Public Service Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 1301

——————

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 4 June 1986.

Peter 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 5 June 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

————

Application of Public Service Act to certain offices of A.C.T. authorities

1. Regulation 4A of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “Chairman” and substituting “General Manager”; and

 

(S.R. 287/85)—Cat. No.  12/4.6.1986

(b) by omitting from sub-regulation (1) “Health Services Ordinance 1975”and substituting “Health Authority Ordinance 1985”.

2. After regulation 70 of the Public Service Regulations the following regulations are inserted in Division IIIA—

Application of the provisions of section 22B of the Act—Commonwealth Teaching Service

“70a.(1) In this regulation and in Schedule 1a, ‘component of the Service’, ‘member of the Service’, ‘officer’, ‘relevant authority’ and ‘the Service’ have the meanings they have in the Commonwealth Teaching Service Act 1972.

“(2) For the purposes of sub-section 22b (14) of the Act, the provisions of section 22B of the Act shall apply to and in relation to the employment of members of the Service subject to the following modifications, namely the substitution for sub-sections 22b (1) to (15) (inclusive) of the Act of the sub-sections set out in Schedule 1a.

Application of the provisions of section 22b of the Act—persons engaged for employment under section 42 of the Naval Defence Act 1910

“70b. For the purposes of sub-section 22b(14) of the Act, the provisions of section 22bof the Act shall apply to and in relation to the employment of persons engaged for employment under section 42 of the Naval Defence Act 1910 subject to the following modifications, namely the substitution for sub-sections 22b (1) to (17) (inclusive) of the Act of the sub-sections set out in Schedule 1b.

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

“70c. For the purposes of sub-section 22b(14) of the Act, the provisions of section 22b of the Act shall apply to and in relation to the employment of persons who are employed under section 10 of the Supply and Development Act 1939 subject to the following modifications, namely the substitution for sub-sections 22b (1) to (17) (inclusive) of the Act of the subsections set out in Schedule 1c.”.

3. After Schedule 1 to the Public Service Regulations the following Schedules are inserted:

SCHEDULE 1a Regulation 70a

SUB-SECTIONS 22b (1) TO (15) OF THE ACT IN THEIR APPLICATION TO AND IN RELATION TO THE EMPLOYMENT OF PERSONS APPOINTED AS OFFICERS, OR ENGAGED AS EMPLOYEES, UNDER THE COMMONWEALTH TEACHING SERVICE ACT 1972

Equal employment opportunity programs

22b. (1)In this section, unless the contrary intention appears—

“appropriate staff organization” in relation to an office, or to employment in a particular capacity, in a component of the Service means an organization—

(a) that is registered under the Conciliation and Arbitration Act 1904;

SCHEDULE 1a—continued

(b) for membership of which the person holding that office or employed in that capacity would be eligible; and

(c) that is a party to an industrial award that applies in relation to the salary payable in respect of the office, or in respect of employment in that capacity, being an industrial award to which the Minister administering the Commonwealth Teaching Service Act 1972 is also a party;

“employment matters”, in relation to a component of the Service, means—

(a) the selection of persons for appointment as officers in, or for engagement as temporary employees in relation to, that component;

(b) the promotion and transfer of officers to offices in that component;

(c) the transfer of temporary employees to positions in that component;

(d) training and staff development for officers and temporary employees in that component;

(e) conditions of service of officers and temporary employees in that component; and

(f) any other matter related to the employment of officers and temporary employees in that component;

“equal employment opportunity program”, in relation to a component of the Service, means a program designed to ensure that—

(a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters in that component; and

(b) measures are taken to enable women and persons in designated groups to—

(i) compete, if they are officers, for promotion and transfer in that component;

(ii) compete, if they are temporary employees, for transfer in that component; and

(iii) pursue careers in that component,

as effectively as other persons;

“program” includes—

(a) the particular objectives to be achieved by the program;

(b) the policies to be adopted, and the procedures to be followed, to achieve those objectives;

(c) the quantitative or other indicators against which the effectiveness of the program is to be assessed; and

(d) the allocation of staff and other resources to the task of giving effect to the program;

“unjustified discrimination” includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.

