Public Service Regulations 1935 (Cth)
made under the
Consolidated as in force on 16 September 1999
(includes amendments up to SR 1999 No. 183)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
made under the
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Part 1A APS Values, Code of Conduct and State of the Service Report
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Part III Review of certain decisions and investigation of grievances
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Division 3 Investigation of grievances by the Agency
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Part V Transfer, promotion and temporary performance
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Division 2 Transfers and promotions — Senior Executive Service
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Division 3 Temporary performance of duties — Senior Executive Service offices
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Division 4 Transfers and promotions to offices other than offices of Secretaries and Senior Executive Service offices
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Division 5 Temporary performance of duties — offices other than Senior Executive Service offices
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Division 2 Officers other than Secretaries of Departments and Senior Executive Service officers
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Division 3 Prescribed Commonwealth authorities temporary provisions
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Part X Discipline in relation to unattached officers and employees
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Part XI Officers holding public offices or employed by public authorities
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These regulations are the
Public Service Regulations 1935 .
(1) In these regulations, unless the contrary intention appears:
Parliamentary Department means the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department.the Act means thePublic Service Act 1922 .the Secretary means the Secretary of the Department in connection with which, or in which is employed an officer or employee in connection with whom, the expression is used or is applicable.
In this Part:
Agency means a Department.
Agency Head , for a Department, means the Secretary of the Department.
APS means the Australian Public Service.
APS employee means a person who is:
(a) an officer; or
(b) an employee (except a person engaged overseas to perform duties overseas);
other than an officer or employee of a Parliamentary Department.
APS employment means employment as an APS employee.
APS Values means the values in regulation 5.
Australian law means:
(a) a Commonwealth, State or Territory law; or
(b) an instrument made under such a law.
Code of Conduct means the rules in regulation 7.
Department does not include a Parliamentary Department.
This Part does not apply in relation to the Parliamentary Departments.
Note Part 3 of thePublic Service (Parliamentary Officers) Regulations 1991 sets out the Values and Code of Conduct applying to the Parliamentary Departments.
The APS Values are as follows:
(a) the APS is apolitical, performing its functions in an impartial and professional manner;
(b) the APS is a public service in which employment decisions are based on merit;
(c) the APS provides a workplace that is free from discrimination and recognises the diverse backgrounds of APS employees;
(d) the APS has the highest ethical standards;
(e) the APS is accountable for its actions, within the framework of Ministerial responsibility, to the Government, the Parliament and the Australian public;
(f) the APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and implementing the Government’s policies and programs;
(g) the APS delivers services fairly, effectively, impartially and courteously to the Australian public;
(h) the APS has leadership of the highest quality;
(i) the APS establishes cooperative workplace relations based on consultation and communication;
(j) the APS provides a fair, flexible, safe and rewarding workplace;
(k) the APS focuses on achieving results and managing performance.
An Agency Head must uphold and promote the APS Values.
(1) An APS employee must behave honestly and with integrity in the course of APS employment.
(2) An APS employee must act with care and diligence in the course of APS employment.
(3) An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.
(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws.
(5) An APS employee must comply with any lawful and reasonable direction given by someone in the employee’s Agency who has authority to give the direction.
(6) An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister’s member of staff.
(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
(8) An APS employee must use Commonwealth resources in a proper manner.
(9) An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee’s APS employment.
(10) An APS employee must not make improper use of:
(a) inside information; or
(b) the employee’s duties, status, power or authority;
in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.
(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.
(12) An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.
(13) An APS employee must not, except in the course of his or her duties as an APS employee or with the Agency Head’s express authority, give or disclose, directly or indirectly, any information about public business or anything of which the employee has official knowledge.
An Agency Head is bound by the Code of Conduct in the same way as an APS employee.
A person performing functions in or for an Agency must not victimise, or discriminate against, an APS employee because the APS employee has reported breaches (or alleged breaches) of the Code of Conduct to:
(a) the Agency Head or a person authorised by the Agency Head; or
(b) the Commissioner or a person authorised by the Commissioner.
An Agency Head must establish procedures for dealing with reports referred to in regulation 9.
Note For disciplinary action that may be taken for breaches of the Code of Conduct, see section 61 of the Act.
The procedures must:
(a) have due regard to procedural fairness and comply with the
Privacy Act 1988 ; and(b) provide that Agency employees may report breaches (or alleged breaches) of the Code of Conduct to the Agency Head, or a person authorised by the Agency Head; and
(c) provide that if the Commissioner agrees that a report relates to an issue that would be inappropriate to report to the Agency Head, the employee may make the report to the Commissioner, or a person authorised by the Commissioner; and
(d) ensure that all reports made by Agency employees of breaches (or alleged breaches) of the Code of Conduct are investigated, unless the Agency Head or Commissioner considers that a particular report is frivolous or vexatious; and
(e) provide information about the protection available under regulation 9 to persons making reports; and
(f) enable Agency employees who are not satisfied with the outcome of an investigation by the Agency to refer the issue to the Commissioner, or a person authorised by the Commissioner; and
(g) ensure that the findings of an investigation are dealt with as soon as practicable.
Note For disciplinary action for an officer, see section 61 of the Act.
(1) After the end of each financial year, the Commissioner must give a report to the Minister, for presentation to the Parliament, on the state of the APS during the year.
(2) The report must include:
(a) an evaluation of the extent to which Agencies incorporate the APS Values; and
(b) an evaluation of the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct.
(3) The report may form part of the Commissioner’s annual report under section 15 of the Act.
(4) An Agency Head must give the Commissioner whatever information the Commissioner requires to prepare the report.
For giving effect to this Part, an Agency Head has, for the Commonwealth, all the rights, duties and powers of an employer in relation to APS employees in the Agency.
All officers are required to acquaint themselves with the Act, these regulations and the determinations made under section 82D of the Act.
(1) For paragraph 29C (2) (a) of the Act, 36 hours each week is prescribed for all offices.
(2) For paragraph 29C (2) (b) of the Act, 1 hour each week is prescribed for all offices.
For the purposes of subparagraph (b) (ii) of the definition of “employment” in subsection 87 (1) of the Act, the prescribed number of hours is 14 .
Whenever requested by the Board, or any officer authorized by the Board, the Secretary shall supply such returns or other information as is required for the purpose of carrying out the provisions of the Act or these regulations.
(1) The Secretary may require a person to undergo a medical examination by an authorised medical practitioner for the purposes of section 47 of the Act.
(2) A medical examination of a person under subregulation (1) is not complete until that person has been examined by an authorised medical practitioner to the satisfaction of the Secretary and the person has undergone any further medical examination reasonably required by the Secretary.
In this Division:
officer includes a continuing employee (within the meaning of Division 10 of Part III of the Act) who has been an employee for more than 1 year, but does not include an officer whose appointment to the Service on probation has not been confirmed.
illness includes injury or medical condition.
relevant medical practitioner means:
(a) a Medical Officer in the Australian Government Health Service; or
(b) a registered medical practitioner.
If an officer has been treated or advised by a registered medical practitioner for an illness, the Secretary must not require the officer to attend an examination under this Division by that practitioner in respect of that illness.
(1) Secretary may give a notice in writing to an officer who is absent because of illness for:
(a) a continuous period of 4 weeks; or
(b) periods totalling 4 weeks if those absences relate to the same illness;
to submit to a medical examination by a relevant medical practitioner specified in the notice.
(2) If an officer:
(a) has been absent because of illness for a total of 13 weeks in any 26 week period; or
(b) has been continuously absent because of illness for a period of 13 weeks;
and has not previously attended for a medical examination in accordance with a notice under subregulation (1) during the period of absence, the Secretary must give a notice of the kind mentioned in subregulation (1) to the officer.
(3) If a medical report by a registered medical practitioner (other than a report obtained under this Division) indicates that an officer:
(a) is unfit for the duties of the officer’s position; and
(b) is likely to remain unfit for those duties for an indefinite or extended period;
the Secretary may give a notice in writing to the officer to submit to a medical examination by a relevant medical practitioner specified in the notice.
(4) If an officer returns to duty after absence from duty because of illness for:
(a) a continuous period of 4 weeks; or
(b) periods totalling 4 weeks if those absences relate to the same illness;
the Secretary may:
(c) within the period of 2 weeks after the officer’s return; and
(d) if the Secretary is of the opinion that the officer is not fit to resume duty;
give a notice in writing to the officer to submit to a medical examination by a relevant medical practitioner specified in the notice.
(1) An officer must not fail, without reasonable excuse, to submit to a medical examination in accordance with a notice or direction under this Division.
(2) An officer is taken not to have submitted to a medical examination until the officer has:
(a) been examined by the relevant medical practitioner to the satisfaction of the Secretary; and
(b) submitted to any further medical examination reasonably required by the Secretary on the recommendation of the relevant medical practitioner.
(1) If an officer has been continuously absent from duty because of illness for a period of at least 13 weeks, the officer must not return to duty until a suitable medical practitioner gives a certificate stating that the officer is fit to resume duty.
(2) For the purposes of subregulation (1), a suitable medical practitioner is a relevant medical practitioner (other than a medical practitioner who has been treating or advising the officer in relation to the illness) who is specified by the Secretary for the purpose of giving that certificate.
