Public Service Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 4711

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 19 December 1984.

P. S. Wilenski

Chairman

G. G. Glenn

Commissioner

R. D. Beale

Acting 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 21 December 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

 

(Sgd) Peter Walsh

Minister of State for Finance for and on behalf of the

Prime Minister

S.R. 406/84 Cat. No. —Recommended retail price 80c 14/18.12.1984

 

Commencement

1. These Regulations shall come into operation on 23 December 1984.

2. The heading to Part V of the Public Service Regulations is omitted and the following headings, regulation and heading are substituted:

“PART V—PROMOTION, TRANSFER AND TEMPORARY PERFORMANCE

“Division 1—General

Interpretation

“104. (1) In this Part—

‘promotion’ has the same meaning as in sub-section 33αaα (1) of the Act;

‘Promotion Appeal Committee’ means a Promotion Appeal Committee established under section 50c of the Act;

‘relevant address’, in relation to an appeal under sub-section 50b (1) of the Act or regulation 116a, means an address to which under sub-regulation 109g (2) the appeal may be delivered;

“(2) For the purposes of this Part, ‘efficiency’, in relation to the selection of an officer to perform the whole or part of the duties of an office, has—

(a) where that office is a Senior Executive Service office—the same meaning as in section 49c of the Act; and

(b) in any other case—the same meaning as in section 50a of the Act.

“(3) In this Part, a reference to an office higher than an office held by an officer shall be read as a reference to an office to which the officer would have to be promoted if the officer were to hold that office.

“(4) In this Part, a reference, in relation to an officer, to a higher office shall be read as a reference to an office that is higher than the office held by the officer.

“(5) In this Part, a reference to an office higher than another office shall be read as including a reference to an office of a higher classification than that other office.

“Division 2—Promotions and transfers—Senior Executive Service”.

Promotions and transfers to Senior Executive Service offices: sub-section 33aaa (1) of the Act: “prescribed day”

3. Regulation 105a of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “48b (1)” and substituting “33aaa (1)”;and

(b) by omitting from sub-regulation (2) “48b (1)” and substituting “33aaa (1)”.

Repeal

4. Part VI of the Public Service Regulations is repealed.

Omission of heading

5. The heading to Part VII of the Public Service Regulations is omitted.

Repeal

6. Regulations 107 to 109h (inclusive) of the Public Service Regulations are repealed and the following regulations and heading substituted:

Application to decline promotion or transfer: Senior Executive Service offices

“107. (1) For the purposes of paragraph 52 (2) (a) of the Act, in relation to a promotion under sub-section 49b (1) of the Act to a vacant Senior Executive Service office, the prescribed day is the fourteenth day after the day on which the promotion was notified in the Gazette under sub-section 49b (4) of the Act.

“(2) For the purposes of paragraph 52 (2) (b) of the Act, the prescribed day is—

(a) in relation to a transfer by the relevant Secretary under paragraph 49 (1) (a) of the Act of a Senior Executive Service officer in a Department to a vacant Senior Executive Service office in that Department—

(i) the day on which the transfer takes effect; or

(ii) the fourteenth day after the day on which the notice of the transfer was given to the officer,

whichever is the earlier; or

(b) in relation to a transfer by the Board under paragraph 49 (1) (b) of the Act of a Senior Executive Service officer in a Department to a vacant Senior Executive Service office in another Department—the fourteenth day after the day on which the transfer was notified in the Gazette under sub-regulation 105b (2).

“Division 4—Promotions and transfers—offices other than Senior Executive Service offices

Promotions and transfers: offices other than Senior Executive Service offices: sub-section 33aaa (1) of the Act: “prescribed day”

“109. (1) For the purposes of the definition of ‘prescribed day’ in sub-section 33aaa (1) of the Act—

(a) in relation to a promotion of an officer under section 50 of the Act—the day referred to in sub-paragraph (a) (i) of that sub-section is the thirty-fifth day after the promotion was notified in the Gazette; and

(b) in relation to a promotion of an officer under section 50da of the Act—the day so referred to is the fourteenth day after the promotion was notified in the Gazette.

