment opportunity program for the Department and
any person who exercises powers in relation to employment matters in the Department shall have regard to the program in exercising those powers.
“(6) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for the Department.
“(7) A notice under sub-section (6) may specify the particular aspects of the equal employment opportunity program for the Department that are to be dealt with in the report.
“(8) Where the Board receives a statement under sub-section (3) or (4) or a report under sub-section (6), the Board, after considering the statement or report, may make recommendations to the relevant Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the Department.
“(9) If the Secretary does not concur in or adopt a recommendation made by the Board under sub-section (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.
“(10) The Board may from time to time, by notice in writing to Secretaries, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for Departments.
“(11) The Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section.
“(12) Where a Department comes into existence after the commencement of this section, this section applies in relation to the Department as if a reference in sub-section (3) to the commencement of this section were a reference to the day on which the Department comes into existence.
“(13) The regulations may provide that this section shall apply to and in relation to a Commonwealth authority and, where the regulations so provide, this section applies to and in relation to the Commonwealth authority as if—
(a) the Commonwealth authority were a Department;
(b) references to the Secretary of a Department were references to the person for the time being holding, or performing the duties of, the office specified in the regulations for the purposes of this paragraph;
(c) a reference in sub-section (3) to the commencement of this section were a reference to the day on which the regulations came into force; and
(d) if the regulations provide that a specified Minister is the prescribed authority for the purposes of the application of this section in relation
to the Commonwealth authority—references in sub-sections (3), (4), (6), (7), (8) and (9) to the Board were references to the Minister so specified.
“(14) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed, apply to and in relation to the employment of—
(a) members of the Australian Federal Police;
(b) persons appointed as officers or engaged as employees under the
Commonwealth Teaching Service Act 1972; (c) persons who hold offices or appointments (not being offices or appointments in the Defence Force) under regulations made under the
Naval Defence Act 1910; or(d) persons who are employed under section 10 of the
Supply and Development Act 1939. (e) persons employed as officers of the Australian Security Intelligence Organization; or
(f) officers appointed in pursuance of section 10 of the
Trade Commissioners Act 1933.
“(15) In sub-section (14), ‘modifications’ includes the addition or omission of a provision or the substitution of a provision for another provision.”.
“22c.(1) In this section, ‘industrial democracy plan’, in relation to a Department, means a plan designed to achieve appropriate participation by officers and employees in the decision-making processes of the Department.
“(2) As soon as practicable after the commencement of this section and, in any event, within 12 months after the commencement of this section, the Secretary of a Department shall—
(a) in consultation with relevant staff organizations in relation to offices in the Department and with such other persons as the Secretary considers appropriate, cause to be developed an industrial democracy plan for the Department;
(b) cause to be prepared a statement in writing setting out the plan so developed; and
(c) give a copy of the statement to the Board.
“(3) The Secretary of a Department shall—
(a) in consultation with relevant staff organizations in relation to offices in the Department and with such other persons as the Secretary considers appropriate, cause the industrial democracy plan for the Department to be reviewed from time to time;
(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the plan); and
(c) give a copy of the statement to the Board.
“(4) The Secretary of a Department shall take any action necessary to give effect to the industrial democracy plan for the Department.
“(5) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the industrial democracy plan for the Department.
“(6) A notice under sub-section (5) may specify the particular aspects of the industrial democracy plan that are to be dealt with in the report.
“(7) Where the Board receives a statement under sub-section (2) or (3) or a report under sub-section (5), the Board, after considering the statement or report, may make recommendations to the relevant Secretary on the action that should or could be taken to improve the effectiveness of the industrial democracy plan for the Department.
“(8) If the Secretary does not concur in or adopt a recommendation made by the Board under sub-section (7) on the action that should be taken to improve the effectiveness of the industrial democracy plan for the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.
“(9) The Board may from time to time, by notice in writing to Secretaries, issue guidelines on the development, implementation and review of industrial democracy plans for Departments.
“(10) The Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section.
“(11) Where a Department comes into existence after the commencement of this section, this section applies in relation to the Department as if a reference in sub-section (2) to the commencment of this section were a reference to the day on which the Department comes into existence.
“(12) The regulations may provide that this section shall apply to and in relation to a Commonwealth authority specified in the regulations and, where the regulations so provide, this section applies to and in relation to the Commonwealth authority as if—
(a) the Commonwealth authority were a Department;
(b) references to the Secretary of a Department were references to the person for the time being holding, or performing the duties of, the office specified in the regulations for the purposes of this paragraph;
(c) a reference in sub-section (2) to the commencement of this section were a reference to the day on which the regulations came into force; and
(d) if the regulations provide that a specified Minister is the prescribed authority for the purposes of the application of this section in relation to the Commonwealth authority—references in sub-sections (2), (3), (5), (7) and (8) to the Board were references to the Minister so specified.
“(13) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed by the regulations, apply to and in relation to the employment of—
(a) members of the Australian Federal Police;
(b) persons appointed as officers or engaged as employees under the
Commonwealth Teaching Service Act 1972; (c) persons who hold offices or appointments (not being offices or appointments in the Defence Force) under regulations made under the
Naval Defence Act 1910; (d) persons who are employed under section 10 of the
Supply and Development Act 1939; (e) persons employed as officers of the Australian Security Intelligence Organization; or
(f) officers appointed in pursuance of section 10 of the
Trade Commissioners Act 1933.
“(14) In sub-section (13), ‘modifications’ includes the addition or omission of a provision or the substitution of a provision for another provision.”.
financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of that financial year.
