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 20 May 1987.
R. D. Beale
Acting Chairman
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 21 May 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. 109/87)—Cat. No. 16/18.5.1987
“(2) Subject to subregulation (3), an office shall be deemed, for the purposes of these Regulations, to be located at the place or places where the duties of that office are ordinarily performed.
“(3) Where the duties of an office are ordinarily performed in more than one State, Territory or other place, those duties shall be deemed to be performed in the State, Territory or other place in which is located the base of operations for performance of those duties.”.
(a) by omitting from subregulation (1) the definition of “relevant address”; and
(b) by omitting subregulation (2).
“106. (1) In relation to the transfer by the Secretary under subsection 49 (1) of the Act of a Senior Executive Service officer in a Department to a vacant Senior Executive Service office in the Department, the day for the purposes of subparagraph (b) (i) of the definition of ‘prescribed day’ in subsection 33aaa (1) of the Act is:
(a) where the views of the officer in relation to the transfer, being views to which the Secretary had regard under subsection 49 (2) of the Act, include the view that the officer has no objection to the transfer—the day indicated in the notice of that transfer given to the officer under subsection 49 (4) 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); or
(b) in any other case—the day so indicated in that notice, or the seventh day after the day on which that notice was given to the officer, whichever is the later.
“(2) In relation to the transfer by the Board under subsection 49 (1) of the Act of a Senior Executive Service officer in a Department to a vacant Senior Executive Service office in another Department, the day for the purposes of subparagraph (b) (i) of the definition of ‘prescribed day’ in subsection 33aaa (1) of the Act is the day indicated in the notice of that transfer given to the officer under subsection 49 (4) of the Act as the day on which the transfer takes effect (being a day no earlier than the day on which the officer is given that notice)
“(3) A transfer of a
Senior Executive Service officer under subsection 49 (1) of the Act to fill a
vacancy notified in the
“(4) In relation to the transfer of a Senior Executive Service officer in a Department to a vacant Senior Executive Service office in that Department, the period for the purposes of subsection 52 (2) of the Act is:
(a) the period beginning at the time the officer is given notice in writing under subsection 49 (4) of the Act of the transfer and ending at the expiration of the day before the transfer takes effect; or
(b) the period beginning at the time the officer is given that notice and ending at the expiration of the sixth day after the day on which the officer is given that notice;
whichever would end first.
“107. 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
“108. (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.
“109. (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
“(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.
“110. 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.
“111. (1) A transfer of
an officer under section 50 of the Act to fill a vacancy notified in the
“(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.
“112. 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) where the vacancy of an office in a Department (being an office any promotion to which under section 50 of the Act would be an appellable promotion) is notified in the
Gazette and within 6 months of that notification the vacancy occurs of an office in that Department the classification, duties and location or locations of which correspond respectively to the classification, duties and location or locations specified in that notification, the occurrence of the later vacancy is a prescribed circumstance;(c) where a vacant office is an office in a Department having the classification of:
(i) Research Officer Grade 1;
(ii) Research Officer Grade 2;
(iii) Senior Research Officer Grade 1; or
(iv) Senior Research Officer Grade 2;
the decision by the Secretary that the office be filled by an Assistant Research Officer in that Department is a prescribed circumstance.
“113. (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.
“114. (1) In this regulation, ‘notice of appeal’ 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
“(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
“(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.
“115. 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.
“115a. (1) Subject to regulation 110, a non-appellable promotion takes effect on the nominal effective day.
“(2) For the purposes of
subsection 50dda (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
“(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 50dda 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 50dda (6) of the Act, the transfer of the officer under subsection 50dda (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.
“115b. (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.
“115c. (1) A transfer of an officer under
section 50da of the Act shall be
notified in the
“(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.
“115d. (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.
“115e. (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.
“115f. (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.
“115g. (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.
“115h. (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.
“116. (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 opinon 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.
“116a. (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.
“116b. (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 3 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.
“116c. (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
“(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.
“116d. (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;
(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; or
(h) in the case of a direction that is expressed to continue in force until the expiration of a specified day:
(i) subject to subregulation (4), the Secretary of a Department affected by the appeal advises the Agency that performance of those duties by the appellant during a period specified in that advice (in this paragraph referred to as ‘the period of unavailability’) would cause substantial difficulties or inefficiencies in the management or functioning of the Department; and
(ii) the effect of subtracting from the period of acting that part of that period that corresponds to the period of unavailability would be to leave no continuous period exceeding 3 months in the remaining part or parts of the period of acting.
“(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.
“(4) The reference in subparagraph (1) (h) (i) to a period specified in advice to the Agency is a reference to a period expressed to begin and end on dates respectively specified in that advice.
“116e. (1) Where an appeal under sub-regulation 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.”.
(a) by omitting “107 to 109b (inclusive), 109ca to 110 (inclusive) and 112” and substituting “106, 107 and 109 to 115h (inclusive)”;
(b) by adding at the end of paragraph (a) “and”;
(c) by omitting from the end of paragraph (b) “and”; and
(d) by omitting paragraph (c).
“amended Regulations” means the Public Service Regulations as amended by these Regulations and as further amended by any regulations made from time to time under the
Public Service Act 1922 ;“commencement day” means the day on which these Regulations come into operation;
“Principal Act” means the
Public Service Act 1922 as in force immediately before the commencement of section 41 of thePublic Service Legislation (Streamlining )Act 1986 ;“Principal Regulations” means the Public Service Regulations as in force immediately before the commencement day.
(
(
(
(
(a) an address specified as the relevant address in relation to an appeal in the section headed “WHERE TO LODGE APPEALS” of the notice headed “Promotions” last published in the
Gazette before the commencement day is the relevant address; and(b) the time specified in that notice in relation to the Northern Territory and the time specified in that notice in relation to other places is the time in relation to offices located in that Territory or in those other places, as the case may be.
(
address specified as the relevant address in relation to an appeal in the notice referred to in subregulation (5)is the relevant address in respect of:
(a) appeals against promotions under section 50 of the
Public Service Act 1922 ; or(b) appeals under regulation 116c of the amended Regulations against selections of officers for directions to act.
(
(a) appeals against promotions to an office located in the Northern Territory; or
(b) appeals against selections of officers for directions to act in an office located in that Territory;
the relevant time is 4.21 p.m.
(
(a) appeals against promotions to an office located outside the Northern Territory; or
(b) appeals against selections of officers for directions to act in an office located outside that Territory;
the relevant time is 4.51 p.m.
(
(
(
(
(
(
(
(
(a) an appeal under section 50b of the Principal Act that had not been determined before the commencement day; or
(b) an appeal referred to in subregulation (5), (13) or (14);
under the Principal Regulations may be taken on or after the commencement day as if these Regulations had not been made.
1.
Notified in the
2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1987 No. 25 andsee also Statutory Rules 1987, 25 and 38.
Printed by Authority by the Commonwealth Government Printer
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