(1) This regulation applies to an officer if the Secretary reasonably believes that the officer’s state of health:
(a) is affecting the officer’s work performance; or
(b) is a danger to the officer; or
(c) renders the officer a danger to other staff members or members of the public.
(2) The Secretary may require an officer to whom this regulation applies:
(a) to submit to a medical examination by a relevant medical practitioner specified by the Secretary; or
(b) to obtain, and give to the Secretary, a medical report by a registered medical practitioner about the officer’s fitness for duty.
(1) For the purposes of subsection 22B (14) of the Act, the provisions of section 22B of the Act apply, subject to subregulation (2), to and in relation to the employment of members of the Australian Federal Police.
(2) In the application, in accordance with subregulation (1), of section 22B of the Act:
(a) a reference to a Department, to the Department or to Departments shall be read as a reference to the Australian Federal Police;
(b) subsection (1) shall have effect as if paragraphs (a) and (b) of the definition of “employment matters’ were omitted and the following paragraphs substituted:
“(a) the selection of persons for appointment as members of the Australian Federal Police;
(b) the promotion and transfer of members of the Australian Federal Police;”;
(c) a reference to officers and employees in the Department shall be read as a reference to members of the Australian Federal Police;
(d) in paragraph (b) of the definition of “equal employment opportunity program” in subsection (1), “and in the Service generally” shall be omitted;
(e) “relevant staff organizations in relation to offices in the Department” (wherever occurring) shall be omitted and “the Australian Federal Police Association” substituted;
(f) the references in subsection (3) to the commencement of section 22B of the Act shall be read as references to the commencement of this regulation; and
(g) a reference to the Secretary, to the relevant Secretary or to Secretaries shall be read as a reference to the Commissioner of Police appointed under section 17 of the
Australian Federal Police Act 1979 .
For the purposes of subsection 22B (14) of the Act, the provisions of section 22B of the Act shall apply to and in relation to the employment of persons who are employed under section 10 of the
Supply and Development Act 1939 subject to the following modifications, namely the substitution for subsections 22B (1) to (11) (inclusive) of the Act of the subsections set out in Schedule 1C.
(1) For the purposes of subsection 22B (14) of the Act, the provisions of section 22B of the Act apply, subject to subsection (2), to and in relation to the employment of persons employed as officers of the Australian Security Intelligence Organization.
(2) In the application, in accordance with subregulation (1), of section 22B of the Act:
(a) a reference to a Department, to the Department or to Departments shall be read as a reference to the Australian Security Intelligence Organization;
(b) the definition of
employment matters in subsection (1) shall have effect as if subparagraph (b) (ii) were omitted;(c) references to employees shall be omitted;
(d) in paragraph (b) of the definition of “equal employment opportunity program” in subsection (1), and “in the Service generally” shall be omitted;
(e) “relevant staff organizations in relation to officers in the Department” (wherever occurring) shall be omitted and “the staff association referred to in Determination No. 4 of 1985 made under section 86 of the
Australian Security Intelligence Organization Act 1979 ” substituted;(f) the references in subsection (3) to the commencement of section 22B of the Act shall be read as references to the commencement of this regulation; and
(g) a reference to the Secretary, to the relevant Secretary or to Secretaries shall be read as a reference to the Director‑General of Security holding office under the
Australian Security Intelligence Organization Act 1979 .
Discrimination on the ground of age in relation to the exercise of a power under the Act in respect of appointment, transfer or promotion of a person to an office specified in an item in the following table, being discrimination that is essential for the effective performance of the duties to which the appointment, transfer or promotion relates and that is not unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984 , is declared not to be discrimination for the purposes of subsection 33 (3) of the Act if that person has not attained the age specified in that item:
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Discrimination on the grounds of age in relation to the exercise of a power under the Act in respect of the appointment of a person to an office where the employment of that person in that office would be inconsistent with a law of a State or Territory specifying the minimum age a person is required to attain before that person may be employed, being discrimination that is essential for the effective performance of the duties to which the appointment relates and that is not unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984 , is declared not to be discrimination for the purposes of subsection 33 (3) of the Act.
(1) In this regulation:
Electoral Commissioner has the same meaning as in theCommonwealth Electoral Act 1918 .(2) Discrimination on the ground of political affiliation in relation to the exercise of a power under the Act in respect of:
(a) the appointment or transfer of a person to an office in, or as an unattached officer to; or
(b) the promotion of a person to an office in;
the Australian Electoral Commission is declared not to be discrimination against a person for the purposes of subsection 33 (3) of the Act, if:
(c) the discrimination is essential for the effective performance of the duties:
(i) in the case of an unattached officer — that the person will perform for the purposes of the Commission; and
(ii) in any other case — of the office;
(d) the discrimination is not unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984 ; and(e) the Electoral Commissioner has determined in writing that those duties could not be performed by a person who is actively engaged in electoral or political affairs; and
(f) the Electoral Commissioner has requested in writing from the person a written undertaking that he or she will refrain from active engagement in electoral or political affairs when performing the duties; and
(g) the person has not given the Electoral Commissioner an undertaking referred to in paragraph (f).
(1) For paragraph 33 (4) (b) of the Act, a program is an approved program if the purpose of the program is to encourage the appointment to the Service of persons who are:
(a) members of the aboriginal race of Australia; or
(b) descendants of indigenous inhabitants of the Torres Strait Islands.
(2) The program known as the Intellectual Disability Access Program to encourage the appointment to the Service of persons who have intellectual disabilities is declared to be an approved program for the purposes of paragraph 33 (4) (b) of the Act.
It shall be the duty of the Board to inquire into or investigate any matter in relation to the Public Service, which, in the opinion of the Board, should be inquired into or investigated.
For the purposes of subsection 64 (4) of the Act, the prescribed rate is $35.
In this Part, unless the contrary intention appears:
action has the same meaning as in subsection 46 (1) of the Merit Protection Act.
Agency means the Merit Protection and Review Agency established by the Merit Protection Act.
authorised person , in relation to a decision made under the Act, these regulations or a determination, means an officer who is authorised under the Act, these regulations or that determination to make that decision.
decision has the same meaning as in section 38 of the Merit Protection Act.
determination means a determination made by the Board under section 82D of the Act.
Director means the Director of the Agency.
Merit Protection Act means theMerit Protection (Australian Government Employees) Act 1984 .
officer includes employee.
relevant authority means:
(a) in the case of a decision or action for which the relevant Secretary has a responsibility — that relevant Secretary; or
(b) in any other case — the authority responsible for the decision or action the review or investigation of which is sought or that is under review or investigation.
This Division applies to:
(a) a decision of a Secretary under clause 9.2.1 of Public Service Board Determination No. 1983/10 refusing approval for an officer or an employee to undertake a scheme of study as defined in Part 9 of that Determination;
(b) a decision of a Secretary under Division 6 of Part 9 of Public Service Board Determination No. 1983/10:
(i) not to grant reimbursement, in full or in part, of study costs incurred by an approved student in respect of such a scheme of study, or a subject included in such a scheme of study; or
(ii) not to grant payment, in full or in part, prior to the completion of such a scheme of study, or a subject included in such a scheme of study, of study costs incurred or likely to be incurred by an approved student in respect of the scheme of study or subject;
(c) a decision of a Secretary under Division 3 of Part 12 of Public Service Board Determination No. 1983/10:
(i) not to grant reimbursement, in full or in part, of study costs incurred by an award holder in respect of a scheme of study, or a study program, as defined in Part 12 of Public Service Board Determination No. 1983/10; or
(ii) not to grant payment, in full or in part, prior to completion of such a scheme of study or a study program, of study costs likely to be incurred by an award holder in respect of the scheme of study or study program;
(d) a decision of an authorised person under a determination, being a decision that specifies, in relation to an officer who is directed to perform only part of the duties of an office, the classification that shall be deemed to be the classification of that office;
(e) a decision of a Secretary, in relation to an application for the grant under Division 3 of Part 2, Part 9 or Part 12, of Public Service Board Determination 1983/10 of leave of absence:
(i) not to grant the leave;
(ii) to grant the leave for a period other than for the period requested; or
(iii) to grant the leave subject to conditions;
(f) a decision under subregulation 77 (3) of the relevant authority upon its review of a decision referred to in paragraph (a), (b), (c) or (d); and
(g) a decision under subregulation 77 (3) of the relevant authority upon its review of a decision referred to in paragraph (e).
(1) An officer aggrieved by a decision referred to in paragraph 76 (a), (b), (c), (d) or (e) made in relation to the officer may request the relevant authority to review the decision.
(2) A request under subregulation (1) by an officer for review of a decision shall:
(a) be in writing;
(b) set out the decision;
(c) set out the reasons why the officer is aggrieved by the decision; and
(d) be furnished to the relevant authority.
(3) As soon as practicable after receiving a request under subregulation (1) to review a decision made in relation to an officer, the relevant authority shall review the decision and shall, by decision in writing:
(a) affirm the decision;
(b) vary the decision; or
(c) set aside the decision and substitute another decision for the decision so set aside.
(4) For the purposes of a review under this regulation by the relevant authority of a decision made in relation to an officer, that authority may request any person, including the officer, to provide information or documents relevant to the decision.
