Public Service Regulations (Amendment) (Cth)

STATUTORY RULES.

1959. No. 11.

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1958.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1958, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this thirteenth day of February, 1959.

W. E. DUNK

Chairman.

K. E. GRAINGER

Commissioner.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this twentieth day of February, 1959.

W. J. SLIM

Governor-General.

By His Excellency's Command,

A. R. DOWNER

for and on behalf of the Prime Minister.

AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS. 

1. Regulations 24 and 25 of the Public Service Regulations are repealed and the following regulations inserted in their stead:—

Record of punishments.

"24.—(1.) Where a punishment is imposed on an officer under section 55, section 56 or section 62 of the Act, the Chief Officer shall cause a record of that punishment to be made in the official conduct record of the officer.

* Notified in the Commonwealth Gazette on 26th February, 1959.

  Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74. 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; 1942, Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943, Nos. 271, 272 and 301; 1944, Nos. 6, 132, 138 and 143; 1945, Nos. 15, 35, 115, 118 and 124; 1946, Nos. 22, 68, 120, 124 and 153; 1947, Nos. 1, 2, 122, 123, 134, 146, 147, 158 and 163; 1948, Nos. 32, 49, 68, 71, 97, 149, 157 and 158; 1949, Nos. 1, 81, 84 and 98; 1950, Nos. 73, 88, 99 and 100; 1951, Nos. 13, 33, 77 and 101; 1952, Nos. 9, 19, 51 and 94; 1953, Nos. 2, 20, 47, 51, 70 and 93; 1954, Nos. 12, 57, 94, 103 and 126; 1955, Nos. 43, 48 and 67; 1956, Nos. 48, 49, 50 and 133; 1957, Nos. 22 and 58; and 1958, Nos. 37 and 57.

6915/57.—PRICE 5D.

"(2.) Where an officer is promoted or transferred from one Department to another Department, the appropriate officer of the Department from which the officer is promoted or transferred shall transmit the official conduct record of the officer to the appropriate officer of the Department to which the officer is promoted or transferred and that record shall be maintained in accordance with the provisions of this regulation.

"(3.) The record of a punishment imposed on an officer under subsection (2.) of section 55 of the Act shall be kept for a period of two years after the date of the imposition of the punishment, and upon the expiration of that period the Chief Officer shall cause the record of that punishment to be destroyed.

"(4.) Subject to the next succeeding sub-regulation, the record of a punishment imposed on an officer under sub-section (3.) of section 55 or under section 56 or section 62 of the Act shall be kept for a period of ten years after the date of the imposition of the punishment, and upon the expiration of that period the Chief Officer shall cause the record of that punishment to be destroyed.

"(5.) If, within the period of ten years after the date of the imposition of a punishment on an officer under sub-section (3.) of section 55 or under section 56 or section 62 of the Act—

(a) a further punishment is imposed on the officer under the provisions of that sub-section or one of those sections; or

(b) a punishment is imposed on the officer under sub-section (2.) of section 55 of the Act and the record of the last-mentioned punishment remains in the officer's official conduct record at the expiration of that period,

the record of the first-mentioned punishment shall be kept until the record of the subsequent punishment is destroyed in accordance with sub-regulation (3.) or sub-regulation (4.) of this regulation, as the case may be.

"(6.) Whenever the record of a punishment is destroyed in accordance with this regulation, the Chief Officer shall notify the Board and the Board shall cause its record of that punishment to be destroyed or expunged from the records maintained by the Board.

"(7.) Where by way of punishment an officer is dismissed from the Service or reduced to a lower Division, class, or position and salary, or his salary is reduced, the provisions of this regulation do not operate so as to require the expunging of the record of the fact of the dismissal or reduction from any records kept in relation to the officer other than his official conduct record.

"(8.) The provisions of this regulation apply to and in relation to any punishment imposed on an officer under section 55, section 56 or section 62 of this Act before the commencement of this regulation and, where the period prescribed by this regulation for the keeping of the record of such a punishment has expired at the date of that commencement, that record shall be destroyed forthwith.