(a) by inserting in sub-section (2) “, under the Minister,” after “Department shall”;
(b) by omitting sub-section (3) and substituting the following sub-section:
“(3) The Secretary of a Department may, in any case in which he thinks fit, exercise all or any of the powers, or perform all or any of the functions, conferred by—
(a) a relevant Act;
(b) the regulations made under a relevant Act;
(c) a determination under sub-section 9 (7a) or section 82d; or
(d) an industrial award,
on a Chief Officer of the Department, and, for the purposes of the exercise of such powers, or the performance of such functions, by the Secretary, any reference in the relevant Act, the regulations, the determination or the industrial award, as the case requires, to a Chief Officer shall, unless the context otherwise requires, be read as a reference to the Secretary.”; and
(c) by omitting sub-sections (5) and (6) and substituting the following sub-section:
“(5) In sub-section (3), ‘relevant Act’ means—
(a) this Act; and
(b) the
Merit Protection (Australian Government Employees )Act 1984.”.
“26. (1) Subject to sub-section
(4), a Secretary may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to a person (not
being a person engaged as a consultant under section 4 of the
(a) a relevant Act;
(b) the regulations made under a relevant Act;
(c) a determination under sub-section 9 (7a) or section 82d; or
(d) an industrial award, other than this power of delegation.
“(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of the relevant Act, the regulations, the determination or the industrial award, as the case requires, be deemed to have been exercised or performed, as the case may be, by the Secretary.
“(3) A delegation by a Secretary under this section does not prevent the exercise of the power or the performance of the function, as the case requires, by the Secretary.
“(4) A Secretary is not empowered to delegate a power or function under sub-section (1) 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.
“(5) The reference in sub-section (1) to the powers or functions that may be delegated by a Secretary includes a reference to a power or function that the Secretary may exercise or perform by virtue of sub-section 25 (3).
“(6) In this section, ‘relevant Act’ means—
(a) this Act; or
(b) the
Merit Protection (Australian Government Employees )Act 1984.
“26a. (1) The Secretary of a Department may, in writing, appoint—
(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, to be a Chief Officer of the Department.
“(2) The Secretary of a Department may, in writing, declare—
(a) an office in the Service; or
(b) an office created by or under a law of the Commonwealth,
to be a prescribed office in relation to the Department for the purposes of this section.
“(3) Where an office is declared by the Secretary of a Department under sub-section (2) to be a prescribed office in relation to the Department for the purposes of this section, any person who holds that office or performs all or part of the duties of that office is a Chief Officer of the Department.
“(4) Subject to sub-section (5), a Chief Officer of a Department may exercise and perform, in relation to the Department, the powers and functions that are conferred on Chief Officers under—
(a) a relevant Act;
(b) the regulations made under a relevant Act;
(c) a determination under sub-section 9 (7a) or section 82d; or
(d) an industrial award.
“(5) The Secretary of a Department may, in writing, determine that a Chief Officer of the Department may exercise and perform the powers and functions referred to in sub-section (4) only in relation to—
(a) the officers, or officers included in the class of officers, specified in the determination; and
(b) the employees, or employees included in the class of employees, specified in the determination.
“(6) In addition to the powers and functions referred to in sub-section (4), a Chief Officer of a Department may exercise such other powers and shall perform such other functions in relation to the Department as the relevant Secretary, by writing, determines.
“(7) In this section, ‘relevant Act’ means—
(a) this Act; or
(b) the
Merit Protection (Australian Government Employees )Act 1984.”
“26aa. (1) The officers who are Senior Executive Service officers constitute the Senior Executive Service.
“(2) The Senior Executive Service is established in order to provide for a group of officers who—
(a) may undertake higher level policy advice, managerial and professional responsibilities in Departments; and
(b) may be deployed by Secretaries within Departments, and by the Board between Departments, so as best to promote the efficiency of the Australian Public Service.”.
“27. (1) The Secretary of a Department, for the purpose of enabling the Department to perform its functions, may, in writing—
(a) create an office in the Department; or
(b) abolish an office in the Department.
“(2) An instrument under sub-section (1) creating an office shall specify the classification of the office, being an approved classification under sub-section 28 (1).
“28. (1) A classification is an approved classification for the purposes of this Act if and only if—
(a) a determination under section 82d is in force in respect of salary in relation to offices having that classification; or
(b) in a case to which paragraph (a) does not apply—the Board declares, in writing, that the classification is an approved classification for the purposes of this sub-section.
“(2) Where the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of 2 offices is the same, the classifications of the 2 offices shall be taken to be equal.
“(3) Where the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of an office is greater than the rate of salary, or the
maximum rate of salary, as the case requires, payable in respect of another office, the classification of the first-mentioned office shall be taken to be higher than the classification of the second-mentioned office.
“(4) An unattached officer who held an office immediately before becoming an unattached officer shall, until he ceases to be an unattached officer, have a classification corresponding to the classification of that office.
“(5) Nothing in sub-section (1) shall be taken as limiting in any way the provision that may be made by an industrial award to vary the salary applicable in relation to an office or an officer.
“29. (1) Where a Department is abolished, the Prime Minister may, in writing—
(a) create in another Department, or direct the relevant Secretary of another Department to create in that other Department, an office (in this sub-section referred to as the ‘substituted office’)—
(i) that has the same classification as an office (in this sub-section referred to as the ‘former office’) that existed in the first-mentioned Department immediately before it was abolished; and
(ii) the holder of which is required to perform substantially the same duties as the holder of the former office was required to perform; and
(b) declare the substituted office to be, or when created to be, in substitution for the former office.