(5) After 21 days after an officer has, under subregulation (2), furnished to the relevant authority a request for review of a decision, the officer may, in writing, request the Agency to do either or both of the following:
(a) request that authority to state how far that review has progressed;
(b) request that authority to expedite that review.
(6) As soon as practicable after receiving a request under subregulation (5), the Agency shall comply with that request.
(7) The relevant authority shall, not later than 10 days after receiving a request under subregulation (5) concerning a review by that authority of a decision, notify the Agency of the extent of the progress of that review.
(1) For the purposes of section 39 of the Merit Protection Act, application may be made to the Agency for review of:
(a) a decision referred to in paragraph 76 (a), (b), (c), (d) or (e) made in relation to an officer that has been reviewed under regulation 77 by the relevant authority; or
(b) a decision referred to in paragraph 76 (f) or (g) made in relation to an officer by the relevant authority.
(2) An application under subregulation (1) for review of a decision shall:
(a) be in writing;
(b) be addressed to the Director;
(c) set out the decision;
(d) set out the reasons why the application is made; and
(e) be furnished to that authority with a request that that authority furnish the application to the Director.
Within 14 days after receiving an application under regulation 78 for review by the Agency of a decision made in relation to an officer, the relevant authority shall:
(a) furnish to the Director:
(i) the application;
(ii) the request by the officer under regulation 77 for review by that authority of that decision;
(iii) a copy of that decision;
(iv) any other document relevant to that decision or that review; and
(v) if necessary, a report on anything done by that authority in connection with that decision or that review; and
(b) furnish to the officer:
(i) a copy of any document referred to in subparagraph (a) (iv); and
(ii) a copy of any report referred to in subparagraph (a) (v).
On receipt by the Director of an application under regulation 78 for review by the Agency of a decision, that decision may be reviewed:
(a) in the case of a decision referred to in paragraph 76 (e) or (g) — under section 43 of the Merit Protection Act; or
(b) in any other case — under section 42 of that Act.
Where:
(a) under regulation 77 an officer requests the relevant authority to review an official direction to the officer; or
(b) under regulation 78 application is made to the Agency for review of official direction to an officer;
the officer shall, as far as practicable, carry out the direction unless it is withdrawn.
This Division applies to:
(a) an action taken in relation to an officer other than:
(i) classifying an office;
(ii) fixing the rate of salary applicable to an office;
(iii) fixing the conditions of service or employment of officers, in so far as those conditions are set out in, or under, a law of the Commonwealth, otherwise than applying those conditions to the officer;
(iv) an action arising under the
Australian Security Intelligence Organization Act 1979 , theCompensation (Commonwealth Government Employees) Act 1971 or theSuperannuation Act 1976 ;(v) an action in respect of which the officer has under the Act, the
Commonwealth Employees (Redeployment and Retirement) Act 1979 or these regulations (other than this Division) a right of review or appeal, whether or not that right has been exercised;(vi) the annulment of the appointment of the officer under section 47 of the Act;
(vii) refusal to permit under section 52 of the Act the officer to decline a promotion or transfer under that section;
(viii) the appointment, promotion or transfer of a person to an office to which the officer had applied to be promoted or transferred; and
(ix) dispensing with, under section 82AH of the Act, the services of the officer; and
(b) an action taken in relation to an officer that is part of the procedure adopted for the purpose of an action referred to in subparagraph (a) (v), (vi), (vii), (viii) or (ix) taken in relation to the officer;
but does not apply to a decision to which Division 2 applies.
(1) An officer aggrieved by an action to which this Division applies taken in relation to the officer may request the relevant authority to investigate the action.
(2) A request under subregulation (1) by an officer for investigation of an action taken shall:
(a) be in writing;
(b) describe the action;
(c) set out the reasons why the officer is aggrieved by the action; and
(d) be furnished:
(i) in the case of an action that concerns the conduct of the supervisor of the officer — to the relevant authority; or
(ii) in any other case — to the supervisor of the officer who shall, as soon as practicable, refer the request to the relevant authority.
(3) As soon as practicable after receiving a request under subregulation (1) to investigate an action taken in relation to an officer, the relevant authority shall:
(a) investigate the action in any manner that the authority thinks fit; and
(b) cause the officer to be advised of the results of the investigation, of any decision of that authority consequent upon the investigation and of the reasons for that decision.
(4) For the purposes of an investigation under this regulation by the relevant authority into an action taken in relation to an officer, that authority may request any person, including the officer, to provide information or documents relevant to the action.
(5) After 21 days after an officer has under subregulation (2) furnished to the relevant authority or to the supervisor of the officer, as the case requires, a request for investigation of an action, the officer may, in writing, request the Agency to do either or both of the following:
(a) request that authority to state how far that investigation has progressed;
(b) request that authority to expedite that investigation.
(6) As soon as practicable after receiving a request under subregulation (5), the Agency shall comply with that request.
(7) The relevant authority shall, not later than 10 days after receiving a request under subregulation (5) concerning an investigation by that authority of an action, notify the Agency of the extent of the progress of that investigation.
(1) For the purposes of section 47 of the Merit Protection Act, application may be made to the Agency for the investigation, in accordance with Division 4 of Part II of that Act, of an action to which this Division applies taken in relation to an officer that has been investigated by the relevant authority under regulation 83 if the officer remains aggrieved by the action.
(2) An application under subregulation (1) for investigation of an action shall:
(a) be in writing;
(b) be addressed to the Director;
(c) describe the action;
(d) set out the reasons why the application is made; and
(e) be furnished to the relevant authority with a request that that authority furnish the application to the Director.
Within 14 days after receiving an application under regulation 84 for investigation by the Agency of an action taken in relation to an officer, the relevant authority shall:
(a) furnish to the Director:
(i) the application;
(ii) the request by the officer under regulation 83 for investigation by that authority of the action;
(iii) a copy of the advice given under subregulation 83 (3) by that authority to the officer as a result of that investigation;
(iv) any other document relevant to the action or that investigation; and
(v) if necessary, a report on anything done by that authority in connection with that action or that investigation; and
(b) furnish to the officer:
(i) a copy of any document referred to in subparagraph (a) (iv); and
(ii) a copy of any report referred to in subparagraph (a) (v).
Where:
(a) under regulation 83 an officer requests the relevant authority to investigate an official direction to the officer; or
(b) under regulation 84 application is made to the Agency for the investigation of an official direction to an officer;
the officer shall, as far as practicable, carry out the direction unless it is withdrawn.
(1) In this Part:
promotion has the same meaning as in subsection 33AAA (1) of the Act.Promotion Appeal Committee means a Promotion Appeal Committee established under section 9 of theMerit Protection (Australian Government Employees) Act 1984 .(3) In this Part, a reference to an office higher than an office held by an officer shall be read as a reference to an office to which the officer would have to be promoted if the officer were to hold that office.
(4) In this Part, a reference, in relation to an officer, to a higher office shall be read as a reference to an office that is higher than the office held by the officer.
(5) In this Part, a reference to an office higher than another office shall be read as including a reference to an office of a higher classification than that other office.
For subsections 33AA (1) and (2), the period is 12 months.
(1) A notice given under subsection 49 (4) of the Act to a Senior Executive Service officer of the transfer of the officer under subsection 49 (1A) or (1B) of the Act must state the day on which the transfer is proposed to take effect.
(2) The day on which the transfer is proposed to take effect must not be earlier than the day on which the notice of the transfer is given to the officer.
If a Senior Executive Service officer in a Department is to be transferred to a vacant Senior Executive Service office in the Department:
(a) by the Secretary to the Department under subsection 49 (1A) of the Act; or
(b) by the Commissioner under paragraph 49 (1B) (b) or (c) of the Act;
the day, for the purposes of subparagraph (b) (i) of the definition of “prescribed day” in subsection 33AAA (1) of the Act in its application to section 49D of the Act, is:
(c) if:
(i) the officer’s views on the transfer, to which the Secretary or the Commissioner is required to have regard under subsection 49 (2) of the Act, include the view that the officer has no objection to the transfer; or
(ii) the transfer is made under paragraph 49 (1B) (c) of the Act;
the day stated under subregulation 106 (1) in the notice of the transfer given to the officer as the day on which the transfer is proposed to take effect; or
(d) if paragraph (c) does not apply — the later of:
(i) the day stated under subregulation 106 (1) in the notice of the transfer given to the officer as the day on which the transfer is proposed to take effect; or
(ii) the seventh day after the day on which that notice is given to the officer.
If a Senior Executive Service officer in a Department is to be transferred to a vacant Senior Executive Service office in another Department by the Commissioner under subsection 49 (1B) of the Act, the day, for the purposes of subparagraph (b) (i) of the definition of
prescribed day in subsection 33AAA (1) of the Act in its application to section 49D of the Act, is the day stated under subregulation 106 (1) in the notice of the transfer given to the officer as the day on which the transfer is proposed to take effect.
A transfer of a Senior Executive Service officer under subsection 49 (1A) or (1B) of the Act that has filled a vacancy notified in the
Gazette under subsection 33AA (2) of the Act must be notified in theGazette .
