Public Service Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 2561

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Public Service Regulations2 (Amendment)

THE PUBLIC SERVICE BOARD, acting in pursuance and 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 3 September 1986.

P. S. Wilenski

Chairman

G. G. Glenn

Commissioner

R. D. Beale

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 18 September 1986.

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

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(S.R. 37/86)—Cat. No.  14/24.2.1986

 

Division 3 of Part V

1. After regulation 107 of the Public Service Regulations the following Division is inserted:

“Division 3–Temporary performance of duties—Senior Executive Service offices

Directions to act

“108. (1) The Secretary of a Department may give a direction in writing to an officer to perform for a specified period, or an indefinite period, the whole, or a specified part, of the duties of a Senior Executive Service office in that Department.

“(2) In selecting an officer for a direction under sub-regulation (1) to perform the 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.

“(3) A Secretary of a Department shall not give a direction under sub-regulation (1) to an officer in another Department without the approval of the Secretary of that other Department or of the Board.

“(4) A Secretary shall not give a direction under sub-regulation (1) to a Senior Executive Service officer to perform temporarily the whole, or part, of the duties of an office having a classification that is the same as, or equal to, the classification of the officer.

“(5) Where an officer is directed under sub-regulation (1) to perform for a period the duties of an office in a Department, the Secretary of the Department may, at any time, direct the officer in writing not to perform or to cease performing, during that period, or during part of that period, the whole, or part of, those duties.”.

Manner of making appeals

2. Regulation 109g of the Public Service Regulations is amended—

(a) by omitting from paragraph (1) (a) “signed by the appellant”; and

(b) by omitting from paragraph (1) (c) “within 21 days after the date of notification of the promotion in the Gazette” and substituting “before a time, on the twenty-first day after the date of notification of the promotion in the Gazette, specified in that notification”.

Division 5 of Part V

3. The Public Service Regulations are amended by omitting the heading to Division 5 of Part V and substituting the following heading and regulation:

“Division 5—Temporary performance of duties—offices other than Senior Executive Service offices

Application of this Division

“109h. This Division does not apply in relation to a direction to perform the duties of a Senior Executive Service office.”.

Directions to act in another office

4. Regulation 116 of the Public Service Regulations is amended by omitting sub-regulation (4).

Appeals against directions to act

5. Regulation 116a of the Public Service Regulations is amended by omitting from sub-regulation (1) “other than a Senior Executive Service office”.

Transitional

6. A direction in force immediately before the commencement of these Regulations that was given under sub-regulation 116 (1) of the Public Service Regulations to an officer to perform the whole, or part, of the duties of a Senior Executive Service office continues in force after that commencement as if it had been given under sub-regulation 108 (1) of the Public Service Regulations as amended by these Regulations.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 September1986.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1986 No. 7 and see also Statutory Rules 1986 Nos. 7, 124, 130, 131, 132, 133, 134, 135, 155 and 187.

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