“(2) Where, by virtue of administrative arrangements approved by the Governor-General or by the Prime Minister, a matter is to be dealt with by a different Department from the Department by which that matter was dealt with immediately before those arrangements were approved, the Prime Minister may, in writing—
(a) abolish, or direct the Secretary of the second-mentioned Department to abolish, an office (in this sub-section referred to as the ‘former office’) in the second-mentioned Department the holder of which is required to perform duties that—
(i) relate wholly or mainly to that matter; or
(ii) are, in the opinion of the Prime Minister, ancilliary to, or attributable to, that matter;
(b) create, or direct the Secretary of the first-mentioned Department to create, in the first-mentioned Department an office (in this sub-section referred to as the ‘substituted office’)—
(i) that has the same classification as the former office; and
(ii) the holder of which is required to perform substantially the same duties as the holder of the former office was required to perform; and
(c) declare the substituted office to be, or when created to be, in substitution for the former office.
“29a. (1) The Secretary of a Department may, in writing, alter the classification of an office in the Department to the classification specified in the instrument, being a classification that is an approved classification under sub-section 28 (1).
“(2) The Board may, by notice in writing to the Secretary of a Department, direct the Secretary to alter the classification of an office in a Department or the classification of offices in the Department, being offices included in a class of offices specified in the notice, to the classification specified in the notice, being a classification that is an approved classification under sub-section 28 (1).
“(3) Subject to sub-section (4), where—
(a) the classification of an office is altered; and
(b) the rate of salary, or the maximum rate of salary, payable in respect of the office immediately after the alteration is different from the rate of salary, or the maximum rate of salary, payable in respect of the office immediately before the alteration,
the office becomes vacant and the officer who held the office immediately before the alteration becomes an unattached officer.
“(4) The Board may, in writing, direct that sub-section (3) shall not apply to or in relation to alterations of the classification of offices included in a specified class of alterations of the classification of offices.”.
(a) by inserting after sub-section (1) the following sub-section:
“(1a) The Board may, in writing—
(a) declare a classification to be a Senior Executive Service classification; or
(b) declare all classifications included in a specified class of classifications to be Senior Executive Service classifications.”; and
(b) by omitting from sub-section (4) “An” and substituting “subject to sub-section 76f (1a), an”.
“29b. (1) An office in a Department (other than an office of Secretary) may be declared by the relevant Secretary, in writing, to be a part-time office.
“(2) Where—
(a) a declaration is made under sub-section (1) in relation to an office; or
(b) a declaration under sub-section (1) in relation to an office is revoked, the office becomes vacant and the officer who held the office immediately before the declaration was made or revoked, as the case may be, becomes an unattached officer.
“(3) Where—
(a) an office (in this sub-section referred to as the ‘former office’) is a part-time office; and
(b) another office (in this sub-section referred to as the ‘substituted office’) is created in another Department and is declared, under sub-section 29 (1) or (2), to be in substitution for the former office,
the declaration made under sub-section (1) in respect of the former office has effect, after the creation of the substituted office, as if it had been made in relation to the substituted office by the Secretary of the Department referred to in paragraph (b).
“(4) The Board, after consultations
with the organizations that are relevant staff organizations in relation to
offices in Departments, may, by notice published in the
“29c. (1) A declaration under sub-section 29b (1) in relation to an office shall specify, subject to sub-section (2), the hours of attendance that are to be applicable to the officer who occupies the office.
“(2) A declaration under sub-section 29b (1) in relation to an office shall not specify hours of attendance that are—
(a) greater than the hours of attendance prescribed by the regulations, for the purpose of this paragraph, in relation to that office or in relation to a class of offices in which that office is included; or
(b) less than the hours of attendance prescribed by the regulations, for the purpose of this paragraph, in relation to that office or in relation to a class of offices in which that office is included.
“(3) Regulations made for the purpose of paragraph (2) (a) shall not prescribe hours of attendance in relation to an office, or offices included in a class of offices, that are greater than the hours of attendance that would be
applicable
to the office, or those offices, if a declaration, or declarations, under
sub-section 29b
“(4) The hours of attendance applicable to an officer who holds an office in relation to which there is in force a declaration under sub-section 29b (1) shall, notwithstanding anything in—
(a) the regulations or in a determination under sub-section 9 (7a) or section 82d; or
(b) an industrial award made before the commencement of this section, be the hours of attendance specified in the declaration.
“(5) A declaration under sub-section 29b (1) in relation to an office shall not be varied or amended without the consent of the officer holding the office.
“29d.
(a) becomes an unattached officer (whether by virtue of sub-section 29b(2) or otherwise); and
(b) immediately before becoming an unattached officer, held a part-time office,
the hours of attendance applicable to the unattached officer shall, until he ceases to be an unattached officer, be the hours of attendance applicable to the officer immediately before he became an unattached officer.
“(2) Subject to sub-section (5), where—
(a) a person who had previously ceased to be an officer is re-appointed to the Service as an unattached officer in pursuance of section 63f, 63g, 87q or 87r; and
(b) the person, immediately before he ceased, or last ceased, to be an officer—
(i) held a part-time office; or
(ii) was an unattached officer to whom sub-section (1) of this section applied,
the hours of attendance applicable to the person shall, until he ceases to be an unattached officer, be the hours of attendance applicable to him immediately before he ceased, or last ceased, to be an officer.
“(3) Subject to sub-section (5), where—
(a) a person is appointed under section 40, or re-appointed under section 47b or 47c, to the Service as an unattached officer; and
(b) the Board is satisfied that the person will, when he ceases to be an unattached officer, be appointed to a part-time office,
the Board may declare, in writing, that the hours of attendance that are applicable to the officer shall, until he ceases to be an unattached officer, be those specified in the declaration.
“(4) The hours of attendance applicable to an officer in relation to whom there is in force a declaration under sub-section (3) shall, notwithstanding anything in—
(a) the regulations or a determination under sub-section 9 (7a) or section 82d; or
(b) an industrial award made before the commencement of this section,
be the hours of attendance specified in the declaration.