In relation to a promotion under section 49B of the Act, the day for the purposes of subparagraph (a) (i) of the definition of “prescribed day” in subsection 33AAA (1) of the Act is the seventh day after the day on which the promotion is notified in the
Gazette .
(1) In this regulation:
direction means a direction under subregulation (2).efficiency , in relation to the selection of an officer to perform duties of an office, has the same meaning as in section 49C of the Act.specified , in relation to a direction, means specified in that direction.(2) The Secretary of a Department may give a direction in writing to an officer to perform temporarily the whole, or a specified part, of the duties of a Senior Executive Service office in that Department the classification of which is not the same as, or equal to, the classification of the officer.
(3) A direction takes effect on the day it is given or, where a later day is specified, on that day.
(4) A direction shall be expressed to continue in force:
(a) until the expiration of a specified day; or
(b) until the occurrence of a specified event;
and, subject to subregulation (9), shall cease to have effect accordingly.
(5) A direction shall not be expressed to operate “until further notice” or to that effect.
(6) In selecting an officer for a direction to perform duties of an office, the Secretary of a Department shall have regard to:
(a) the efficiency of the officer;
(b) the relative importance to the Department of performance of those duties and of performance of the other work of the Department;
(c) the duration of the period during which those duties are to be performed by that officer; and
(d) the costs expected to be associated with the performance of those duties by that officer.
(7) Notwithstanding subregulation (2), a Secretary of a Department shall not give a direction to an officer in another Department without the approval of the Secretary of that other Department or the Board.
(8) A Secretary of a Department may, under subregulation (7), withhold his or her approval of a direction to perform duties where the Secretary considers that the performance of those duties by that officer would give rise to substantial difficulties or inefficiencies in the management or functioning of that Department.
(9) Where an officer is given a direction to perform duties of an office in a Department, the Secretary of the Department may, by writing:
(a) revoke the direction at any time; and
(b) vary the direction at any time by requiring the officer not to perform, or to cease performing, part of those duties after that time.
(1) In this Division, unless the contrary intention appears:
appellable promotion means a promotion under section 50 of the Act other than a non-appellable promotion.nominal effective day means, in relation to:(a) a transfer of an officer under section 50 or 50DA of the Act — the seventh day after the day on which notice of the transfer is given to the officer under subsection 50 (5A) or 50DA (8) of the Act, as the case may be;
(b) an appellable promotion — the twenty-first day after the day on which the promotion is notified in the
Gazette ;(c) a non-appellable promotion or a section 50DA promotion — the seventh day after the day on which that promotion is notified in the
Gazette .
non-appellable promotion has the same meaning as in subsection 33AAA (1) of the Act.office means an office other than:(a) an office of Secretary; or
(b) a Senior Executive Service office.
section 50DA promotion means a promotion under section 50DA of the Act.(2) In this Division, a reference to the taking effect of a transfer or promotion of an officer does not include the taking effect of a transfer or promotion, as the case may be, that becomes inoperative because of:
(a) the officer ceasing to be an officer; or
(b) the operation of any provision of the Act.
(3) In this Division, a reference to a promotion that is notified is a reference to a promotion that is notified in the
Gazette .(4) For the purposes of this Division, an appeal shall be taken to become inoperative if that appeal would be taken to become inoperative in accordance with subsection 33AAA (4) of the Act.
(5) In this Division, a reference to a notice under subsection 50 (5A) or 50DA (8) of the Act includes, in the case of a transfer referred to in subsection 50DB (5) or (6) of the Act, as the case may be, a notice under subsection 50DB (8) of the Act.
Where but for this regulation a transfer or promotion of an officer to an office would take effect on a day and on that day the office is occupied by another officer, the transfer or promotion, as the case may be, does not take effect until the day on which the office becomes vacant.
(1) A transfer of an officer under section 50 of the Act to fill a vacancy notified in the
Gazette shall be notified in theGazette .(2) Where an officer is transferred under section 50 of the Act and the officer is not entitled to apply, or does not apply, under subsection 52 (1) of the Act for permission to decline the transfer, the transfer takes effect, subject to regulation 110, on:
(a) the nominal effective day; or
(b) the day (if any) indicated in the notice of the transfer given to the officer under subsection 50 (5A) of the Act as the day on which the transfer takes effect (being a day no earlier than the day on which that notice is so given);
whichever is the later.
(3) Where an officer is transferred under section 50 of the Act and the officer makes an application under subsection 52 (1) of the Act for permission to decline the transfer and the Board or the Secretary, as the case requires, notifies the officer that permission is refused, the transfer takes effect, subject to regulation 110, on:
(a) the day on which the officer is so notified;
(b) the nominal effective day; or
(c) the day (if any) indicated in the notice referred to in paragraph (2) (b);
whichever is the latest.
(4) In relation to a transfer of an officer under section 50 of the Act the period for the purposes of subsection 52 (2) of the Act is the period beginning at the time the officer is given notice in writing under subsection 50 (5A) of the Act of the transfer and ending immediately before the nominal effective day.
For the purposes of subsection 50 (1) of the Act:
(a) where a vacant office was, immediately before the occurrence of that vacancy, held by a person appointed, promoted or transferred to that office following notification in the
Gazette of the vacancy of that office and that person failed to take up duty in that office, that occurrence is a prescribed circumstance;(b) a decision by the Secretary of a Department to fill an office in the Department is a prescribed circumstance if:
(i) a vacancy (the “first vacancy”) in the office was notified in the
Gazette within 12 months before the decision; and(ii) the office was filled but again became vacant; and
(iii) the classification, duties and location of the office are the same as when the first vacancy was notified in the
Gazette ;(c) a decision by the Secretary of a Department to fill an office in the Department is a prescribed circumstance if:
(i) a vacancy in an office in the Department was notified in the
Gazette within 12 months before the decision; and(ii) the classification, duties and location of both offices are the same;
(h) it is a prescribed circumstance if a decision is made by the Director of Meteorology, Bureau of Meteorology in the Department of the Environment, Sport and Territories, that an office having:
(i) the classification of Professional Officer Class 2; and
(ii) meteorological duties;
be filled by an officer in the Bureau who has the classification of Professional Officer Class 1;
(i) where a vacant office in the Spectrum Management Agency has the classification of Administrative Service Officer Class 4, the decision by the relevant Secretary that the office be filled by an officer in the Spectrum Management Agency who:
(i) occupies an office having the classification of Administrative Service Officer Class 3; and
(ii) immediately before occupying that office, occupied an office in the Spectrum Management Agency having the classification of Graduate Administrative Assistant; and
(iii) was appointed, promoted or transferred to that office of Graduate Administrative Assistant during the month of January or February of 1996;
is a prescribed circumstance;
(j) it is a prescribed circumstance if there is available in a Department a vacant office having the classification of Administrative Service Officer Class 4, 5 or 6, Research Officer Grade 2 or Senior Research Officer Grade 1 or 2 that the Secretary of the Department has determined needs to be filled, and also available in the Department an officer who:
(i) following the application of section 53A of the Act — has the classification of Administrative Service Officer Class 3 or Research Officer Grade 1; and
(ii) immediately before having the classification mentioned in subparagraph (i) — had the classification of Aboriginal Cadet, Cadet or Graduate Administrative Assistant.
(1) Subject to regulation 110, an appellable promotion takes effect:
(a) if no appeal is made in respect of that promotion — on the nominal effective day;
(b) if an appeal is or appeals are made in respect of the promotion and that appeal or all of those appeals, as the case may be, is or are disallowed or becomes or become inoperative no later than the nominal effective day — on that day;
(c) if an appeal is or appeals are made in respect of the promotion and that appeal or all of those appeals, as the case may be, is or are disallowed or becomes or become inoperative on a day later than the nominal effective day — on that later day; or
(d) if appeals are made in respect of the promotion and those appeals are disallowed or become inoperative on 2 or more days one or more of which occurs after the nominal effective day — on the day so occurring or on the later or latest of those days, as the case may be.
(2) In relation to an appellable promotion, the day for the purposes of subparagraph (a) (i) of the definition of
prescribed day in subsection 33AAA (1) of the Act is the nominal effective day.
(1) In this regulation, “
notice of appeal” l means a notice referred to in paragraph (3) (a).(2) For the purposes of subsection 50B (1A) of the Act, the filling, by promotion, of an office the vacancy of which was not notified in the
Gazette is a prescribed circumstance.(3) For the purposes of subsection 50B (3) of the Act, an appeal against a promotion under subsection 50 (1) of the Act:
(a) shall be by notice in writing addressed to the Agency; and
(b) shall be made by delivering the notice of appeal in respect of that promotion to the relevant address before the relevant time on the fourteenth day after the day of notification of that promotion in the
Gazette .
(4) For the purposes of subregulation (3):
(a) the relevant address; and
(b) the relevant time;
in relation to the delivery of a notice of appeal in respect of an appeal against a promotion to an office, are the relevant address and the relevant time, respectively, determined by the Agency by notice published in the
Gazette , in respect of appeals against promotions to that office or to a specified class of offices that includes that office.(5) A determination under subregulation (4):
(a) may describe an office by reference to its location in a State, Territory or other place (whether within or outside Australia);
(b) may specify a relevant time in respect of appeals against promotions to an office located in one place that differs from the time so specified in respect of appeals against promotions to an office located in another place or places.
