Public Service Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 2981

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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 11 November 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 15 November 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

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(S.R. 288/85) Cat. No.  15/31.10.1985

 

Commencement

1. These Regulations shall come into operation on 17 November 1985.

Repeal

2. Regulation 19, regulations 33 to 33g (inclusive) and regulation 61u of the Public Service Regulations are repealed.

Part III

3. The Public Service Regulations are amended by omitting the following headings:

“Part III—TRAVELLING AND OTHER ALLOWANCES

Division I—General Allowances

Division II—Mode of Travelling

Division III—Special Allowances”.

4. After regulation 74e of the Public Service Regulations the following Part and heading are inserted:

“PART III—REVIEW OF CERTAIN DECISIONS AND INVESTIGATION OF GRIEVANCES

Division 1—Interpretation of Part III

Interpretation of Part III

“75. In this Part, unless the contrary intention appears—

‘action’ has the same meaning as in sub-section 46 (1) of the Merit Protection Act;

‘Agency’ means the Merit Protection and Review Agency established by the Merit Protection Act;

‘authorised person’, in relation to a decision made under the Act, these Regulations or a determination, means an officer who is authorised under the Act, these Regulations or that determination to make that decision;

‘decision’ has the same meaning as in section 38 of the Merit Protection Act;

‘determination’ means a determination made by the Board under section 82d of the Act;

‘Director’ means the Director of the Agency;

‘Merit Protection Act’ means the Merit Protection (Australian Government Employees) Act 1984;

‘officer’ includes employee;

‘relevant authority’ means—

(a) in the case of a decision or action for which the relevant Secretary has a responsibility—that relevant Secretary; or

(b) in any other case—the authority responsible for the decision or action the review or investigation of which is sought or that is under review or investigation.

Division 2—Review of certain decisions

Application of Division 2

“76. This Division applies to—

(a) a decision of an authorised person refusing approval for an officer to undertake a scheme of study of a kind referred to in Public Service Board Determination No. 1983/10;

(b) a decision of an authorised person not to authorise full or partial reimbursement of fees paid by an officer in respect of such a scheme of study;

(c) a decision of an authorised person under a determination, being a decision that specifies, in relation to an officer who is directed to perform only part of the duties of an office, the classification that shall be deemed to be the classification of that office;

(d) a decision of an authorised person under a determination, being a decision—

(i) to defer an increment to which the officer would otherwise have been entitled; or

(ii) to refuse an application by the officer for the grant of a subsequent increment that would have been payable to the officer but for that deferment;

(e) a decision of a Chief Officer, in relation to an application for the grant under sub-section 71 (1) of the Act of leave of absence—

(i) not to grant the leave;

(ii) to grant the leave for a period other than for the period requested; or

(iii) to grant the leave subject to conditions;

(f) a decision under sub-regulation 77 (3) of the relevant authority upon its review of a decision referred to in paragraph (a), (b), (c) or (d); and

(g) a decision under sub-regulation 77 (3) of the relevant authority upon its review of a decision referred to in paragraph (e).

Review by the relevant authority

“77. (1) An officer aggrieved by a decision referred to in paragraph 76 (a), (b), (c), (d) or (e) made in relation to the officer may request the relevant authority to review the decision.

“(2) A request under sub-regulation (1) by an officer for review of a decision shall—

(a) be in writing;

(b) set out the decision;

(c) set out the reasons why the officer is aggrieved by the decision; and

(d) be furnished to the relevant authority.

“(3) As soon as practicable after receiving a request under sub-regulation (1) to review a decision made in relation to an officer, the relevant authority shall review the decision and shall, by decision in writing—

(a) affirm the decision;

(b) vary the decision; or

(c) set aside the decision and substitute another decision for the decision so set aside.

“(4) For the purposes of a review under this regulation by the relevant authority of a decision made in relation to an officer, that authority may request any person, including the officer, to provide information or documents relevant to the decision.

“(5) After 21 days after an officer has, under sub-regulation (2), furnished to the relevant authority a request for review of a decision, the officer may, in writing, request the Agency to do either or both of the following:

(a) request that authority to state how far that review has progressed;

(b) request that authority to expedite that review.

“(6) As soon as practicable after receiving a request under sub-regulation (5), the Agency shall comply with that request.

“(7) The relevant authority shall, not later than 10 days after receiving a request under sub-regulation (5) concerning a review by that authority of a decision, notify the Agency of the extent of the progress of that review.