(2) Without limiting the generality of the definition of “equal employment opportunity program” in sub-section (1), the equal employment opportunity program for a component of the Service shall include provision for action to be taken to—

(a) examine practices in relation to employment matters in that component to identify—

(i) any practices that unjustifiably discriminate against women or persons in designated groups; and

(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;

(b) eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a);

SCHEDULE 1a—continued

(c) inform members of the Service in that component, and appropriate staff organizations in relation to offices and employment in particular capacities in that component, of the contents of the program and of the result of any review of the program under sub-section (4);

(d) collect and record information, including statistical information, relevant to the operation of the program;

(e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and

(f) give effect to any guidelines issued under sub-section (10).

(3) As soon as practicable after the commencement of regulation 70a of the Public Service Regulations, and in any event within 12 months after that commencement, the relevant authority shall—

(a) after giving appropriate staff organizations in relation to offices and employment in particular capacities in a component of the Service and such other persons as the relevant authority considers appropriate, an opportunity to put their views, cause to be developed an equal employment opportunity program for that component;

(b) cause to be prepared a statement in writing setting out the program so developed; and

(c) give a copy of the statement to the Public Service Board.

(4) The relevant authority shall—

(a) from time to time, after giving appropriate staff organizations in relation to offices and employment in particular capacities in a component of the Service and such other persons as the relevant authority considers appropriate, an opportunity to put their views, cause the equal employment opportunity program for that component to be reviewed;

(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and

(c) give a copy of the statement to the Public Service Board.

(5) The relevant authority shall take any action necessary to give effect to the equal employment opportunity program for a component of the Service and any person who exercises powers in relation to employment matters in that component shall have regard to the program in exercising those powers.

(6) The Public Service Board may, by notice in writing to the relevant authority, require the relevant authority to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for a component of the Service.

(7) A notice under sub-section (6) may specify the particular aspects of the equal employment opportunity program for a component of the Service that are to be dealt with in the report.

(8) Where the Public Service Board receives a statement under sub-section (3) or (4) or a report under sub-section (6), the Board, after considering the statement or report, may make recommendations to the relevant authority on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for a component of the Service.

(9) If the relevant authority does not concur in or adopt a recommendation made by the Public Service Board under sub-section (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for a component of the Service, the relevant authority shall, within a reasonable time, inform the Minister administering the Commonwealth Teaching Service Act 1972,in writing, of the relevant authority’s reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.

SCHEDULE 1a—continued

(10) The Public Service Board may from time to time, by notice in writing to the relevant authority, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for a component of the Service.

(11) The Public Service Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section in its application in relation to the Service.

(12) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed, apply to and in relation to the employment of persons appointed as officers or engaged as employees under the Commonwealth Teaching Service Act 1972.

(13) In sub-section (12), “modifications” includes the addition or omission of a provision or the substitution of a provision for another provision.

—————

SCHEDULE 1b Regulation 70b

SUB-SECTIONS 22b (I) TO (17) OF THE ACT IN THEIR APPLICATION TO AND IN RELATION TO THE EMPLOYMENT OF PERSONS ENGAGED FOR EMPLOYMENT UNDER SECTION 42 OF THE NAVAL DEFENCE ACT 1910

Equal employment opportunity programs

22b. (1) In this section, unless the contrary intention appears—

“appropriate staff organization” in relation to employment of an employee in a particular capacity means an organization—

(a) that is registered under the Conciliation and Arbitration Act 1904;

(b) for membership of which the employee employed in that capacity would be eligible; and

(c) that is a party to an industrial award that applies in relation to the salary payable in respect of employment in that capacity, being an industrial award to which the Minister administering section 42 of the Naval Defence Act 1910 is a party;

“employees” means persons who are engaged for employment under section 42 of the Naval Defence Act 1910;

“employment matters”, in relation to employees, means—

(a) the selection of persons for appointment as employees;

(b) the promotion and transfer of employees;

(c) training and staff development for employees;

(d) conditions of service of employees; and

(e) any other matter related to the employment of employees;