(6) Where an officer whose appeal has been allowed is promoted under subsection 50D (5) of the Act, that promotion takes effect, subject to regulation 110, on the day on which the appeal is allowed.
For the purposes of paragraph (b) of the definition of “non‑appellable promotion” in subsection 33AAA (1) of the Act the following class of classifications is prescribed, namely, classifications of offices the occupants of which are paid salary the rate or the minimum rate of which immediately before the commencement of this regulation exceeds the maximum rate of salary payable to the occupant of an office having a classification of Clerical Administrative Class 8.
(1) Subject to regulation 110, a non-appellable promotion takes effect on the nominal effective day.
(2) For the purposes of subsection 50DAA (1) of the Act, the period within which application may be made for review of a non‑appellable promotion is the period of 14 days commencing on the day on which that promotion is notified in the
Gazette .(3) Where the Agency receives an application under subsection 50DAA (1) of the Act relating to a promotion made by a Secretary, the Agency shall, within 7 days after the end of the period prescribed by subregulation (2), advise the Secretary of the receipt of the application and furnish to the Secretary a copy of the particulars included in the application.
(4) Where a Secretary is advised under subregulation (3) of the receipt of an application relating to a promotion, the Secretary shall, within 14 days of being so advised, forward to the Agency:
(a) all documents held by his or her Department relating to the making of that promotion; and
(b) any comments on the matters raised in the application.
(5) Where on an application under section 50DAA of the Act a Secretary reconsiders the promotion of an officer and as a result of that reconsideration makes a decision, the Secretary shall advise:
(a) the officer who made the application;
(b) the promoted officer; and
(c) the Agency;
of that decision.
(6) Where a promotion of an officer is cancelled under subsection 50DAA (6) of the Act, the transfer of the officer under subsection 50DAA (7) of the Act takes effect when the cancellation of the promotion takes effect.
(7) In relation to a non-appellable promotion, the day for the purposes of subparagraph (a) (i) of the definition of
prescribed day in subsection 33AAA (1) of the Act is the nominal effective day.
(1) For the purposes of paragraphs 50DA (3) (a) and (5) (c) of the Act, the principal relevant staff organisation, in relation to the transfer or promotion of an officer to an office included in a class of offices, is:
(a) where there is only one relevant staff organisation in relation to that office — that organisation; or
(b) in any other case — the relevant staff organisation the membership of which includes the larger or largest number of officers occupying offices of that class.
(2) For the purposes of paragraph 50DA (3) (b) of the Act, in relation to a notice given by a Secretary to a relevant staff organisation of a proposal that a vacancy be filled by a transfer or promotion under section 50DA of the Act, the period of 7 days commencing at the expiration of the day on which that notice is so given is prescribed.
(1) A transfer of an officer under section 50DA of the Act shall be notified in the
Gazette .(2) Where an officer is transferred under section 50DA of the Act and the officer is not entitled to apply, or does not apply, under subsection 52 (1) of the Act for permission to decline the transfer, the transfer takes effect, subject to regulation 110, on:
(a) the nominal effective day; or
(b) the day (if any) indicated in the notice of the transfer given to the officer under subsection 50DA (8) of the Act as the day on which the transfer takes effect (being a day no earlier than the day on which that notice is so given);
whichever is the later.
(3) Where an officer is tranferred under section 50DA of the Act and the officer makes an application under section 52 (1) of the Act for permission to decline the transfer and the Board or the Secretary, as the case requires, notifies the officer that permission is refused, the transfer takes effect, subject to regulation 110, on:
(a) the day on which the officer is so notified;
(b) the nominal effective day; or
(c) the day (if any) indicated in the notice referred to in paragraph (2) (b);
whichever is the latest.
(4) For the purposes of subsection 52 (2) of the Act, in relation to a transfer of an officer under section 50DA of the Act, the period commencing at the time the officer is given notice in writing under subsection 50DA (8) of the Act of the transfer and ending immediately before the nominal effective day is prescribed.
(1) Subject to regulation 110, a section 50DA promotion takes effect on the nominal effective day.
(2) In relation to a promotion of an officer under section 50DA of the Act, the day for the purposes of subparagraph (a) (i) of the definition of“prescribed day” in subsection 33AAA (1) of the Act is the nominal effective day.
(1) For the purposes of paragraph 50DB (3) (b) of the Act, the principal relevant staff organisation, in relation to the transfer or promotion of an officer to an office included in a class of offices, is:
(a) where there is only one relevant staff organisation in relation to that office — that organisation; or
(b) in any other case — the relevant staff organisation the membership of which includes the larger or largest number of officers occupying offices of that class.
(2) For the purposes of paragraph 50DB (4) (c) of the Act, in relation to a notice given by a Secretary to a principal relevant staff organisation of a proposal that a vacant office be filled by a transfer or promotion under section 50DB of the Act, the period of 14 days commencing at the expiration of the day on which that notice is so given is prescribed.
(3) For the purposes of paragraph 50DB (10) (a) of the Act, the period of 14 days commencing at the expiration of the day on which the member ceases to take part in the deliberations of the Committee is prescribed.
(4) For the purposes of paragraph 50DB (11) (a) of the Act, the period of 14 days beginning at the expiration of the day on which the Secretary notifies the principal relevant staff organisation is prescribed.
(1) Where:
(a) an officer is promoted to an office in a Department and that promotion is not one of 2 or more promotions to which regulation 115G applies; and
(b) before the nominal effective day of that promotion, the Secretary of that Department receives from the officer an application in writing for the cancellation under section 50G of the Act of that promotion;
the promotion does not take effect except in accordance with subregulation (2).
(2) Where an officer is notified that an application by the officer under subregulation (1) in relation to a promotion has been refused, that promotion takes effect on the day on which the officer is so notified or, where that promotion would, apart from this regulation, take effect on a day later than the day on which the officer is so notified, on that later day.
(3) Regulations 113, 115A and 115D shall be read subject to this regulation.
(1) In this regulation:
group of multiple promotions means a group of promotions comprising:(a) a promotion, of an officer to an office, that is notified in the
Gazette ; and(b) one or more other promotions of the officer notified in the
Gazette on the day the promotion referred to in paragraph (a) is so notified or on any succeeding day no later than the day immediately preceding the nominal effective day of that promotion, being a promotion or promotions to an office or to offices the classification or the respective classifications of which are the same as or equivalent to the classification of the office referred to in paragraph (a).
relevant day , in relation to a group of multiple promotions, means:(a) if the nominal effective day of each of those promotions is the same — that day; or
(b) in any other case — the nominal effective day that is the later or latest, as the case may be, of the respective nominal effective days of each of those promotions.
(2) Where an officer is promoted to 2 or more offices and those promotions comprise a group of multiple promotions:
(a) none of those promotions takes effect except in accordance with subregulation (13); and
(b) the officer may, by writing, elect to accept one of those promotions.
(3) An election under subregulation (2) relating to a promotion to an office in a Department shall be addressed to the Secretary of that Department.
(4) Where, in relation to one of the promotions referred to in subregulation (2), an election under that subregulation is received by the Secretary to whom it is addressed before the relevant day and immediately before the relevant day that promotion was not an appellable promotion the subject of an appeal, that promotion is the effective promotion.
(5) Where, in relation to one of the promotions referred to in subregulation (2), an election under that subregulation is received by the Secretary to whom it is addressed before the relevant day and immediately before the relevant day that promotion was an appellable promotion the subject of an appeal, the other promotion or promotions referred to in subregulation (2) lapse on the relevant day.
(6) Where no election is made or, if made, is not received by the Secretary before the relevant day in relation to the promotions referred to in subregulation (2), subregulation (7), (8), (9), (10), (11) or (12) applies to those promotions.
(7) Where, immediately before the relevant day referred to in subregulation (6), none of the promotions referred to in subregulation (2) was an appellable promotion the subject of an appeal and one such promotion was notified earlier than the other promotions, that promotion is the effective promotion.
(8) Where, immediately before the relevant day referred to in subregulation (6), none of the promotions referred to in subregulation (2) was an appellable promotion the subject of an appeal and 2 or more such promotions were notified at one time and the other or others were notified at a later time or times, whichever of those earlier or earliest promotions to be notified is nominated by the Board for the purposes of this subregulation is the effective promotion.
(9) Where, immediately before the relevant day referred to in subregulation (6), none of the promotions referred to in subregulation (2) was an appellable promotion the subject of an appeal and those promotions were notified at the same time, whichever of those promotions is nominated by the Board for the purposes of this subregulation is the effective promotion.
(10) Where, immediately before the relevant day referred to in subregulation (6):
(a) one of the promotions referred to in subregulation (2) was an appellable promotion but was not the subject of an appeal and the other promotion or promotions were so subject; or
(b) one of the promotions referred to in subregulation (2) was a section 50DA promotion and the other promotion or promotions was or were appellable promotions the subject of an appeal;
the appellable promotion that was not the subject of an appeal or the section 50DA promotion, as the case may be, is the effective promotion.