Review by the Agency

“78. (1) For the purposes of section 39 of the Merit Protection Act, application may be made to the Agency for review of—

(a) a decision referred to in paragraph 76 (a), (b), (c), (d) or (e) made in relation to an officer that has been reviewed under regulation 77 by the relevant authority; or

(b) a decision referred to in paragraph 76 (f) or (g) made in relation to an officer by the relevant authority.

“(2) An application under sub-regulation (1) for review of a decision shall—

(a) be in writing;

(b) be addressed to the Director;

(c) set out the decision;

(d) set out the reasons why the application is made; and

(e) be furnished to that authority with a request that that authority furnish the application to the Director.

Documents to be furnished by the relevant authority

“79. Within 14 days after receiving an application under regulation 78 for review by the Agency of a decision made in relation to an officer, the relevant authority shall—

(a) furnish to the Director—

(i) the application;

(ii) the request by the officer under regulation 77 for review by that authority of that decision;

(iii) a copy of that decision;

(iv) any other document relevant to that decision or that review; and

(v) if necessary, a report on anything done by that authority in connection with that decision or that review; and

(b) furnish to the officer—

(i) a copy of any document referred to in sub-paragraph (a) (iv); and

(ii) a copy of any report referred to in sub-paragraph (a) (v).

Review to be under section 42 or 43 of the Merit Protection Act

“80. On receipt by the Director of an application under regulation 78 for review by the Agency of a decision, that decision may be reviewed—

(a) in the case of a decision referred to in paragraph 76 (e) or (g)— under section 43 of the Merit Protection Act; or

(b) in any other case—under section 42 of that Act.

Official directions to be carried out

“81. Where—

(a) under regulation 77 an officer requests the relevant authority to review an official direction to the officer; or

(b) under regulation 78 application is made to the Agency for review of official direction to an officer,

the officer shall, as far as practicable, carry out the direction unless it is withdrawn.

Division 3—Investigation of grievances by the Agency

Application of Division 3

“82. This Division applies to—

(a) an action taken in relation to an officer other than—

(i) classifying an office;

(ii) fixing the rate of salary applicable to an office;

(iii) fixing the conditions of service or employment of officers, in so far as those conditions are set out in, or under, a law of the Commonwealth, otherwise than applying those conditions to the officer;

(iv) an action arising under the Australian Security Intelligence Organization Act 1979, the Compensation (Commonwealth Government Employees) Act 1971 or the Superannuation Act 1976;

(v) an action in respect of which the officer has under the Act, the Commonwealth Employees (Redeployment and Retirement) Act 1979 or these Regulations (other than this Division) a right of review or appeal, whether or not that right has been exercised;

(vi) the annulment of the appointment of the officer under section 47 of the Act;

(vii) refusal to permit under section 52 of the Act the officer to decline a promotion or transfer under that section;

(viii) the appointment, promotion or transfer of a person to an office to which the officer had applied to be promoted or transferred; and

(ix) dispensing with, under sub-section 82 (6) of the Act, the services of the officer; and

(b) an action taken in relation to an officer that is part of the procedure adopted for the purpose of an action referred to in sub-paragraph (a) (v), (vi), (vii), (viii) or (ix) taken in relation to the officer,

but does not apply to a decision to which Division 2 applies.

Investigation by the relevant authority

“83. (1) An officer aggrieved by an action to which this Division applies taken in relation to the officer may request the relevant authority to investigate the action.

“(2) A request under sub-regulation (1) by an officer for investigation of an action taken shall—

(a) be in writing;

(b) describe the action;

(c) set out the reasons why the officer is aggrieved by the action; and

(d) be furnished—

(i) in the case of an action that concerns the conduct of the supervisor of the officer—to the relevant authority; or

(ii) in any other case—to the supervisor of the officer who shall, as soon as practicable, refer the request to the relevant authority.

“(3) As soon as practicable after receiving a request under sub-regulation (1) to investigate an action taken in relation to an officer, the relevant authority shall—

(a) investigate the action in any manner that the authority thinks fit; and

(b) cause the officer to be advised of the results of the investigation, of any decision of that authority consequent upon the investigation and of the reasons for that decision.

“(4) For the purposes of an investigation under this regulation by the relevant authority into an action taken in relation to an officer, that authority may request any person, including the officer, to provide information or documents relevant to the action.

“(5) After 21 days after an officer has under sub-regulation (2) furnished to the relevant authority or to the supervisor of the officer, as the case requires, a request for investigation of an action, the officer may, in writing, request the Agency to do either or both of the following:

(a) request that authority to state how far that investigation has progressed;

(b) request that authority to expedite that investigation.

“(6) As soon as practicable after receiving a request under sub-regulation (5), the Agency shall comply with that request.