“(2) For the purposes of the definition of ‘prescribed day’ in sub-section 33aaa(1) of the Act—

(a) in relation to a transfer of an officer under section 50 of the Act that is required to be notified in the Gazette—the day referred to in sub-paragraph (b) (i) of that sub-section is the fourteenth day after the transfer was so notified;

(b) in relation to a transfer of an officer under section 50da of the Act—the day so referred to is the fourteenth day after the transfer was notified in the Gazette; and

(c) in relation to a transfer of an officer under section 50 of the Act that is not required to be notified in the Gazette—

(i) where the officer has stated in writing that he or she has no objection to the transfer—the day so referred to is the day specified in the notice of the transfer given to the officer as the day on which the transfer takes effect;

(ii) in any other case—the day so referred to is the fourteenth day after the day specified in the notice of the transfer given to the officer as the day on which the transfer takes effect or such later day as is specified in that notice.

Application to decline promotion or transfer: offices other than Senior Executive Service offices

“109a. (1) For the purposes of paragraph 52 (2) (a) of the Act, the prescribed day is—

(a) in relation to a promotion under section 50 of the Act—the thirty-fifth day after the promotion was notified in the Gazette; and

(b) in relation to a promotion under section 50da of the Act—the fourteenth day after the promotion was notified in the Gazette.

“(2) For the purposes of paragraph 52 (2) (b) of the Act, the prescribed day is—

(a) in relation to a transfer of an officer under section 50 of the Act that is required to be notified in the Gazette—the fourteenth day after the transfer was so notified;

(b) in relation to a transfer of an officer under section 50 of the Act that is not required to be notified in the Gazette—

(i) the day on which the transfer takes effect; or

(ii) the fourteenth day after the day on which notice of the transfer was given in writing to the officer,

whichever is the earlier; or

(c) in relation to a transfer of an officer under section 50da of the Act—the fourteenth day after the transfer was notified in the Gazette.

Promotions and transfers: Joint Selection Committee: sub-section 50da (3) of the Act

“109b. (1) For the purposes of paragraph 50da (3) (a) of the Act, ‘principal relevant staff organization’, in relation to the promotion or transfer of an officer to an office included in a class of offices, means—

(a) where there is only one relevant staff organization in relation to that office—that organization; or

(b) in any other case—the relevant staff organization the membership of which includes the larger or largest number of officers occupying offices of that class.

“(2) For the purposes of paragraph 50da (3) (b) of the Act, in relation to a notice given by a Secretary to a relevant staff organization of a proposal that a vacancy be filled by a transfer or promotion under section 50da of the Act, the period of 7 days commencing at the expiration of the day on which that notice is so given is prescribed.

Gazettal of transfers

“109c. A transfer of an officer under section 50 or 50da of the Act that is, to fill a vacancy that was notified in the Gazette shall be notified in the Gazette.

Constitution of Promotion Appeal Committees

“109d. (1) For the purposes of sub-section 50ca (1) of the Act, a Promotion Appeal Committee for the purposes of an appeal under section 50b of the Act against the selection of an officer for promotion to a higher office in a Department or under regulation 116a against the selection of an officer to perform temporarily the duties of a higher office in a Department shall be constituted by—

(a) a Chairman who shall be a person appointed by the Board to be a Chairman of Promotion Appeal Committees;

(b) an officer nominated by the Secretary of that Department; and

(c) an officer nominated by the appropriate organization, being an organization that is registered under the Conciliation and Arbitration Act 1904.

“(2) Subject to sub-regulation (3), in relation to the selection of an officer for promotion to a higher office or to perform temporarily the duties of a higher office, the appropriate organization for the purposes of sub-regulation (1) is an organization the rules of which provide that an officer who occupies that office is eligible for membership of that organization.

“(3) Where, in relation to the selection of an officer for promotion to a higher office or to perform temporarily the duties of a higher office, the rules of more than one organization provide that an officer who occupies that office is eligible for membership, the appropriate organization for the purposes of sub-regulation (1) is the organization the membership of which includes the larger or largest number of officers occupying offices of the class for which that officer has been so selected.

“(4) An officer shall not act as a member of a Promotion Appeal Committee in an appeal in which that officer is the officer selected or the appellant.