(11) Where, immediately before the relevant day referred to in subregulation (6), the promotions referred to in subregulation (2) were the subject of appeals, the promotion or promotions other than:
(a) the promotion notified first;
(b) where those promotions were notified at the same time — the promotion nominated by the Board for the purposes of this paragraph; or
(c) where those promotions comprised more than 2 and 2 or more of them were the earlier or earliest to be notified — whichever of those earlier or earliest promotions to be notified is nominated by the Board for the purposes of this paragraph;
lapse on the relevant day.
(12) Where none of subregulations (7), (8), (9), (10) and (11) apply to the promotions referred to in subregulation (2), the promotion (not being a promotion the subject of an appeal) nominated by the Board for the purposes of this subregulation is the effective promotion.
(13) For the purposes of subregulations (4), (5), (7), (8), (9), (10), (11) and (12):
(a) where one of 2 or more promotions is the effective promotion:
(i) that promotion takes effect, subject to regulation 110, on the relevant day; and
(ii) the other promotion or promotions lapse on the relevant day; and
(b) the promotion referred to in subregulation (5) or in a paragraph of subregulation (11) that does not lapse shall take effect in accordance with subregulation 113 (1).
(14) Regulations 113, 115A and 115D shall be read subject to this regulation.
(1) In this regulation, “
group of multiple promotions” has the same meaning as in regulation 115G.(2) Where by virtue of 2 or more promotions under section 50 or 50DA of the Act, or both, none of which are included in a group of multiple promotions:
(a) an officer is promoted to more than one office; and
(b) but for this regulation the promotions would, in accordance with regulation 113, 115A or 115D, take effect on the same day;
then:
(c) in the case of promotions both or all of which are promotions to offices the classifications of which are the same or equal — the earlier or earliest of those promotions to be notified takes effect on that day and the other promotion or promotions lapse;
(d) in the case of promotions that comprise promotions to offices the classification of one of which (in this paragraph referred to as
“the relevant office” ) is higher than the classification of the office, or the respective classifications of the offices, to which the other promotion or promotions relate — the promotion to the relevant office takes effect on that day and the other promotion or promotions lapse on that day.
(3) Regulations 113, 115A and 115D shall be read subject to this regulation.
(1) In this Division, unless the contrary intention appears:
appellable promotion has the same meaning as in Division 4.direction means a direction under subregulation 116A (2).notified , in relation to a direction, means notified in accordance with subregulation 116B (2).office means an office other than:(a) an office of Secretary; or
(b) a Senior Executive Service office.
specified , in relation to a direction means specified in that direction.(2) In these regulations, a reference to the efficiency of an officer includes, in the case of an officer who is a returned soldier or who is or has been absent on specified defence service, such efficiency as, in the opinion of the Secretary or the Promotion Appeal Committee, as the case requires, the officer would have had but for the absence of the officer on active service or on specified defence service.
(1) In this regulation:
efficiency , in relation to an officer being considered by a Secretary for selection for a direction to perform duties of an office, means:(a) the abilities, qualifications, experience, standard of work performance and personal qualities of the officer, to the extent that the Secretary considers that those matters are relevant to the performance of duties of the office; and
(b) the potential of the officer for further career development in the Service, and the ability of the 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 for that direction.
(2) The Secretary of a Department may give a direction in writing to an officer to perform temporarily the whole, or a specified part, of the duties of an office in that Department.
(3) A direction, other than a direction required to be notified, takes effect on the day it is given or, where a later day is specified, on that later day.
(4) A direction shall be expressed to continue in force:
(a) until the expiration of a specified day; or
(b) until the occurrence of a specified event;
and, subject to subregulation (9), shall cease to have effect accordingly.
(5) A direction shall not be expressed to operate “until further notice” or to that effect.
(6) In selecting an officer for a direction to perform duties of a higher office, the Secretary of a Department shall have regard to:
(a) the efficiency of the officer;
(b) the relative importance to the Department of performance of those duties and of performance of the other work of the Department;
(c) the duration of the period during which those duties are to be performed by that officer;
(d) the costs expected to be associated with the performance of those duties by that officer; and
(e) the need for officers to gain experience in the performance of those duties.
(7) Notwithstanding subregulation (2), a Secretary of a Department shall not give a direction to an officer in another Department without the approval of the Secretary of that other Department or the Board.
(8) A Secretary of a Department may, under subregulation (7), withhold his or her approval of a direction to perform duties where the Secretary considers that the performance of those duties by that officer would cause substantial difficulties or inefficiencies in the management or functioning of that Department.
(9) Where an officer is given a direction to perform duties of an office in a Department, the Secretary of the Department may, by writing:
(a) revoke the direction at any time; or
(b) vary the direction at any time by requiring the officer not to perform, or to cease performing, part of those duties after that time.
(1) This regulation applies to a direction to perform duties of an office any promotion to which under section 50 of the Act would be an appellable promotion.
(2) Where a Secretary of a Department gives a direction to an officer to perform duties of a higher office to which this regulation applies and the direction is expressed to continue in force:
(a) until the expiration of a day such that if the direction took effect and continued in force according to its terms, the officer would:
(i) in accordance with that direction; or
(ii) in accordance with that direction and any such previous direction or directions;
have performed duties of that office for a continuous period exceeding 12 months; or
(b) until the occurrence of a specified event;
the Secretary shall, as soon as practicable, cause the direction to be notified in accordance with subregulation (3).
(3) For the purposes of subregulation (2), a direction shall be notified by means of a notice:
(a) that reproduces the terms of the direction or otherwise indicates:
(i) the office to which the direction relates and, where the direction relates to part only of the duties of that office, that part;
(ii) the day (if any) on which the direction is expressed to take effect;
(iii) the day until the expiration of which, or the event until the occurrence of which, the direction is expressed to continue in force; and
(iv) the name and classification of the officer to whom the direction has been given; and
(b) that is circulated in or displayed at a locality or localities in a manner likely to bring it to the attention of officers stationed in that locality or those localities, as the case may be.
(4) A direction required to be notified in accordance with subregulation (3) takes effect on the day on which it is first so notified or, where a later day is specified, on that later day.
(1) In this regulation,
notice of appeal means a notice referred to in paragraph (6) (a).(2) Subject to subregulations (3) and (6), where an officer is given a direction referred to in subregulation 116B (2), the selection of that officer for that direction is subject to appeal.
(3) An appeal under subregulation (2) against the selection of an officer for a direction to perform duties of an office may be made only:
(a) by an officer in relation to whom the office is a higher office; and
(b) on the ground that the appellant would perform the duties with superior efficiency.
(4) Where an appeal is or appeals are made under subregulation (2) in respect of the selection of an officer for a direction to perform duties of an office, the Promotion Appeal Committee shall form an opinion as to the most efficient of the officers concerned, namely the officer directed to perform the duties and the officer or officers who has or have appealed.
(5) For the purpose of forming an opinion as to the most efficient of the officers concerned, the Promotion Appeal 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 duties of the office; and
(b) if and only if the Secretary who made the selection has indicated that, for the purpose of making that selection, 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.
(6) An appeal under subregulation (2) against the selection of an officer for a direction:
(a) shall be by notice in writing addressed to the Agency; and
(b) shall be made by delivering the notice of appeal in respect of that direction to the relevant address before the relevant time on the fourteenth day after the first day of notification of that direction in accordance with subregulation 116B (3).
(7) For the purposes of subregulation (6):
(a) the relevant address; and
(b) the relevant time;
in relation to the delivery of a notice of appeal in respect of an appeal against the selection of an officer for a direction to perform the duties of an office, are the relevant address and the relevant time, respectively, determined by the Agency by notice published in the
Gazette , in respect of appeals of that type relating to that office or to a class of offices specified in the notice that includes that office.(8) A determination under subregulation (7):
(a) may describe an office by reference to its location in a State, Territory or other place (whether within or outside Australia); and
(b) may specify a relevant time in respect of appeals relating to an office located in one place that differs from the time so specified in respect of appeals relating to an office located in another place or places.
(1) An appeal under subregulation 116C (2) against the selection of an officer for a direction to perform duties of an office for a period (in this subregulation referred to as
the period of acting ) shall lapse if:(a) the appellant advises the Agency in writing that he or she does not intend to proceed with the appeal;
(b) the period of acting has expired;
(c) the appellant ceases to be an officer;
(d) the direction is revoked in respect of all of the duties to which it relates;
(e) the officer directed to perform those duties ceases to be an officer;
(f) the appellant has been promoted to an office of a classification equal to or higher than the classification of the office to which the direction relates and the promotion has taken effect; or
(g) the Secretary of a Department affected by the appeal advises the Agency that performance of those duties by the appellant would cause substantial difficulties or inefficiencies in the management or functioning of the Department.
(2) For the purposes of subregulation (1), a Department is affected by an appeal where the appeal is made by an officer of that Department or relates to an office in that Department.
(3) Advice referred to in paragraph (1) (g) that is given in relation to an appeal by an officer does not affect any other appeal by the officer.
(1) Where an appeal under subregulation 116C (2) against the selection of an officer for a direction to perform duties of an office in a Department is allowed by a Promotion Appeal Committee and the period for which those duties are to be performed has not expired, the Secretary of the Department shall, as soon as practicable after being advised by the Committee of its decision:
(a) revoke the direction; and
(b) give a direction to the successful appellant to perform those duties;
and the direction referred to in paragraph (b) shall be regarded as replacing the direction referred to in paragraph (a).