“(5) Where the hours of attendance applicable to a person are ascertained in accordance with sub-section (1), (2), (3) or a previous application of this sub-section, the relevant Secretary may, with the consent of the person, determine, in writing, that the hours of attendance applicable to the person are those specified in the determination and, where such a determination is made, the hours of attendance that are applicable to the person shall, until he ceases to be an unattached officer, be those specified in the determination.
“(6) Sub-section 29c (2) applies in relation to a determination under sub-section (5) in like manner as it applies in relation to a declaration under sub-section 29b (1).
“(7) Sub-sections (1), (2) and (5) have effect notwithstanding anything in an industrial award made before the commencement of this section.
“(5) The reference in sub-section (2) to a determination in force under section 82d does not include a reference to a determination under section 82d that makes provision for or in relation to a matter referred to in sub-paragraph 82d(4) (a) (xii), (xiii) or (xiv).”.
“33aaa. (1) In this Division, unless the contrary intention appears—
‘Committee’ means a Promotion Appeal Committee;
‘prescribed day’ means—
(a) in relation to a promotion of an officer under section 49b, 50 or 50da—the later of—
(i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the promotion is notified in the
Gazette; and(ii) the day on which the office to which the officer is promoted becomes vacant; and
(b) in relation to a transfer of an officer under section 49, 50 or 50da
— the later of—
(i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the officer is given notice of the transfer under sub-section 49 (4), 50 (5a) or 50da (8), as the case requires; and
(ii) the day on which the office to which the officer is transferred becomes vacant;
‘promotion’, in relation to an officer, means a movement of the officer within the Service for the purpose of his holding an office in respect of which a rate of salary is payable, or a maximum rate of salary is applicable, that is higher than the rate of salary that was payable, or the maximum rate of salary that was applicable, as the case may be, in respect of the office held by him, or, in the case of an unattached officer, to or in respect of him, immediately before the movement took place;
‘Promotion Appeal Committee’ means a Promotion Appeal Committee established under section 50c.
“(2) In this Division, unless the contrary intention appears, a reference to a vacant office includes a reference to an office that is expected to become vacant and a reference to a vacancy includes a reference to a vacancy that is expected to occur.
“(3) In this Division, a reference to the determination of an appeal against the promotion of an officer is a reference to the allowing or disallowing of the appeal under section 50d.
“(4) For the purposes of this Division, an appeal shall be taken to become inoperative if—
(a) the appeal is withdrawn;
(b) the appeal lapses by virtue of section 50f or 50g;
(c) the appellant or the officer against whose promotion the appeal was made ceases to be an officer, otherwise than by virtue of his becoming a person to whom Division 3 of Part IV applies;
(d) the appellant or the officer against whose promotion the appeal was made ceases, by reason of his promotion to another office having taken effect or for any other reason, to be eligible for promotion to the office concerned;
(e) the officer against whose promotion the appeal was made is granted permission by the Board under section 52 to decline the promotion; or
(f) the promotion against which the appeal was made ceases to have effect under sub-section 50e (7) or section 50ea.
“(5)For the purposes of this Division, the parties to particular appeal proceedings are the officer promoted under section 50 and the appellant or appellants.”.
“33. (1) Powers under this Act in respect of appointment shall be exercised in accordance with procedures that ensure that, in each case where an appointment to the Service is to be made—
(a) all persons who are eligible for appointment to the Service have, so far as is practicable, a reasonable opportunity to apply for the appointment; and
(b) the appointment is made on the basis of an assessment of the relative suitability of the applicants for the appointment, having regard to—
(i) the nature of the duties to be performed by the person appointed; and
(ii) the abilities, qualifications, experience and other attributes of each applicant that are relevant to the performance of those duties.
“(2) Without limiting the generality of sub-section (1), powers under this Act in respect of appointments, transfers and promotions shall be exercised in accordance with procedures that preclude patronage and favouritism.
“(3) Without limiting the generality of sub-section (1), powers under this Act in respect of appointments, transfers and promotions shall, subject to sub-section (4), be exercised in accordance with procedures that preclude—
(a) discrimination on the ground of political affiliation, race, colour, ethnic origin, social origin, religion, sex, sexual preference, marital status, pregnancy, age or physical or mental disability;
(b) discrimination that is unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984; and(c) any other unjustified discrimination.
“(4) The reference in sub-section (3) to discrimination in relation to a power in respect of appointment, transfer or promotion shall be read as not including a reference to—
(a) discrimination that is essential for the effective performance of the duties to which the appointment, transfer or promotion relates, is not unlawful under the
Racial Discrimination Act 1975 or theSex
Discrimination Act 1984 and is declared by the regulations not to be discrimination for the purposes of sub-section (3); or(b) discrimination in relation to appointment that is not unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984 and is in accordance with a program to encourage the appointment of women or persons in a designated group to the Service, being a program that is declared by the regulations to be an approved program for the purposes of this paragraph.
“(5) Where the exercise of a power in respect of appointment is, by virtue of paragraph (4) (b), not discrimination for the purpose of sub-section (3), the power shall be taken to have been exercised in accordance with procedures of the kind referred to in sub-section (1).
“33a.
(1) The Board may from time to time, by notice published in the
(a) the manner in which applications for appointment to the Service will be invited;
(b) the manner of ascertaining the order in which appointments of persons who apply for appointment to specified vacancies or to vacancies included in a specified class of vacancies will be made;
(c) the academic or other qualifications required, or the conditions to be satisfied, for appointment to the Service;
(d) the academic or other qualifications required, or the conditions to be satisfied, for appointment, transfer or promotion to a specified office or to an office included in a specified class of offices, or for appointment as an unattached officer of the Service;
(e) the circumstances in which notification of the existence of vacant offices in Departments will be published in the
Gazette; or(f) such other matters with respect to appointments, transfers or promotions as the Board considers desirable.