“(5) An officer who makes, or takes part in making, a recommendation—

(a) to the relevant Secretary in relation to the selection of another officer for promotion under section 50 of the Act; or

(b) to the Chief Officer in relation to a direction under sub-regulation 116 (1) of another officer to perform temporarily the whole, or a specified part, of the duties of a higher office,

shall not act as a member of a Promotion Appeal Committee that is to determine an appeal against that selection or direction.

“(6) An officer is on duty when acting as a member of a Promotion Appeal Committee.

Privileges of members of Promotion Appeal Committees

“109e. (1) An action or proceeding, civil or criminal, does not lie against a person who is or was a member of a Promotion Appeal Committee, or appointed under regulation 109f, for or in respect of any act or thing done in good faith as a member or as a person so appointed, as the case requires.

“(2) A person who is a member of a Promotion Appeal Committee or who is appointed under regulation 109f is not subject to direction by any other person, or by any body or authority, in respect of any act proposed to be done, or done, as a member or as a person so appointed, as the case requires.

Inquiries by Promotion Appeal Committees

“109f. A Promotion Appeal Committee may, by instrument signed by the Chairman of the Committee—

(a) appoint one or more persons to assist the Committee in making its inquiries under sub-section 50d (1) of the Act; and

(b) give to a person so appointed directions in relation to the kind of assistance that the person is to give to the Committee.

Manner of making appeals

“109g. (1) For the purposes of sub-section 50b (3) of the Act, an appeal against a promotion shall be—

(a) in writing signed by the appellant;

(b) addressed to the Chairman, Promotion Appeal Committee; and

(c) delivered to the relevant address in relation to that appeal within 21 days after the date of notification of the promotion in the Gazette.

“(2) The Board may, by notice published in the Gazette, determine that—

(a) an appeal under sub-section 50b (1) of the Act against the promotion of an officer to an office; or

(b) an appeal under regulation 116a against the selection of an officer for the temporary performance of the duties of an office, being an office included in a specified class of offices, may be delivered only to an address, or to addresses, specified in the notice in respect of that office or of offices included in that class of offices.

“Division 5—Temporary Performance”.

Seniority

7. Regulation 110 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “section 50 of the Act and of regulation 116” and substituting “regulations 116 and 116a”; and

(b) by omitting sub-regulation (6d).

8. Regulations 111 to 117a (inclusive) of the Public Service Regulations are repealed and the following regulations and Part substituted:

Directions to act in another office

“116. (1) The Chief Officer of a Department may, by writing, direct an officer of the Department to perform temporarily the whole, or a specified part, of the duties of an office in the Department other than an office of Secretary.

“(2) Where in selecting an officer to perform in accordance with a direction under sub-regulation (1) the duties of an office it is necessary to select an officer in relation to whom that office is a higher office, the Chief Officer shall select—

(a) where the direction is to perform the duties of an office referred to in Schedule 5—an officer who is the senior efficient officer available;

(b) where the direction is to perform the duties of an officer referred to in Schedule 6—an officer who is the more or the most efficient officer available;

(c) where the direction is to perform the duties of any other office for not more than one month—an officer who is the senior efficient officer available; or

(d) in any other case—an officer who is the more or the most efficient officer available.

“(3) Where the Board has, by writing published in the Gazette,determined that an officer shall not be transferred or promoted to a specified office or to an office included in a specified class of offices unless the officer possesses specified qualifications or has complied with specified conditions, the Chief Officer may, in selecting an officer to perform in accordance with a direction under sub-regulation (1) the duties of an office, select an officer who has those qualifications or has complied with those conditions in preference to an officer who has not those qualifications or has not complied with those conditions notwithstanding that the latter officer is the senior officer.

“(4) A Chief Officer may not under sub-regulation (1) direct a Senior Executive Service officer to perform temporarily the whole or any part of the

duties of an office having a classification that is the same as, or equal to, the classification of the officer.

Appeals against directions to act

“116a. (1) Where in accordance with a direction under sub-regulation 116 (1) an officer is directed to perform or performs for more than one month the whole or part of the duties of a higher office other than a Senior Executive Service office, the selection of the officer to perform those duties is subject to appeal under this regulation.