(2) A direction referred to in paragraph (1) (b):
(a) shall be expressed to continue in force until the expiration of the day or the occurrence of the event, as the case may be, specified in the direction it replaces;
(b) takes effect as soon as it is given;
(c) is not subject to appeal; and
(d) shall be deemed, for the purposes of these regulations (other than subregulations 116A (1) to (8) (inclusive) and regulations 116B, 116C and 116D), to be given under regulation 116A.
(1) An officer of a Department who is stationed in a locality that is remote or where climatic conditions are severe may apply in writing to the Secretary of the Department to be transferred from that locality.
(2) In considering matters relevant to the selection of an officer to occupy a vacant office in a Department, the Secretary of the Department shall give special consideration:
(a) to any application under subregulation (1) by an officer of the Department:
(i) who is eligible to occupy that office; and
(ii) who occupies an office of the same, an equal or a higher classification; and
(b) to the duration of the period during which that officer has been stationed in the locality referred to in that subregulation.
(1) For the purposes of paragraph 76L (5) (a) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the giving of a notice to the officer under subsection 76L (3) of the Act, the period prescribed is the period of 14 days commencing on the day on which the notice is given by the Board to the officer.
(1A) For the purposes of subsection 76L (7) of the Act, a notice under subsection 76L (3) of the Act to an officer who has, under subsection 76L (3A) of the Act, consented to the giving of the notice takes effect on any day specified in the notice and agreed between the officer and the Board, being a day no earlier than the day on which the notice is given to the officer.
(1B) For the purposes of subsection 76L (7) of the Act, a notice given to an officer under subsection 76L (3) other than a notice referred to in subregulation (1A) takes effect:
(a) on the day specified in the notice as the day on which that notice takes effect being a day not earlier than the expiration of the period prescribed by subregulation (1);
(b) where the officer appeals against the giving of that notice and withdraws that appeal after the expiration of the period prescribed by subregulation (1) before the Appeal Committee determines that appeal under section 76M — on the day on which that appeal is withdrawn; or
(c) where the officer appeals against the giving of that notice and the Appeal Committee confirms the notice — on the day on which that notice is confirmed;
whichever occurs last.
(2) For the purposes of subsection 76M (3) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the giving to the officer of a notice under subsection 76L (3) of the Act, the period prescribed is the period of 14 days commencing on the day on which the notice is given by the Board to the officer.
rep. 1971 No. 175 | ||
The Third Schedule.............. | ad. 1939 No. 62 | |
rs. 1942 No. 320 | ||
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rs. 1951 No. 77 | ||
rep. 1952 No. 19 | ||
Third Schedule...................... | ad. 1953 No. 47 | |
am. 1961 No. 83; 1971 No. 69; 1974 No. 15 | ||
rep. 1981 No. 35 | ||
The Fourth Schedule............ | ad. 1939 No. 62 | |
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rs. 1942 No. 320 | ||
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rs. 1948 No. 158 | ||
am. 1949 No. 98; 1950 No. 88 | ||
rs. 1951 Nos. 13 and 77; 1952 No. 51 | ||
am. 1952 No. 94; 1953 No. 2 | ||
rep. 1953 No. 47 | ||
Fourth Schedule.................... | ad. 1955 No. 67 | |
am. 1956 No. 49; 1957 No. 58 | ||
rs. 1959 No. 11 | ||
am. 1959 No. 99 | ||
rep. 1961 No. 68 | ||
ad. 1963 No. 20 | ||
am. 1963 Nos. 33, 41, 42, 82, 86, 152 and 153 | ||
rs. 1964 No. 40 | ||
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rs. 1965 No. 23 | ||
am. 1965 Nos. 48, 71 and 75 | ||
rs. 1965 No. 149 | ||
am. 1965 No. 172; 1966 No. 1 | ||
rs. 1966 No. 43 | ||
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rs. 1967 No. 37 | ||
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rep. 1971 No. 175 | ||
Fifth Schedule........................ | ad. 1950 No. 88 | |
rep. 1951 No. 13 | ||
The Fifth Schedule................ | ad. 1951 No. 13 | |
rs. 1951 No. 77; 1952 No. 19 | ||
am. 1952 No. 51; 1953 No. 2 | ||
rep. 1953 No. 47 | ||
Fifth Schedule........................ | ad. 1963 No. 59 | |
rep. 1963 No. 65 | ||
ad. 1966 No. 43 | ||
am. 1966 Nos. 112 and 136; 1967 No. 7 | ||
rs. 1967 No. 37 | ||
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rep. 1971 No. 175 | ||
Schedule 5............................. | ad. 1984 No. 471 | |
rep. 1987 No. 90 | ||
Sixth Schedule....................... | ad. 1953 No. 20 | |
rep. 1953 No. 47 | ||
Schedule 6............................. | ad. 1984 No. 471 | |
rep. 1987 No. 90 | ||
The
amendment history of the
am. = amended rep. = repealed rs. = repealed and substituted | ||
R. 1......................................... | am. 1951 No. 13 | |
rs. 1999 No.111 | ||
R. 3.......................................... |
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R. 4......................................... | rep. 1998 No. 23 | |
Part 1A (rr. 4–13)................. | ad. 1998 No. 23 | |
Heading to Div. 1.................. of Part 1A | rs. 1999 No. 111 | |
R. 4......................................... | ad. 1998 No. 23 | |
R. 4A...................................... | ad. 1999 No. 111 | |
Rr. 5–13................................. | ad. 1998 No. 23 | |
Heading to Div. I.................... of Part II | rs. 1998 No. 23 | |
R. 7......................................... | am. 1983 No. 119 | |
Renumbered r. 14................ | 1998 No. 23 | |
R. 8......................................... | am. 1983 No. 119 | |
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Rr. 8A, 8B.............................. | ad. 1987 No. 137 | |
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R. 9......................................... | am. 1974 No. 15 | |
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Renumbered r. 15................ | 1998 No. 23 | |
R. 10....................................... | am. 1962 No. 84; 1983 No. 30 | |
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Renumbered r. 16................ | 1998 No. 23 | |
R. 13....................................... | rs. 1962 No. 84 | |
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R. 15....................................... | rs. 1998 No. 48 | |
R. 18....................................... | am. 1984 No. 142 | |
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R. 23....................................... | am. 1984 No. 142; 1987 No. 38 | |
R. 29....................................... | am. 1984 No. 142; 1987 No. 38 | |
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R. 30....................................... | am. 1987 No. 38 | |
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R. 35....................................... | am. 1959 No. 99; 1987 No. 38 | |
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R. 36....................................... | rep. 1998 No. 23 | |
R. 37....................................... | am. 1974 No. 15 | |
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R. 38....................................... | rep. 1998 No. 23 | |
R. 39....................................... | rs. 1986 No. 369 | |
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R. 41....................................... | am. 1992 No. 65 | |
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R. 42....................................... | am. 1974 No. 15 | |
rep. 1998 No. 23 | ||
R. 44....................................... | am. 1987 No. 38 | |
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Div. 1A of Part II .................. (r. 45) | ad. 1994 No. 147 | |
R. 45....................................... | am. 1957 No. 58; 1974 No. 15 | |
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| ad. 1994 No. 147 | |
R. 46....................................... | am. 1981 No. 35; 1987 No. 38 | |
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R. 47........................................ |
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R. 48....................................... | am. 1963 No. 22; 1966 No. 16 | |
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R. 49....................................... | am. 1947 No. 147; 1961 No. 69 | |
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R. 50....................................... | am. 1944 No. 138; 1947 Nos. 2 and 147; 1950 No. 100; 1952 No. 19; 1954 No. 12; 1966 No. 165 | |
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R. 51....................................... | rs. 1936 No. 143; 1939 No. 105; 1940 No. 23; 1941 No. 127; 1954 No. 12 | |
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Heading to Div. 2................... of Part II | ad. 1992 No. 65 | |
rep. 1998 No. 23 | ||
| rep. 1998 No. 23 | |
R. 53....................................... | rs. 1981 No. 35 | |
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R. 54....................................... | am. 1943 No. 271; 1977 No. 195; 1987 No. 38 | |
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R. 55....................................... | am. 1961 No. 68; 1985 No. 208 | |
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R. 56....................................... | am. 1974 No. 15; 1984 No. 234; 1985 No. 177 | |
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R. 57........................................ |
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R. 58A.................................... | am. 1974 No. 15; 1987 No. 38 | |
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R. 60........................................ |
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Division III of Part II.............. (rr. 65, 70) | rep. 1998 No. 23 | |
R. 65....................................... | am. 1987 No. 38 | |
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R. 70........................................ |
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| ad. 1984 No. 140 | |
R. 70AA................................. | ad. 1986 No. 133 | |
rep. 1999 No. 182 | ||
R. 70AC................................. | ad. 1986 No. 131 | |
R. 70A.................................... | ad. 1986 No. 130 | |
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R. 70B.................................... | ad. 1986 No. 130 | |
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R. 70C.................................... | ad. 1986 No. 130 | |
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R. 70D.................................... | ad. 1986 No. 132 | |
R. 71........................................ |
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R. 71A.................................... | ad. 1938 No. 110 | |
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R. 71AA................................. | ad. 1993 No. 196 | |
R. 71B.................................... | ad. 1984 No. 468 | |
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R. 72B.................................... | ad. 1946 No. 68 | |
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R. 72C.................................... | ad. 1946 No. 68 | |
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rep. 1998 No. 23 | ||
R. 72CA................................. | ad. 1975 No. 212 | |
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R. 72D.................................... | ad. 1946 No. 68 | |
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R. 72E.................................... | ad. 1946 No. 68 | |
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Rr. 72F, 72G......................... | ad. 1946 No. 68 | |
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R. 72H.................................... | ad. 1946 No. 68 | |
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Rr. 72J, 72K.......................... | ad. 1946 No. 68 | |
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R. 72P.................................... | ad. 1946 No. 68 | |
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R. 72Q.................................... | ad. 1984 No. 470 | |
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R. 73....................................... | rep. 1998 No. 23 | |
R. 74....................................... | am. 1983 No. 30; 1984 No. 142 | |
