Public Service Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3831

 

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 and pursuant to section 4 of the Acts Interpretation Act 1901,hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated 19 December 1985.

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 19 December 1985.

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. 300/85) Cat. No. 11/10.12.1985

Commencement

1. These Regulations shall come into operation on 1 January 1986.

Interpretation of Part IX

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

(a) by omitting from paragraph (1) (c) “63a or 63d” and substituting “62 or 63”;

(b) by omitting from sub-regulation (2) the definitions of “Director” and “Disciplinary Appeal Board” and substituting the following definitions:

“ ‘Director’ means the Director of the Merit Protection and Review Agency established by section 5 of the Merit Protection (Australian Government Employees) Act 1984;

‘Disciplinary Appeal Committee’ has the same meaning as in Subdivision A of Division 6 of Part III of the Act;”; and

(c) by omitting from paragraph (b) of the definition of “proceeding” in sub-regulation (2) “Board” and substituting “Committee”.

Manner of appeal to Disciplinary Appeal Committee

3. Regulation 140 of the Public Service Regulations is amended by omitting “Board” (wherever occurring) and substituting “Committee”.

Time within which appeal to be made to Disciplinary Appeal Committee

4. Regulation 141 of the Public Service Regulations is amended by omitting “paragraph 62 (9) (a) or (b), 63 (4) (a) or (b),” and substituting “sub-section 62 (9) or 63 (4), paragraph”.

Repeal of regulations 142, 143 and 144

5. Regulations 142, 143 and 144 of the Public Service Regulations are repealed.

Furnishing of documents to appellants and persons requesting a review

6. Regulation 145 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (2) “Board” and substituting “Committee”;

(b) by inserting in sub-regulation (5) “of Inquiry or Disciplinary Appeal Committee” after “Board” (third occurring);

(c) by omitting from sub-regulation (6) “Board” (second occurring) and substituting “Committee”;

(d) by inserting in paragraph (6) (a) “or Committee” after “Board”;

(e) by inserting in paragraph (6) (b) “or Committee” after “Board”;

(f) by inserting in sub-regulation (7) “of Inquiry or Disciplinary Appeal Committee” after “Board” (first occurring);

(g) by inserting in sub-regulation (7) “or Committee” after “Board” (second occurring);

 

(h) by omitting from sub-regulation (7) “148 (3)” and substituting “16 (3) of the Merit Protection (Australian Government Employees) Regulations” ; and

(j) by inserting in sub-regulation (7) “or Committee” after “ Board” (last occurring).

Repeal of regulations 146 and 147

7. Regulations 146 and 147 of the Public Service Regulations are repealed.

Hearing to be in public except in special circumstances

8. Regulation 148 of the Public Service Regulations is amended–

(a) by omitting from sub-regulation (1) “or a Disciplinary Appeal Board”;

(b) by omitting from sub-regulation (2) “or Disciplinary Appeal Board, as the case may be,”;

(c) by omitting from paragraph (3) (b) “or Disciplinary Appeal Board”; and

(d) by omitting sub-regulation (4) and substituting the following sub-regulation:

“(4) Notwithstanding sub-regulations (1), (2) and (3), where a Board of Inquiry reports in accordance with sub-section 57 (5) of the Act that it finds a charge proved, the Board of Inquiry shall furnish the Public Service Board with a copy of all of the evidence taken by it in relation to the charge.”.

Witnesses

9. Regulation 149 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “or a Disciplinary Appeal Board”; and

(b) by omitting sub-regulation (2).

Repeal of regulation 150

10. Regulation 150 of the Public Service Regulations is repealed.

Witnesses expenses

11. Regulation 151 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “or in an appeal to a Disciplinary Appeal Board”;

(b) by omitting from sub-regulation (3) “appellant or person charged, as the case requires” and substituting “person charged”; and

(c) by omitting sub-regulation (4) and substituting the following sub-regulation:

“(4) This regulation does not apply to officers or employees summoned to give evidence.”.