Definition of punishment

"25. For the purposes of the last two preceding regulations, a punishment in respect of which an officer may appeal shall not be deemed to have been imposed on the officer until—

(a) the period within which the officer may appeal has elapsed without an appeal having been made by the officer; or

(b) where the officer has appealed—the appeal has been determined, and the punishment imposed on an officer who has appealed is the punishment to which he is subject after determination of the appeal.".

2. Part XI. of the Public Service Regulations is repealed and the following Part inserted in its stead:—

"PART XI.—APPOINTMENT OF RETURNED SOLDIERS.

Prescribed public examinations—returned soldiers.

"153.—(1.) For the purposes of paragraph (a) of sub-section (1.) of section 84 of the Act, each of the following examinations is a prescribed public examination:—

(a) an examination specified in the second column of the Fourth Schedule of these Regulations conducted by the University or other public examining body specified in the first column of that Schedule opposite to that Examination;

(b) an examination, other than an examination specified in the Fourth Schedule to these Regulations, conducted by a University or other public examining body in—

(i) the Commonwealth of Australia;

(ii) The United Kingdom of Great Britain and Northern Ireland;

(iii) The Dominion of Canada;

(iv) The Dominion of New Zealand;

(v) the Union of South Africa,

the passing of which qualifies a person for admission to a University for a degree course; or

(c) the examination or the possession of educational qualifications that a University in Australia has certified to be a qualification for matriculation for a degree course at that University.

"(2.) For the purposes of paragraph (b) of sub-section (1.) of section 84 of the Act—

(a) the Intermediate Certificate Examination conducted by the Department of Education of the State of New South Wales; and

(b) the Junior Public Examination conducted by the University of Queensland,

are prescribed public examinations.

"(3.) For the purposes of paragraph (b) of sub-section (1.) of section 84 of the Act a returned soldier is required to have passed, in the same year, in any four or more of the subjects of an examination referred to in the last preceding sub-regulation.".

Fourth Schedule,

3. The Fourth Schedule to the Public Service Regulations is repealed and the following Schedule inserted in its stead:—

FOURTH SCHEDULE. Regulation 153.

PRESCRIBED EXAMINATIONS FOR PURPOSE OF SECTION 84 (1.) (a) OF THE ACT.

First Column.	Second Column.
University or Public Examining Body.	Examination.
University of Sydney...........................................	Matriculation
	Senior Public
	Junior Public
Department of Education, New South Wales.........	Leaving Certificate
	Commercial Certificate
	Diploma Preparatory Stage I.
	Diploma Preparatory Stage II.
	Diploma Preparatory Stage III.
	Diploma Entrance
Department of Technical Education, New South Wales	Certificate Entrance
	Certificate Entrance (Deferred)
	Qualifying and Matriculation Stage I.
	Qualifying and Matriculation Stage II.
	Qualifying
	Qualifying (Deferred)
University of Melbourne......................................	Matriculation
	Senior Public
	Senior Commercial
	Junior Public
	Intermediate Certificate
	Leaving Certificate
Department of Education, Victoria.......................	Teacher's Certificate, Second Class
	The Victorian Intermediate Technical Certificate held in 1945 and subsequent years
University of Queensland....................................	Scholarship
	Senior Public
Department of Education, Queensland..................	Examination for appointment as Pupil Teacher, 3rd Class
	Examination for appointment as School Teacher, 3rd Class
University of Adelaide.........................................	Higher
	Senior Public
	Senior Commercial
	Junior Public
	Junior Commercial
	Leaving Honours
	Leaving
	Leaving Commercial
	Intermediate
University of Western Australia...........................	Leaving Certificate
	Commercial Leaving Certificate
	Junior Certificate
	Commercial Junior Certificate
University of Tasmania.......................................	Senior Public
	Matriculation
	Leaving
	Junior Public
	Intermediate
	Intermediate (Technical)
Schools' Board of Tasmania.................................	School Certificate
Associated Public Schools of Tasmania................	School Certificate
Cambridge University.........................................	Cambridge Junior Local
	The School Certificate
	The Higher School Certificate
Chartered Institute of Secretaries, London.............	Final Examination

FOURTH SCHEDULE—continued.