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R. 74B.................................... | rep. 1998 No. 23 | |
R. 74C.................................... | am. 1974 No. 15; 1981 No. 350 | |
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R. 74D.................................... | ad. 1947 No. 123 | |
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R. 74E.................................... | ad. 1950 No. 100 | |
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| ad. 1985 No. 298 | |
R. 75........................................ |
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R. 76........................................ |
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R. 77....................................... | rs. 1963 No. 55 | |
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R. 78....................................... | am. 1973 No. 184 | |
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R. 79....................................... | rep. 1963 No. 22 | |
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R. 80....................................... | rs. 1964 No. 53 | |
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R. 81....................................... | am. 1947 No. 147 | |
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R. 82....................................... | ad. 1977 No. 212 | |
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R. 83....................................... | am. 1947 No. 147; 1954 No. 12 | |
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R. 84........................................ |
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R. 85....................................... | rep. 1951 No. 77 | |
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R. 86....................................... | rep. 1941 No. 158 | |
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| rep. 1998 No. 23 | |
Heading to Part IV................ | ad. 1985 No. 298 | |
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R. 91....................................... | am. 1947 No. 122; 1957 No. 58; 1966 No. 43 | |
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R. 92....................................... | rs. 1950 No. 100 | |
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R. 93....................................... | rs. 1965 No. 12 | |
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R. 94....................................... | am. 1950 No. 100; 1966 No. 43 | |
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R. 95........................................ |
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R. 96....................................... | rs. 1951 No. 77 | |
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R. 97....................................... | am. 1947 No. 147; 1969 No. 120; 1973 No. 184 | |
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R. 100..................................... | am. 1987 No. 38 | |
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R. 103C.................................. | ad. 1968 No. 12 | |
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Heading to Part V................. | rs. 1984 No. 471 | |
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Part V .................................... (rr. 105, 105A, 105B) | ad. 1984 No. 272 | |
Heading to Div. 1 of............. Part V | ad. 1984 No. 471 | |
R. 104..................................... | ad. 1984 No. 471 | |
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Heading to Div. 2 of.............. Part V | ad. 1984 No. 471 am. 1987 No. 90 | |
R. 105..................................... | am. 1937 Nos. 74 and 103; 1938 No. 35 | |
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R. 106...................................... |
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Rr. 106B–106D..................... | ad. 1991 No. 477 | |
R. 107...................................... |
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Div. 3 of Part V (r. 108)....... | ad. 1986 No. 256 | |
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R. 108...................................... |
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Heading to Div. 4 of ............. Part V | ad. 1984 No. 471 | |
| ad. 1987 No. 90 | |
R. 109...................................... |
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Rr. 110, 111.......................... | ad. 1987 No. 90 | |
R. 112..................................... | ad. 1987 No. 90 | |
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Rr. 113–115.......................... | ad. 1987 No. 90 | |
Rr. 115A–115H..................... | ad. 1987 No. 90 | |
Heading to Div. 5 of.............. Part V | ad. 1984 No. 471 rs. 1986 No. 256 | |
| ad. 1987 No. 90 | |
R. 116...................................... |
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R. 116A.................................. | ad. 1984 No. 471 | |
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R. 116B.................................. | ad. 1984 No. 471 | |
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R. 116C.................................. | ad. 1987 No. 90 | |
R. 116D.................................. | ad. 1987 No. 90 | |
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R. 116E.................................. | ad. 1987 No. 90 | |
Heading to Div. 6 of.............. Part V | ad. 1984 No. 471 | |
R. 117..................................... | am. 1983 No. 30; 1984 No. 142 | |
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Heading to Part VI................ | rs. 1987 No. 157 | |
| ad. 1984 No. 471 | |
Rr. 119, 120.......................... | ad. 1984 No. 471 | |
Heading to Div. 1 of.............. Part VI | ad. 1987 No. 157 | |
R. 120...................................... |
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| ad. 1987 No. 157 | |
R. 120A.................................. | ad. 1987 No. 157 | |
R. 120B.................................. | ad. 1987 No. 157 | |
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Rr. 120C, 120D..................... | ad. 1987 No. 157 | |
Div. 3 of Part VI ................... (r. 120E) | ad. 1987 No. 180 | |
R. 120E.................................. | ad. 1976 No. 302 | |
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Heading to Part VIII............. | am. 1984 No. 469 | |
R. 121..................................... | am. 1978 No. 84 | |
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R. 122..................................... | rs. 1982 No. 61 | |
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R. 125..................................... | am. 1968 No. 55; 1978 No. 84 | |
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R. 138..................................... | am. 1984 No. 469; 1987 No. 38 | |
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| ad. 1981 No. 34 | |
R. 139..................................... | am. 1953 No. 20 | |
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Rr. 140, 141.......................... | rs. 1981 No. 34 | |
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R. 145..................................... | rs. 1981 No. 34 | |
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Rr. 148, 149.......................... | rs. 1981 No. 34 | |
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R. 151..................................... | rs. 1981 No. 34 | |
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R. 152..................................... | rs. 1981 No. 34 | |
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R. 153..................................... | ad. 1981 No. 34 | |
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R. 154..................................... | ad. 1981 No. 34 | |
R. 156..................................... | ad. 1981 No. 34 | |
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R. 157..................................... | ad. 1981 No. 34 | |
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R. 158..................................... | ad. 1981 No. 34 | |
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R. 159..................................... | ad. 1981 No. 34 | |
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R. 160..................................... | ad. 1981 No. 34 | |
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Heading to Part X................. | am. 1984 No. 469 | |
| ad. 1981 No. 34 | |
R. 161..................................... | ad. 1981 No. 34 | |
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R. 162..................................... | ad. 1981 No. 34 | |
R. 163..................................... | ad. 1981 No. 34 | |
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R. 164..................................... | ad. 1981 No. 34 | |
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R. 164A.................................. | ad. 1995 No. 379 | |
R. 165..................................... | ad. 1981 No. 34 | |
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R. 166..................................... | ad. 1981 No. 34 | |
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R. 167..................................... | ad. 1981 No. 34 | |
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R. 168..................................... | ad. 1981 No. 34 | |
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| ad. 1981 No. 35 | |
R. 169..................................... | rep. 1955 No. 67 | |
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R. 169A.................................. | ad. 1994 No. 292 | |
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rs. 1999 No. 183 | ||
R. 170...................................... |
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R. 171..................................... | rep. 1955 No. 67 | |
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R. 171AA............................... | ad. 1984 No. 436 | |
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R. 171A.................................. | ad. 1984 No. 253 | |
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R. 172..................................... | rep. 1955 No. 67 | |
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R. 173..................................... | rep. 1955 No. 67 | |
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R. 174..................................... | am. 1935 No. 44; 1941 No. 191 | |
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R. 175..................................... | am. 1947 No. 147 | |
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R. 176..................................... | am. 1947 No. 147 | |
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R. 176A.................................. | ad. 1986 No. 314 | |
R. 177..................................... | am. 1947 No. 147 | |
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| ad. 1998 No. 23 | |
R. 178..................................... | ad. 1998 No. 23 | |
Schedule 1............................ | ad. 1981 No. 35 | |
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Schedule 1AA....................... | ad. 1986 No. 133 | |
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Schedules 1A–1C................ | ad. 1986 No. 130 | |
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Schedules 1D, 1E................ | ad. 1987 No. 157 | |
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Schedule 1F.......................... | ad. 1987 No. 180 | |
Schedule 1G......................... | ad. 1994 No. 292 | |
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Schedule 2............................ | ad. 1981 No. 35 | |
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Schedule 3............................ | ad. 1981 No. 35 | |
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rs. 1998 No. 23; 1999 No. 183 | ||
Schedule 3A.......................... | ad. 1985 No. 108 | |
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Schedule 3B.......................... | ad. 1985 No. 108 | |
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Schedule 3C......................... | ad. 1989 No. 179 | |
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Schedule 4............................ | ad. 1981 No. 35 | |
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Schedule 5............................ | ad. 1995 No. 379 | |
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