Public Service Regulations (Amendment) (Cth)
THE
PUBLIC SERVICE BOARD, acting pursuant to and in the exercise of the authority
conferred upon it by the
Dated 3 July 1987.
Peter S Wilenski
Chairman
Roger Beale
Commissioner
W J Harris
Commissioner
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated 7 July 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Peter Walsh
Minister of State for Finance for and on behalf of the Prime Minister
(S.R. 82/87)—Cat. No. 18/29.6.1987
“
(a) by omitting from subregulation (1) “21” and substituting “14”;
(b) by inserting after subregulation (1) the following subregulations:
“(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(1) before the Appeal Committee determines that appeal under section 76m—on the day on which that appeal is withdrawn; or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.”; and
(c) by omitting from subregulation (2) “21” and substituting “14”.
“120a. In this Division, unless the contrary intention appears:
‘officer’ has the same meaning as in Division 8c of Part III of the Act.
“120b. (1) For the purposes of paragraph (a) of the definition of ‘minimum retiring age’ in subsection 76u (2) of the Act, the age of 50 years is the minimum retiring age in respect of each of the following classes of officers:
(a) officers each of whom is an officer whose classification is specified in Schedule 1D;
(b) officers each of whom is an officer who:
(i) occupies an office in the Department of Aviation specified in Schedule 1E; and
(ii) at any time before occupying that office, occupied, for a period, or an aggregate of periods, exceeding 10 years, an office the duties of which were those of an Air Traffic Controller.
“(2) For the purposes of paragraph (a) of the definition of ‘maximum retiring age’ in subsection 76v (4) of the Act, the age of 60 years is the maximum retiring age in respect of each of the following classes of officers:
(a) officers each of whom is an officer whose classification is specified in the Schedule 1D;
(b) officers each of whom is an officer who:
(i) occupies an office in the Department of Aviation specified in Schedule 1E; and
(ii) at any time before occupying that office, occupied, for a period, or an aggregate of periods, exceeding 10 years, an office the duties of which were those of an Air Traffic Controller.
“(3) For the purposes of subparagraphs (1) (b) (ii) and (2) (b) (ii):
(a) in determining whether a person who has become an officer on more than one occasion has occupied, for a period, or an aggregate of periods, exceeding 10 years, an office the duties of which were those of an Air Traffic Controller, any period before the last occasion on which the person became an officer shall be disregarded; and
(b) an unattached officer who performed the duties of an Air Traffic Controller for a period in the course of the officer’s duty shall be taken to have occupied, for that period, an office the duties of which were those of an Air Traffic Controller.
“120c. (1) In this regulation:
(a) a reference to action taken in relation to an officer under section 76w of the Act is a reference to:
(i) the proposed reduction of the classification of the officer; or
(ii) the proposed retirement of the officer from the Service;
under that section and, for the purposes of this regulation:
(iii) the matter referred to in each of the paragraphs in subsection 76w (6) of the Act shall be regarded as a ground for that action; and
(iv) a reference to the ground of invalidity is a reference to the matter referred to in paragraph 76w (6) (a) of the Act;
(b) a reference to an appeal in relation to a notice given under section 76w of the Act is a reference to an appeal under section 76z of the Act against the giving of that notice;
(c) a reference to the appeal period is a reference to the period prescribed by regulation 120d.
“(2) For the purposes of subsection 76w (5) of the Act:
(a) where an officer has consented to action being taken in relation to the officer under section 76w of the Act on the ground of invalidity— a notice given to the officer by the Secretary or the Board under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the officer and the Secretary, or between the officer and the Board, as the case may be, whether before or after the day on which the notice is given to the officer; and
(b) where an officer has consented to action being taken in relation to the officer under section 76w of the Act on any other ground—a notice given to the officer by the Secretary or the Board under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the officer and the Secretary, or between the officer and the Board, as the case may be, being a day no earlier than the day on which the notice is given to the officer.
“(3) For the purposes of subsection 76w (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76w of the Act on the ground of invalidity, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect:
(a) in accordance with subregulation (6); or
(b) where under an industrial award that is applicable to the officer the notice would not take effect until the day immediately following the day on which the officer exhausts any full-pay sick leave credits to which the officer may be entitled before retirement in accordance with that award and the day that so follows occurs after the time so determined—on that day.
“(4) For the purposes of subsection 76w (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76w of the Act on the ground that the officer is an excess officer, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect:
(a) in accordance with subregulation (6); or
(b) where under an industrial award that is applicable to the officer the notice would not take effect until the end of a retention period that ends in relation to that officer after the time so determined—at the end of that period.
“(5) For the purposes of subsection 76w (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76w of the Act on a ground other than invalidity or the ground that the officer is an excess officer, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect in accordance with subregulation (6).
“(6) For the purposes of subregulation (3), (4) or (5), a notice under section 76w of the Act given to an officer referred to in that subregulation takes effect:
(a) on the day (if any) specified in the notice as the day on which that notice takes effect;
(b) one month after the day on which the notice is given to the officer;
(c) where the officer appeals against the giving of the notice and withdraws that appeal after the expiration of the appeal period before the Appeal Committee determines the appeal—on the day on which that appeal is withdrawn; or
(d) where the officer appeals against the giving of the notice and the Appeal Committee confirms the notice—on the day on which that notice is confirmed;
whichever occurs last.
“120d. For the purposes of subsection 76z (1) of the Act, the period of 14 days is prescribed.”.
SCHEDULE 1D Paragraphs 120b (1) (a) and (2) (a)
CLASSIFICATIONS OF OFFICERS
Air Traffic Control Superintendent
Air Traffic Controller Class 1
Air Traffic Controller Class 2
Air Traffic Controller Class 2a
Air Traffic Controller Class 3
Air Traffic Controller Class 3a
Air Traffic Controller Class 4
Air Traffic Controller Class 4a
Air Traffic Controller Class 5
Air Traffic Controller Class 5a
Air Traffic Controller Class 6
Air Traffic Controller Class 6a
Air Traffic Controller Class 7
SCHEDULE 1E Paragraphs 120b (1) (b) and (2) (b)
OFFICES
Airways Operations Superintendent, Airways Branch, New South Wales
Airways Operations Superintendent, Airways Branch, Queensland
Airways Operations Superintendent, Airways Branch, Victoria
Assistant Director (Operations), Air Traffic Services Branch
Assistant Director (Operations), Airways Operations Branch, South Australia
Assistant Director (Operations), Airways Operations Branch, Western Australia
Director, Airways Services Requirements, Airways Systems Branch
Director, Emergency Requirements, Airways Systems Branch
Director, Environment Operations, Air Traffic Services Branch
Director, Future Requirements, Advanced Planning and Technology Branch
Superintendent, Air Traffic Control Air Co-ordination and Personnel Standards, Air Traffic Services Branch
Superintendent, Air Traffic Control Procedures, Air Traffic Services Branch
Superintendent, Operational Control and Search and Rescue, Air Traffic Services Branch
1.
Notified in the
2. Statutory Rules 1935 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1987 No. 25 andsee also Statutory Rules 1987 Nos. 25, 38, 90, 137.
Printed by Authority by the Commonwealth Government Printer
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