“equal employment opportunity program”, in relation to employees, means a program designed to ensure that—

(a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters; and

(b) measures are taken to enable women and persons in designated groups to compete for promotion and transfer and pursue careers as effectively as other persons;

“program” includes—

(a) the particular objectives to be achieved by the program;

SCHEDULE 1b—continued

(b) the policies to be adopted, and the procedures to be followed, to achieve those objectives;

(c) the quantitative or other indicators against which the effectiveness of the program is to be assessed; and

(d) the allocation of staff and other resources to the task of giving effect to the program;

“Secretary” means the Secretary of the Department that is administered by the Minister for the time being administering section 42 of the Naval Defence Act 1910;

“unjustified discrimination” includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.

(2) Without limiting the generality of the definition of “equal employment opportunity program” in sub-section (1), the equal employment opportunity program for employees shall include provision for action to be taken to—

(a) examine practices in relation to employment matters for employees to identify—

(i) any practices that unjustifiably discriminate against women or persons in designated groups; and

(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;

(b) eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a);

(c) inform employees, and appropriate staff organizations in relation to employment of employees in particular capacities, of the contents of the program and of the results of any review of the program under sub-section (4);

(d) collect and record information, including statistical information, relevant to the operation of the program;

(e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and

(f) give effect to any guidelines issued under sub-section (10).

(3) As soon as practicable after the commencement of regulation 70B of the Public Service Regulations and, in any event, within 12 months after that commencement, the Secretary shall—

(a) after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause to be developed an equal employment opportunity program for the employees;

(b) cause to be prepared a statement in writing setting out the program so developed; and

(c) give a copy of the statement to the Public Service Board.

(4) The Secretary shall—

(a) from time to time, after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the employees to be reviewed;

(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and

(c) give a copy of the statement to the Public Service Board.

(5) The Secretary shall take any action necessary to give effect to the equal employment opportunity program for employees and any person who exercises powers in relation to employment matters in respect of employees shall have regard to the program in exercising those powers.

SCHEDULE 1b—continued

(6) The Public Service Board may, by notice in writing to the Secretary, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for the employees.

(7) A notice under sub-section (6) may specify the particular aspects of the equal employment opportunity program for the employees that are to be dealt with in the report.

(8) Where the Public Service Board receives a statement under sub-section (3) or (4) or a report under sub-section (6), the Board, after considering the statement or report, may make recommendations to the Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the employees.

(9) If the Secretary does not concur in or adopt a recommendation made by the Public Service Board under sub-section (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the employees, the Secretary shall, within a reasonable time, inform the Minister administering section 42 of the Naval Defence Act 1910,in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.

(10) The Public Service Board may from time to time, by notice in writing to the Secretary, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for the employees.

(11) The Public Service Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section.

(12) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed, apply to and in relation to the employment of persons who are employed under section 42 of the Naval Defence Act 1910.

(13) In sub-section (12), “modifications” includes the addition or omission of a provision or the substitution of a provision for another provision.

(14) Regulations made for the purposes of sub-section (12) have effect notwithstanding sub-section 42c (1) of the Naval Defence Act 1910.

(15) Where the Minister for Defence, by instrument in writing, declares that, by reason of defence or civil emergency, it is necessary for staff employed under the Naval Defence Act 1910 to be engaged in work in circumstances such that regulations made for the purposes of sub-section (12) should not apply in respect of those staff, those regulations shall not apply in respect of those staff until that instrument is revoked by that Minister.

——————

SCHEDULE 1c Regulation 70c

SUB-SECTIONS 22b (1) TO (17) OF THE ACT IN THEIR APPLICATION TO AND IN RELATION TO THE EMPLOYMENT OF PERSONS WHO ARE EMPLOYED UNDER SECTION 10 OF THE SUPPLY AND DEVELOPMENT ACT 1939

Equal employment opportunity programs

22b. (1) In this section, unless the contrary intention appears—

“appropriate staff organization” in relation to employment of an employee in a particular capacity means an organization—

(a) that is registered under the Conciliation and Arbitration Act 1904;

(b) for membership of which the employee employed in that capacity would be eligible; and