“(2) A qualification or condition set out in a notification under paragraph (1) (c) or (d) may be a qualification or condition that is defined or expressed by reference to the opinion of the Board in relation to a particular matter.
“33b. The Board may, from time to time, for the purposes of this Division, arrange for the taking of tests or examinations—
(a) by applicants for appointment to the Service, or by applicants for appointment to the Service included in a particular class of such applicants; or
(b) by officers who wish to become eligible for promotion or transfer to particular offices, or to offices included in a particular class of offices.
“33c. (1) The Board may, with the consent in writing of an officer who holds an office, declare, in writing, that the officer shall, on a day specified in the declaration, become an unattached officer and, if the Board does so, the office so held by the officer becomes vacant on the day so specified.
“(2) A person who is, or is deemed to be, an unattached officer of the Service shall, for the purposes of this Act and of any other Act, be taken to be included in such Department, or in a Department that is identified in such manner, as the Board, in writing, directs.”.
“33aa. (1) Where a vacancy exists, or is expected to occur within the period prescribed by the regulations for the purposes of this sub-section, in a Senior Executive Service office in a Department, the relevant Secretary shall give notice in writing to the Board of the vacancy or expected vacancy.
“(2) Where the relevant Secretary proposes that a vacancy in a Senior Executive Service office be filled, within the period prescribed by the regulations for the purposes of this sub-section, otherwise than by the exercise of a power under section 49 to transfer an officer to the office, the relevant Secretary shall—
(a) cause notification of the vacancy to be published in the
Gazette; and(b) take such other action (if any) as the Secretary thinks necessary to advertise the vacancy.
“(3) Sub-sections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the Board directs that the vacancy is to be filled by the re-appointment of a person in accordance with section 47c.
“(4) Where a vacancy in a Senior
Executive Service office is notified in the
(a) any person (not being an officer) who is eligible for appointment to the Service may apply for appointment to the office; and
(b) any officer may apply for promotion or transfer to the office.”.
(a) by omitting from sub-section (1) “A person” and substituting “Subject to this section, a person”;
(b) by omitting from paragraph (1) (a) “a British subject” and substituting “an Australian citizen”; and
(c) by adding at the end thereof the following sub-sections:
“(4) Where, in the opinion of an appointing authority, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the authority may, in writing, waive, for a specified period or otherwise, the requirement for appointment referred to in paragraph (1) (a) in relation to—
(a) the appointment of a specified person—
(i) to any office in respect of which that authority has the power of appointment; or
(ii) as an unattached officer of the Service; or
(b) the appointment of any person—
(i) to a specified office, or an office included in a specified class of offices, in respect of which that authority has the power of appointment; or
(ii) as a specified unattached officer or an unattached officer included in a specified class of unattached officers.
“(5) Notwithstanding sub-section (4), a waiver by the Board under that sub-section is not effective unless and until the Prime Minister has, in writing, approved the waiver.
“(6) In this section, unless the contrary intention appears—
‘appoint’ does not include re-appoint;
‘appointing authority’ means any person who is empowered by this Act to appoint a person to the Service, and includes the Board.”.
“35. In this Subdivision, unless the contrary intention appears—
‘appointment’ includes re-appointment;
‘Chairman’ means Chairman of the Board and includes a person acting as the Chairman of the Board;
‘office of Secretary’ means an office referred to in paragraph (a) of the definition of ‘office of Secretary’ in sub-section 7 (1), but does not include an office to or in relation to which section 9 applies.
“36. (1) The Governor-General may, by instrument signed by him, appoint a person to an office of Secretary.
“(2) The power of the Governor-General to appoint a person to an office under sub-section (1) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister.
“(3) The Prime Minister shall not recommend, for the purpose of sub-section (2), that a person be appointed under sub-section (1) to an office of Secretary unless he has received a report in writing from the Chairman in relation to the filling of the vacancy or expected vacancy in the office.
“(4) The Chairman shall, before preparing a report for the purposes of sub-section (3) in relation to the filling of a vacancy or expected vacancy in an office of Secretary of a Department, consult with the Minister administering that Department in relation to that matter.
“(5) The appointment of a person to an office of Secretary is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with his appointment.
“37. (1) Where a person who is not an officer is appointed to an office of Secretary, the instrument of appointment may provide that the person is appointed to the Service to hold office as Secretary for such period (not exceeding 5 years and not extending beyond the day on which the person will attain the age of 65 years) as is specified in the instrument of appointment and, where the instrument of appointment so provides, the appointment is a fixed-term appointment for the purposes of this section.
“(2) Where a person who holds an office of Secretary under a fixed-term appointment (in this sub-section referred to as the ‘first appointment’) is appointed (otherwise than under sub-section (8)) to another office of Secretary, the instrument of appointment to that other office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to that other office and, where the instrument of appointment so provides—
(a) the appointment to that other office is a fixed-term appointment for the purposes of this section;
(b) the first appointment terminates upon the making of the appointment to that other office;
(c) sub-section (6) ceases to apply to the person in relation to the first appointment; and
(d) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the first appointment.
“(3) Where a person who—
(a) held an office of Secretary under a fixed-term appointment (in this sub-section referred to as the ‘first appointment’); and
(b) has become an unattached Secretary under sub-section (5),
is appointed to an office (in this sub-section referred to as the ‘second office’) of Secretary, the instrument of appointment to the second office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to the second office and, where the instrument of appointment so provides—
(c) the appointment to the second office is a fixed-term appointment for the purposes of this section;
(d) sub-section (6) ceases to apply to the person in relation to the first appointment; and
(e) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the first appointment.