“(7) The relevant authority shall, not later than 10 days after receiving a request under sub-regulation (5) concerning an investigation by that authority of an action, notify the Agency of the extent of the progress of that investigation.

Investigation by the Agency

“84. (1) For the purposes of section 47 of the Merit Protection Act, application may be made to the Agency for the investigation, in accordance with Division 4 of Part II of that Act, of an action to which this Division applies taken in relation to an officer that has been investigated by the relevant authority under regulation 83 if the officer remains aggrieved by the action.

“(2) An application under sub-regulation (1) for investigation of an action shall—

(a) be in writing;

(b) be addressed to the Director;

(c) describe the action;

(d) set out the reasons why the application is made; and

(e) be furnished to the relevant authority with a request that that authority furnish the application to the Director.

Documents to be furnished by the relevant authority

“85. Within 14 days after receiving an application under regulation 84 for investigation by the Agency of an action taken in relation to an officer, the relevant authority shall—

(a) furnish to the Director—

(i) the application;

(ii) the request by the officer under regulation 83 for investigation by that authority of the action;

(iii) a copy of the advice given under sub-regulation 83 (3) by that authority to the officer as a result of that investigation;

(iv) any other document relevant to the action or that investigation; and

(v) if necessary, a report on anything done by that authority in connection with that action or that investigation; and

(b) furnish to the officer—

(i) a copy of any document referred to in sub-paragraph (a) (iv); and

(ii) a copy of any report referred to in sub-paragraph (a) (v).

Official directions to be carried out

“86. Where—

(a) under regulation 83 an officer requests the relevant authority to investigate an official direction to the officer; or

(b) under regulation 84 application is made to the Agency for the investigation of an official direction to an officer,

the officer shall, as far as practicable, carry out the direction unless it is withdrawn.

“PART IV—ALLOWANCES”.

Omission of headings

5. The Public Service Regulations are amended by omitting the following headings:

“Division IIIA—Assistance with reimbursement of fees

Division V—Woomera Allowance

Division VI—Broken Hill Allowance

Division VII—Allowances for Members of the Public Service Board”.

Transitional provisions

6. (1) A request made by an officer under former sub-regulation 33a (1), 33b (1) or 33c (1) that was not finally dealt with by the Secretary or the Director, Grievances and Appeals Bureau, Office of the Public Service Board, as the case requires, before the commencement of these Regulations, shall—

(a) if the request was made under former sub-regulation 33a (1)—

(i) in the case of a matter to which former regulation 33e applied—be reviewed by the relevant authority under regulation 77 as if the request had been made by that officer under regulation 77 on that commencement; or

(ii) in any other case—be investigated by the relevant authority under regulation 83 as if the request had been made by that officer under that regulation on that commencement;

(b) if the request was made under former sub-regulation 33b (1)—

(i) in the case of a matter to which former regulation 33e applied—be reviewed by the Agency under regulation 78 as if the request were an application made by that officer under regulation 78 on that commencement; or

(ii) in any other case—be investigated by the Agency under regulation 84 as if the request were an application made by that officer under that regulation on that commencement; or

(c) if the request was made under former sub-regulation 33c (1)—be investigated by the Agency under regulation 84 as if the request were an application made by that officer under that regulation on that commencement.

(2) An officer who, being dissatisfied with the advice given to him by the Secretary under former sub-regulation 33a (3), would, but for these Regulations, have been entitled under former regulation 33b to request the Secretary to refer the matter to the Director, Grievances and Appeals Bureau, Office of the Public Service Board, may—

(a) in the case of a matter to which former regulation 33e applied—apply under regulation 78 to the Agency for review of the decision, as if that matter were a matter to which Division 2 of Part III of the Public Service Regulations, as amended by these Regulations, applies; or

(b) in any other case—apply under regulation 84 for investigation of action taken in relation to the officer in respect of which the officer remains aggrieved, as if that action were action to which Division 3 of Part III of those Regulations, as so amended, applies.

(3) A request made by an officer or employee under former sub-regulation 61u (2) that was not finally dealt with by the Board before the commencement of these Regulations shall continue to be dealt with by the Board under the Public Service Regulations as in force immediately before that commencement as if these Regulations had not been made.

(4) Expressions used in this regulation have the same meaning as they have in the Public Service Regulations as amended by these Regulations.

(5) A reference in this regulation to a former regulation or former sub-regulation by number shall be read as a reference to the regulation or sub-regulation so numbered of the Public Service Regulations as in force immediately before the commencement of these Regulations.

(6) A reference in this regulation to a regulation by number, not being a reference to a former regulation, shall be read as a reference to the regulation so numbered of the Public Service Regulations as amended by these Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 November 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 and 208.

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