Representation of parties

12. Regulation 152 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “or a Disciplinary Appeal Board”; and

(b) by omitting from sub-regulation (2) “referred to in that sub-regulation” (second occurring) and substituting “of Inquiry”.

Protection of members of Boards of Inquiry, witnesses, &c.

13. Regulation 153 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “or Disciplinary Appeal Board”;

(b) by omitting from sub-regulation (2) “or Disciplinary Appeal Board”;

(c) by omitting from paragraph (3) (a) “or a Disciplinary Appeal Board”; and

(d) by omitting from paragraph (3) (b) “such a Board” and substituting “a Board of Inquiry”.

Repeal of regulation 155

14. Regulation 155 of the Public Service Regulations is repealed.

15. Regulation 156 of the Public Service Regulations is repealed and the following regulation substituted:

Payment of costs

“156. (1) Where a charge into which a Board of Inquiry was inquiring is, as a result of that inquiry, found not to be proved the Board of Inquiry that conducted the inquiry shall consider and determine whether the Public Service Board should pay the whole or part of the costs incurred in that inquiry by the officer charged.

“(2) Where a Board of Inquiry determines under sub-regulation (1) that the Public Service Board should pay the whole or part of the costs incurred by an officer charged, the Public Service Board shall pay to that officer the amount that the Board of Inquiry has so determined.”.

Costs of lapsed inquiry

16. Regulation 157 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) all the words from and including “Except” to and including “inquiry” (first occurring) and substituting “Where an inquiry”;

(b) by omitting from sub-regulation (1) “appellant or” (wherever occurring);

(c) by omitting from sub-regulation (1) “appellant in the appeal or”;

(d) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) Where, in the case of a lapsed inquiry referred to in sub-regulation (1), the Public Service Board receives an application under that sub-regulation, it shall pay to the applicant the costs to which the application relates.”; and

(e) by inserting in sub-regulation (3) “de facto” before “spouse” (last occurring).

Recording of action taken

17. Regulation 158 of the Public Service Regulations is amended by omitting from sub-regulation (2) “Board” and substituting “Committee”.

Amendment of official conduct record

18. Regulation 159 of the Public Service Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) a Disciplinary Appeal Committee, after review, quashes a finding, or the Public Service Board takes action to recompense a person to whom the finding relates or to mitigate the severity of action taken in respect of a charge,”.

Delegation

19. Regulation 160 of the Public Service Regulations is amended by omitting from sub-regulation (1) all the words after “Director,” and substituting “delegate to a person any of the Director’s powers under this Part other than this power of delegation”.

Application of Division 6 of Part III of the Act and Parts IX and X to employees

20. Regulation 166 of the Public Service Regulations is amended by omitting from paragraph 166 (b) “section 82 of”.

Modification and adaptation of certain provisions of the Act

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

(a) by omitting paragraphs (a) and (b) from the definition of “original office” in sub-paragraph (a) (iv) and substituting the following paragraphs:

“(a) who has been dismissed from employment under section 62, 63 or 63m; or

(b) who has been transferred to other duties under section 62, 63 or 63d,”;

(b) by inserting at the end of sub-paragraph (e) (vi) “and”;

(c) by omitting from sub-paragraph (e) (vii) “and” (last occurring);

(d) by omitting sub-paragraph (e) (viii);

(e) by inserting at the end of sub-paragraph (f) (iii) “and”;

(f) by omitting sub-paragraph (f) (iv);

(g) by omitting paragraphs (g) and (h);

(h) by omitting paragraphs (j) and (k);

(j) by adding at the end of paragraph (p) “and”;

(k) by omitting paragraph (q) and substituting the following paragraph:

“(q) section 63m—by omitting from sub-section (1) ‘the Service’ (last occurring) and substituting ‘employment’”; and

(l) by omitting paragraph (r).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 December 1985.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 7 and see also Statutory Rules 1985 Nos. 7, 29, 34, 65, 108, 177, 208, 298 and 334.

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