“(4) The Governor-General, in accordance with advice that is consistent with a recommendation by the Board, may, at the time when a person is given a fixed-term appointment to an office of Secretary, determine in writing that, subject to the conditions (if any) specified in the determination, if the person is retired from the Service under sub-section (6) before the expiration of the period for which the appointment is made, the person shall be entitled to such compensation as is specified in, or ascertained in accordance with, the determination.
“(5) Where a person holds an office of Secretary under a fixed-term appointment, the appointment of the person to that office terminates and the person becomes an unattached Secretary if—
(a) the office is abolished; or
(b) the Governor-General directs, in writing, that the appointment of the person to that office is terminated,
and, immediately after the event referred to in paragraph (a) or (b) occurs, the person does not hold another office of Secretary.
“(6) Subject to paragraphs (2) (c) and (3) (d), where a person is a Secretary by virtue of a fixed-term appointment, the appointment of the person to the Service terminates and the person is deemed to be retired from the Service if—
(a) the period for which the appointment was made expires; or
(b) the Governor-General, before the expiration of the period for which the appointment was made, directs, in writing, that the appointment of the person to the Service is terminated on a day specified in the instrument of direction, being a day not earlier than the day on which the direction is given.
“(7) The Governor-General shall not direct under sub-section (6) that the appointment of a person to the Service be terminated by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person under Division 6, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found, without recording a conviction, that he has committed such an offence.
“(8) Where a person holds an office (in this sub-section referred to as the ‘first office’) of Secretary under a fixed-term appointment, the Governor-General may, in writing, appoint the person to hold, in addition to the first office, another office (in this sub-section referred to as the ‘second office’) of Secretary for such period (not expiring after the day on which the period for which the appointment to the first office was made expires) as is specified in the instrument of appointment to the second office and, where an appointment is made under this sub-section, the appointment to the second office—
(a) is a fixed-term appointment for the purposes of this section;
(b) terminates, subject to sub-section (5), upon the expiration of the period for which the appointment to the second office is made; and
(c) shall not terminate by reason only of the termination of the appointment to the first office.
“(9) If a person who holds an office of Secretary under a fixed-term appointment is appointed under sub-section (8) to another office of Secretary, the person shall be paid remuneration (whether by way of salary, annual allowance or otherwise) in respect of his holding only one of those offices.
“(10) Where sub-section (9) applies in relation to a person in respect of 2 offices and the remuneration payable in respect of one of those offices is higher than the remuneration payable in respect of the other office, the person shall be paid remuneration in respect of his holding the office in respect of which that higher remuneration is payable.
“(11) A power of the Governor-General under this section (other than sub-section (4)) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister.
“(12) The Prime Minister shall not recommend, for the purposes of sub-section (11), the taking of an action under this section unless he has received a report in writing from the Chairman in relation to the taking of the action.
(e) the provisions of sections 33 and 34 of the
Public Service Act 1922 shall be deemed to have been complied with in relation to the appointment.
(a) was, immediately before the commencement of sub-section 127 (2), a declared employee within the meaning of the
Commonwealth Employees (Redeployment and Retirement )Act 1979 ; and(b) becomes, after the commencement of that sub-section and while the declaration continues in force, a Senior Executive Service officer,
the following provisions have effect:
(c) the redeployment declaration in respect of the person shall continue in force after the commencement of that sub-section and shall not be revoked unless the person consents to the revocation;
(d) that Act shall, unless the declaration is revoked, continue to apply in relation to the person in relation to the matter to which the declaration relates as if the person were an employee within the meaning of that Act;
(e) sections 76k and 76l of the
Public Service Act 1922 shall not, unless the declaration is revoked, apply in relation to the person in relation to the matter to which the redeployment declaration relates.
appeal under section 63d of that Act in relation to the direction, recommendation or finding, as if those amendments had not been made.
—————
SCHEDULE 1 Sub-section 110 (1)
AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922
Sub-section 7 (1) (definitions of “Department”, “office of Permanent Head” and “relevant Permanent Head”), sub-section 9 (2aa), paragraph 9 (2a) (b), sub-sections 16 (3), 17 (2) and (3) and 25 (2) and (4), paragraph 25 (4b) (b), sub-section 25 (4c), paragraph 47 (9a) (b), sub-section 50 (1), paragraph 50 (1a) (b), sub-sections 50 (2a), (4), (4a) and (10), 50a (1) and 51 (2), paragraphs 51aa (4) (a) and (b), sub-sections 51a (1) and 58 (6), paragraph 62 (1) (b), sub-sections 63 (6), 63f (5), (6), (7), (9) and (10), 63k (5), 63l (5), 63m (3) and 66a (1), paragraph 66a (2) (b), sub-sections 66a (3), 66b (2), (3), (4) and (6), 76 (5) and 87zc (3), paragraphs 87g (3) (b) and 87m (5) (b) and sub-sections 87zc (3) and 92 (1).
Provision | Amendment |
Sub-section 25 (1).............. | Omit “Permanent Heads”, substitute “Secretaries”. |
Sub-section 50 (1).............. |
|
Sub-section 50 (4c)............ | Omit “Permanent Head”, substitute “relevant Secretary”. |
Schedule 3........................... |
|
—————
SCHEDULE 2 Sub-section 110 (2)
AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922
Sub-sections 30 (1) and (4), 47 (1) and 51a (1) and paragraph 62 (1) (b).
