Public Service Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 381

 

Public Service Regulations2 (Amendment)

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

Dated 24 February 1987.

Peter S Wilenski

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 5 March 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. 28/87)—Cat. No.  18/12.2.1987

 

Interpretation

1. Regulation 3 of the Public Service Regulations is amended by adding at the end the following definition:

“ ‘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.”.

Returns and information generally

2. Regulation 23 of the Public Service Regulations is amended by omitting “or Chief Officer”.

Maintenance of order

3. Regulation 29 of the Public Service Regulations is amended by omitting “Chief Officer and”.

Repeal of regulation 43a

4. Regulation 43a of the Public Service Regulations is repealed.

Application of section 22b of the Act—Commonwealth Teaching Service

5. Regulation 70a of the Public Service Regulations is amended by omitting from sub-regulation (2) “(15)” and substituting “(11)”.

Application of section 22b of the Act—persons employed under section 42 of the Naval Defence Act 1910

6. Regulation 70b of the Public Service Regulations is amended by omitting “(17)” and substituting “(11)”.

Application of section 22b of the Act—persons employed under section 10 of the Supply and Development Act 1939

7. Regulation 70c of the Public Service Regulations is amended by omitting “(17)” and substituting “(11)”.

Repeal of regulations 72l, 72m and 72n

8. Regulations 72l, 72m and 72n of the Public Service Regulations are repealed.

Officers acting as members of Joint Council

9. Regulation 72p of the Public Service Regulations is amended by omitting “or a Classification Committee”.

Application of Division 3

10. Regulation 82 of the Public Service Regulations is amended by omitting from sub-paragraph (a) (ix) “sub-section 82 (6)” and substituting “section 82ah”.

 

Interpretation of Part IX

11. Regulation 139 of the Public Service Regulations is amended—

(a) by omitting sub-regulation (1); and

(b) by adding at the end of sub-regulation (2) the following definition:

“; ‘Secretary’, in relation to a person who—

(a) has been dismissed from the Service under section 62 or 63 of the Act;

(b) is deemed, under section 66a of the Act, to have retired from the Service; or

(c) is an unattached officer within the meaning of Subdivision D of Division 6 of Part III of the Act,

means—

(d) the Secretary of the Department in which the person last held office or, where that person did not hold office, the Department in which the person last performed duties; or

(e) where that Department has been abolished—a Secretary selected by the Board having regard to the duties last performed in the Service by that person,

as the case requires”.

Manner of appeal to Disciplinary Appeal Committee

12. Regulation 140 of the Public Service Regulations is amended by omitting from sub-regulation (1) “, 63p or 66b” and substituting “or 63p”.

Time for appealing to Disciplinary Appeal Committee

13. Regulation 141 of the Public Service Regulations is amended by omitting from sub-regulation (1) “or 66b (4) (a)”.

Witnesses expenses

14. Regulation 151 of the Public Service Regulations is amended by omitting from sub-regulation (3) all the words after “referred to in” and substituting—

“sub-regulation (1)—

(a) if the person charged holds an office of Secretary of a Department—by that Department; or

(b) if the person charged is an unattached Secretary—by the Department of which the person was Secretary immediately before becoming an unattached Secretary.”.

Employees to whom this Part applies

15. Regulation 165 of the Public Service Regulations is amended by omitting paragraph (b).

 

Modification and adaptation of certain provisions of the Act

16. Regulation 167 of the Public Service Regulations is amended—

(a) by omitting sub-paragraphs (a) (i), (ii) and (iii);

(b) by omitting from sub-paragraph (e) (iii) “$40” and substituting “$500”;

(c) by adding at the end of sub-paragraph (f) (ii) “and”;

(d) by omitting from sub-paragraph (f) (iii) “and” (last occurring); and

(e) by omitting sub-paragraph (f) (v).

Modification and adaptation of regulations 148 and 158

17. Regulation 168 of the Public Service Regulations is amended by omitting paragraph (a).

Schedule 1a

18. Schedule 1a to the Public Service Regulations is amended—

(a) by omitting from the heading “(15)” and substituting “(11)”;

(b) by omitting from sub-section (11) “in relation to” and substituting “to and in relation to employment of members of; and

(c) by omitting sub-sections (12) and (13).

Schedule 1b

19. Schedule 1b to the Public Service Regulations is amended—

(a) by omitting from the heading “(17)” and substituting “(11)”;

(b) by omitting from the heading “ENGAGED FOR EMPLOYMENT” and substituting “WHO ARE EMPLOYED”;

(c) by adding at the end of sub-section (11) “to and in relation to the employment of the employees”; and

(d) by omitting sub-sections (12), (13), (14) and (15).

Schedule 1c

20. Schedule 1c to the Public Service Regulations is amended—

(a) by omitting from the heading “(17)” and substituting “(11)”;

(b) by adding at the end of sub-section (11) “to and in relation to the employment of the employees”; and

(c) by omitting sub-sections (12), (13), (14) and (15).

Further amendments

21. The Public Service Regulations are further amended as set out in the Schedule.

 

SCHEDULE Regulation 21

FURTHER AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS

The following provisions of the Public Service Regulations are amended by omitting “Chief Officer” (wherever occurring) and substituting “Secretary”:

 

SCHEDULE—continued

Paragraph 13 (f), sub-regulation 15 (1), regulations 30, 35 and 44, sub-regulations 46 (1), (2) and (3), 50 (1) and (2) and 50c (2) and (3), regulation 50d, sub-regulation 53a (2), provisos to sub-regulation 54 (1) and to regulation 57, sub-regulations 58 (1) and (2), 58a (1), 60 (1a), (2), (3) and (5), 61c (2), 61d (8), 61f (1), 61g (2), 61l (1), 61m (1), 61n (1), 61q (1) and 61r (2), paragraph 61r (2) (b), sub-regulation 61s (1), paragraph 61s (2) (d), sub-regulation 61t (1), regulation 65, paragraph 76 (e), regulation 100, paragraph 110 (6ae) (b), sub-regulations 116 (1), (2) and (3), 116a (4), 117 (1) and (2) and 137 (2), paragraphs 138 (1) (b) and (c), sub-regulations 138 (2) and (3), 145 (2), (3), (4) and (5) and 158 (1), (2) and (3), regulations 159, 161 (definition of “authorized officer”) and 164 and sub-paragraph 167 (f) (ii).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 March 1987.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 25 and see also Statutory Rules 1987 No. 25.

 

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