SCHEDULE 1c—continued

(c) that is a party to an industrial award that applies in relation to the salary payable in respect of employment in that capacity, being an industrial award to which the Minister administering section 10 of the Supply and Development Act 1939 is a party;

“employees” means persons who are employed under section 10 of the Supply and Development Act 1939;

“employment matters”, in relation to employees, means—

(a) the selection of persons for appointment as employees;

(b) the promotion and transfer of employees;

(c) training and staff development for employees;

(d) conditions of service of employees; and

(e) any other matter related to the employment of employees;

“equal employment opportunity program”, in relation to employees, means a program designed to ensure that—

(a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters; and

(b) measures are taken to enable women and persons in designated groups to compete for promotion and transfer and pursue careers, as effectively as other persons;

“program” includes—

(a) the particular objectives to be achieved by the program;

(b) the policies to be adopted, and the procedures to be followed, to achieve those objectives;

(c) the quantitative or other indicators against which the effectiveness of the program is to be assessed; and

(d) the allocation of staff and other resources to the task of giving effect to the program;

“Secretary” means the Secretary of the Department that is administered by the Minister for the time being administering section 10 of the Supply and Development Act 1939;

“unjustified discrimination” includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.

(2) Without limiting the generality of the definition of “equal employment opportunity program” in sub-section (1), the equal employment opportunity program for employees shall include provision for action to be taken to—

(a) examine practices in relation to employment matters for employees to identify—

(i) any practices that unjustifiably discriminate against women or persons in designated groups; and

(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;

(b) eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a);

(c) inform employees, and appropriate staff organizations in relation to employment of employees in particular capacities, of the contents of the program and of the results of any review of the program under sub-section (4);

(d) collect and record information, including statistical information, relevant to the operation of the program;

(e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and

(f) give effect to any guidelines issued under sub-section (10).

SCHEDULE 1c—continued

(3) As soon as practicable after the commencement of regulation 70C of the Public Service Regulations and, in any event, within 12 months after that commencement, the Secretary shall—

(a) after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause to be developed an equal employment opportunity program for the employees;

(b) cause to be prepared a statement in writing setting out the program so developed; and

(c) give a copy of the statement to the Public Service Board.

(4) The Secretary shall—

(a) from time to time, after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the employees to be reviewed;

(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and

(c) give a copy of the statement to the Public Service Board.

(5) The Secretary shall take any action necessary to give effect to the equal employment opportunity program for employees and any person who exercises powers in relation to employment matters in respect of employees shall have regard to the program in exercising those powers.

(6) The Public Service Board may, by notice in writing to the Secretary, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for the employees.

(7) A notice under sub-section (6) may specify the particular aspects of the equal employment opportunity program for the employees that are to be dealt with in the report.

(8) Where the Public Service Board receives a statement under sub-section (3) or (4) or a report under sub-section (6), the Board, after considering the statement or report, may make recommendations to the Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the employees.

(9) If the Secretary does not concur in or adopt a recommendation made by the Public Service Board under sub-section (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the employees, the Secretary shall, within a reasonable time, inform the minister administering section 10 of the Supply and Development Act 1939,in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.

(10) The Public Service Board may from time to time, by notice in writing to the Secretary, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for the employees.

(11) The Public Service Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section.

(12) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed, apply to and in relation to the employment of persons who are employed under section 10 of the Supply and Development Act 1939.

(13) In sub-section (12), “modifications” includes the addition or omission of a provision or the substitution of a provision for another provision.

SCHEDULE 1c—continued

(14) Regulations made for the purposes of sub-section (12) have effect notwithstanding sub-section 10 (2) of the Supply and Development Act 1939.

(15) Where the Minister for Defence, by instrument in writing, declares that, by reason of defence or civil emergency, it is necessary for staff employed under the Supply and Development Act 1939 to be engaged in work in circumstances such that regulations made for the purposes of sub-section (12) should not apply in respect of those staff, those regulations shall not apply in respect of those staff until that instrument is revoked by that Minister.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 June 1986.

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 and 124.

Printed by Authority by the Commonwealth Government Printer