Provision | Amendment |
Sub-section 30 (2) | Omit “Permanent Heads”, substitute “Secretaries”. |
Sub-section 30 (3) | Omit “Permanent Heads”, substitute “Secretaries”. |
|
|
|
|
Section 56a (definition of “Minister”) | Omit “section 33d”, substitute “sub-section 33c (2)”. |
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SCHEDULE 3 Sub-section 110 (3)
AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922
Sub-sections 50 (1), (2), (3) and (4), 50a (2) and 50g (2), paragraphs 50j (1) (b) and (2) (a), section 50k, sub-sections 53 (1) and 53a (4) and section 56a (definition of “Permanent Head”).
Provision | Amendment |
|
|
—————
CONSEQUENTIAL AMENDMENTS RELATING TO SECRETARIES OF DEPARTMENTS
Column 1 | Column 2 |
Act | Provision |
| sub-section 23e (4) |
| sub-sections 19b (3) and 19ba (3) |
| section 67a |
| sub-section 16c (1) |
| sub-section 21 (3) |
| section 18 |
| sub-section 21 (3) |
| sub-sections 2ab (1) and (2), 50 (3) and 50 (6) |
| sub-sections 16 (4) and (5) |
| sub-section 20 (3) |
| sub-sections 30 (2) and (3) and 31 (1) |
| sub-sections 12 (1a) and 17 (1) |
| sub-section 36 (1) |
| sub-sections 19 (2) and (3) |
Column 1 | Column 2 |
Act | Provision |
| sub-sections 27 (2) and (3) and 28 (1) |
| sub-sections 20c (1) |
| sub-sections 79y (4) and (5) |
| sub-sections 21 (1), (2) and (4) |
| sub-section 3 (1) (definitions of “Department” and “office of Permanent Head”), sub-sections 9 (1) and 10 (1) and (3), paragraphs 11 (6) (b) and 12 (1) (g) and (h) and sub-sections 12 (2), 14 (1), 19 (1), 21 (1) and 25 (2) |
| sub-sections 38 (2) and (3) |
| sub-sections 29 (2) and (3) |
| sub-section 23 (1) |
| sub-sections 26 (2) and (3) |
sub-section 84 (1) | |
|
|
| sub-sections 40 (2) and (3) and 42 (2) |
| sub-sections 3b (5), (6), (7), (8), (9) and (10), 130 (3), (6) and (7), section 130h and sub-sections 131 (1), (2) and (3) |
| section 29 |
| sub-section 26 (6) |
| sub-section 27 (2) and (3) |
| sub-section 265 (1) |
sub-sections 43 (3) and (4) | |
| sub-sections 27 (2) and (3) |
| sub-sections 30 (2) and (3) and 31 (1) |
sub-section 15 (3) and paragraph 26 (b) | |
| sub-section 24 (1) |
| sub-section 4 (1) (definitions of “Director” and “restricted membership organization”), sub-sections 6 (1), (5), (6), (7) and |
Column 1 | Column 2 |
Act | Provision |
(8), sub-section 12 (1) (definition of “approved patient”), sub-sections 13 (1), (1a), (1b), (1c) and (3) and 14 (4) and (5), sections 15 and 16, sub-sections 18 (2a), 18a (1), 20 (2), (3) and (3a), 40aa (3a) and (3b), 40ad (1b), (1d) and (1e), 40ae (2), (3) and (5), 40af (1), (3), (4) and (4a), sub-section 46 (1) (definition of “authorized”), sub-sections 48 (1) and (2), 50 (1) and (2), 51 (1), 58e (1), (3) and (8), 58f (1), (2) and (3) and 58ga (3) and (7), section 58h, sub-sections 58j (1) and (1a), sections 60a and 60b, sub-section 61 (2), paragraph 62 (1) (c), sub-paragraph 68 (2) (c) (iv), sub-section 69 (2), paragraph 70 (l) (b), section 71, sub-section 73 (5), paragraphs 73a (1) (b) and 73bb (7) (c), paragraph 73f (1) (b), sub-sections 73g (3), (4), (5), (6), (7), (8), (9) and (10) and 74 (1) and (7), section 74d, sub-sections 75 (1), (3) and (4), 76 (1) and (2), 76a (1), 77 (1), 78 (1), (3), (3a) and (3b), 81 (1), 84a (1), (2) and (3), 90 (1), (3), (4) and (5) and 92 (1) and (1a), paragraph 92a (1) (e), sub-sections 95 (4), (5) and (6) and 98 (1), (2), (3) and (4), paragraph 101 (1) (a), section 102, paragraph 103 (5) (a), sub-sections 104 (1), 104a (1), 105aaa (1) and (2), 105ab (7) and (7a), 105ac (1), 107 (1) and 108 (1) and (2), sections 109 and 111, paragraph 112aa (2) (a), sections 112ab, 112ad and 112b, sub-sections 113 (1) and (2), sections 114 and 116, sub-sections 125 (2) and 133 (1), paragraph 133 (2) (a), sub-sections 134 (3), 134a (1) and (3) and 135a (3), (6) and (7), section 138, sub-sections 139 (1) and 139a (1) and (1a) and paragraph (n) of the Schedule |
Column 1 | Column 2 |
Act | Provision |
| sub-section 17 (4) |
paragraph 17e (3) (a) and sub-sections 17e (4), 34 (2) and (3) and 36 (2) | |
| sub-sections 4 (3a) and (3b), section 7, sub-sections 12 (2) and (4), paragraphs 13 (1) (c) and (2) (b) and 14 (1) (a) and (b), sub-sections 15 (1), 32 (1) and 33 (1) and (1a), section 34 and sub-sections 35 (1), (5), (6), (7) and (8) |
| section 3 (definition of “prescribed Commonwealth officer”) and sub-sections 17 (2), (3) and (4) |
| sub-section 3 (1) (definition of “principal officer”), paragraph 3 (4) (a) and sub-sections 31 (2) and (3) |
| sub-sections 16 (2) and (3) |
sub-section 3 (1) (definition of “authorized officer”) | |
| section 3 (definition of “Secretary”) |
| sub-sections 7 (3) and 8 (4) |
| sub-section 48 (1) |
| sub-section 16 (13) |
| sub-sections 27 (2) and (3) |
| sub-section 49 (1) |
Column 1 | Column 2 |
Act | Provision |
sub-section 16 (5) | |
| sub-section 30 (3) |
| sub-section 19 (3) |
| sub-section 27 (3) |
| sub-section 38 (3) |
| sub-section 29 (3) |
Column 1 | Column 2 |
Act | Provision |
| sub-section 26 (3) |
| sub-section 40 (3) |
| sub-section 27 (3) |
| sub-section 43 (4) |
| sub-section 27 (3) |
| sub-section 30 (3) |
sub-section 34 (3) | |