First Column.	Second Column.
University or Public Examining Body.	Examination.
Education Department, Scotland..........................	Intermediate Certificate
	Leaving Certificate
The Educational Institute of Scotland...................	All Examinations
Oxford University...............................................	Oxford University Junior Local
	Oxford School Certificate
University of London..........................................	University of London General School Examination Certificate
Intermediate Education Board of Ireland..............	Northern Ireland Secondary School Certificate, Junior Grade
Civil Service of the Cape of Good Hope...............	Examinations held under the Civil Service and Pensions Funds Act 1895 where the candidate is ranked in the First Class
Department of Defence.......................................	Examination for appointment as Military Staff Clerk
	Examination for appointment as Paymaster's Clerk
	Examination for entrance to Royal Military College of Australia
Department of the Army......................................	Army First Class Certificate of Education passed after the thirty-first day of December, 1950
	Examination for Entrance to Royal Military College of Australia
Royal Australian Navy........................................	Higher Education Tests Certificate
	Examination on Passing Out, Royal Naval College
Public Service Board, New South Wales..............	Examination for appointment to the Clerical Division other than to positions of Shorthand Writer and Typist or Typist
Forestry Commission, Victoria............................	Final Examination of the School of Forestry
Dookie Agricultural College................................	Second Year Certificate
	Dookie Diploma in Agriculture
Hawkesbury Agricultural College........................	Diploma in Agriculture
	Diploma in Horticulture
	Diploma in Dairying
	Diploma in Food Technology
Longeronong Agricultural College.......................	Certificate of Competency
	Longeronong Diploma in Agriculture
Muresk Agricultural College, Western Australia...	Muresk Diploma in Agriculture
Queensland Agricultural College, Lawes..............	Diploma in Agriculture
Roseworthy Agricultural College.........................	Diploma in Agriculture
Wagga Agricultural College................................	Diploma in Agriculture
	Diploma in Horticulture
	Diploma in Dairying
	Diploma in Food Technology
Pharmacy Board, Victoria...................................	Preliminary Examination
Public Service Commission, Queensland..............	Examination for appointment to the ordinary or classified Division
Public Service Commissioner, South Australia......	Examinations for appointment
Public Service Commissioner, Western Australia..	Examinations for appointment as Clerk in Classes G and F
Public Service Commissioner, Tasmania..............	Examination for appointment as Clerk
Association of Accountants of Australia (Incorporated)	Final Examination
Australian Society of Accountants .......................	Stage III. Examination
Commonwealth Institute of Accountants ..............	Final Examination
Federal Institute of Accountants ..........................	Final Examination
Institute of Incorporated Accountants of New South Wales	Final Examination

6915/57.—2

FOURTH SCHEDULE—continued.

First Column.	Second Column.
University or Public Examining Body.	Examination.
Institute of Chartered Accountants in Australia.....	Final Examination
International Institute of Accountants (Incorporated)	Final Examination
Public Accountants Registration Board, New South Wales	Final Examination
Commonwealth Practitioners Board.....................	Final Examination for admission as a Barrister and Solicitor
Barristers Admission Board, New South Wales.....	Final Examination for admission as a Barrister
Solicitors Admission Board, New South Wales.....	Final Examination for admission as a Solicitor
Council of Legal Education, Victoria...................	Final Examination for admission as a Barrister and Solicitor
Barristers' Board, Queensland..............................	Final Examination for admission as a Barrister
Board of Examiners for Solicitors, Queensland.....	Final Examination for admission as a Solicitor
Examiners of Articled Clerks, South Australia......	Final Examination for admission as a Barrister and Solicitor
The Barristers' Board, Western Australia..............	Final Examination for admission as a Barrister and Solicitor
Board of Examiners, appointed under the Legal Practitioners Act 1896 as amended, Tasmania	Final Examination for admission as a Barrister and Solicitor

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.