| sub-section 17 (3) |
| sub-section 31 (3) |
| sub-section 16 (3) |
| sub-section 27 (3) |
Column 1 | Column 2 |
Act | Amendment |
|
|
|
|
| |
| |
|
Column 1 | Column 2 |
Act | Amendment |
| |
| |
|
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CONSEQUENTIAL AMENDMENTS RELATING TO TEMPORARY EMPLOYMENT
Omit the paragraph and substitute the following paragraphs:
“(a) an officer or employee within the meaning of the
Public Service Act 1922; “(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or by or as a member of the Commission or of another authority or body constituted by or under an Act; and”.
Omit the paragraph and substitute the following paragraphs:
“(a) an officer or employee within the meaning of the
Public Service Act 1922; “(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;”.
Omit the definition, substitute the following definition:
“‘Commonwealth officer means a person holding office under, or employed by, the Commonwealth and includes—
(a) an officer or employee within the meaning of the
Public Service Act 1922; (b) a person permanently or temporarily employed or serving in the Public Service of a Territory, or in, or in connection with, the Defence Force, or in the service of an authority or body constituted by or under an Act;”.
Omit the paragraph, substitute the following paragraphs:
“(b) an officer or employee, within the meaning of the
Public Service Act 1922, performing duties in the Australian Public Service as a welfare officer;“(ba) a person who is permanently or temporarily employed as a welfare officer in the Public Service of a Territory;”.
Omit “temporarily”.
Omit the sub-section, substitute the following sub-section:
“(4) For the purposes of sub-section (3), a person who—
(a) is an employee, within the meaning of the
Public Service Act 1922; (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or
(c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply,
shall be deemed to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.”.
Omit the paragraph, substitute the following paragraph:
“(b) an officer or employee within the meaning of the
Public Service Act 1922”.
————
Omit “a British subject”, substitute “an Australian citizen”.
After sub-section (1) insert the following sub-section:
“(1a) Where, in the opinion of the Corporation, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the Corporation may, in writing, waive, for a specified period or otherwise, the requirements for appointment referred to in paragraphs (1) (a) and (b) in relation to—
(a) the appointment of a specified person to any position in the Service; or
(b) the appointment of any person to a specified position, or a position included in a specified class of positions, in the Service.”.
Omit “a British subject”, substitute “an Australian citizen”.
Omit sub-section (3), substitute the following sub-sections:
“(3) Where, in the opinion of the relevant authority, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the relevant authority may, in writing, waive, for a specified period or otherwise, the requirements referred to in paragraphs (2) (a) and (e) in relation to—
(a) the appointment of a specified person to any position in the Service; or
(b) the appointment of any person to a specified position, or to a position included in a specified class of positions, in the Service.
“(3a) Notwithstanding sub-section (3), a waiver by the relevant authority under that sub-section is not effective unless and until the Minister has, in writing, approved the waiver.”.
Omit sub-sections (2) and (3).
Omit the paragraph.
Add at the end of the paragraph “and”.
Omit the paragraph.
Omit “a British subject”, substitute “an Australian citizen”.
Add at the end thereof the following sub-section:
“(2) Where, in the opinion of the Bank, it is desirable to do so for the more efficient operation of the Reserve Bank Service or it is otherwise in the public interest to do so, the Bank may, in writing, waive, for a specified period or otherwise, the requirements for appointment referred to in paragraphs (1) (a) and (b) in relation to—
(a) the appointment of a specified person to any position in the Service; or
(b) the appointment of any person to a specified position, or a position included in a specified class of positions, in the Service.”.
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); and Nos. 39, 56 and 92, 1983.
2. No. 177, 1980.
3. No. 111, 1982.
4. No. 52, 1979, as amended. For previous amendments, see No. 155, 1979; Nos. 26, 61 and 92, 1981; No. 111, 1982; and Nos. 39 and 93, 1983.
5. No. 16, 1974, as amended. For previous amendments, see No. 118, 1977; No. 44, 1982; and No. 39, 1983.
6. No. 192, 1976, as amended. For previous amendments, see No. 9, 1978; Nos. 52 and 155, 1979; Nos. 6 and 61, 1981; and No. 141, 1983.
7. No. 00, 1984.
8. No. 215, 1973, as amended. For previous amendments, see No. 80, 1974; No. 96, 1975; No. 37, 1976; Nos. 60 and 178, 1978; Nos. 26, 108, 136 and 155, 1979; No. 160, 1980; Nos. 61, 74 and 176, 1981; Nos. 78 and 111, 1982; and Nos. 39 and 128, 1983.
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0
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