“(2) An appeal under this regulation against the selection of an officer to perform the whole or part of the duties of an office may be made by an officer in relation to whom that office is a higher office who is available—

(a) where paragraph 116 (2) (a) applies to the office—on the ground that the appellant is senior to the officer selected and is efficient;

(b) where paragraph 116 (2) (b) applies to the office—on the ground of superior efficiency; and

(c) where paragraph 116 (2) (d) applies to the office—on the ground of—

(i) superior efficiency; or

(ii) equal efficiency and seniority.

“(3) Where an appellant is an officer of a Department other than the Department in which is located the office in respect of which a direction is given under sub-regulation (1), the Promotion Appeal Committee that makes inquiries into the claims of the appellant and of the selected officer shall make a report to the Board and the Board shall determine the appeal.

“(4) Where an appeal under this regulation in respect of an office is allowed, the Chief Officer shall revoke the direction given to the officer selected and, unless the appellant is an officer of another Department or the period for which the direction was given has expired, shall give to the successful appellant a direction under sub-regulation (1) to perform the whole or a part of the duties of that office.

“(5) An appeal under this regulation in respect of an office does not lapse by reason only of the fact that the appellant is subsequently given a direction under sub-regulation (1) to perform temporarily for not more than one month the whole or part of the duties of a higher office.

“(6) An appeal under this regulation in respect of an office shall be—

(a) in writing signed by the appellant;

(b) addressed to the Chairman, Promotion Appeal Committee; and

(c) delivered to the relevant address in relation to that appeal at any time before the officer selected ceases to perform the duties of that office.

Determination of appeal under regulation 116a

“116b. Where an appeal is or appeals are made under regulation 116a in respect of the selection of an officer to perform the whole or part of the duties

of an office, the Promotion Appeal Committee shall, on the completion of its inquiries under sub-section 50d (1) of the Act—

(a) if there is one appellant in respect of the selection—allow or disallow the appeal; or

(b) if there are 2 or more appellants in respect of the selection—allow the appeal of one only of those appellants or disallow the appeals.

“Division 6—Miscellaneous

Remote and other localities: transfers

“117. (1) An officer of a Department who is stationed in a locality that is remote or where climatic conditions are severe may apply in writing to the Chief Officer of the Department to be transferred from that locality.

“(2) In considering matters relevant to the selection of an officer to occupy a vacant office in a Department, the Chief Officer of the Department shall give special consideration—

(a) to any application under sub-regulation (1) by an officer of the Department—

(i) who is eligible to occupy that office; and

(ii) who occupies an office of the same, an equal or a higher classification; and

(b) to the duration of the period during which that officer has been stationed in the locality referred to in that sub-regulation.

“PART VI—REDEPLOYMENT AND RETIREMENT OF SENIOR EXECUTIVE SERVICE OFFICERS

Declaration on grounds of invalidity: appeals: periods prescribed

“119. (1) For the purposes of paragraph 76k (3) (a) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against a declaration under sub-section 76k (1) of the Act that the officer is eligible for redeployment, the period prescribed is the period of 21 days commencing on the day on which notice of the making of the declaration is given by the Board to the officer under sub-section 76k (2) of the Act.

“(2) For the purposes of sub-section 76m (1) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the making of a declaration under sub-section 76k (1) of the Act that the officer is eligible for redeployment, the period prescribed is the period of 21 days commencing on the day on which the notice of the making of the declaration is given by the Board to the officer under sub-section 76k (2) of the Act.

Notice of redeployment or retirement: appeals: periods prescribed

“120. (1) For the purposes of paragraph 76l (5) (a) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the giving of a notice to the officer under sub-section 76l (3)

of the Act, the period prescribed is the period of 21 days commencing on the day on which the notice is given by the Board to the officer.

“(2) For the purposes of sub-section 76m (3) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the giving to the officer of a notice under sub-section 76l (3) of the Act, the period prescribed is the period of 21 days commencing on the day on which the notice is given by the Board to the officer.”.

Schedules 5 and 6

9. The Public Service Regulations are amended by adding at the end thereof the following Schedules:

SCHEDULE 5Paragraph 116 (2) (a)

Column 1	Column 2
Item	Office
1...............................................................................................	Assistant, Grade 1
2...............................................................................................	Assistant, Grade 2
3...............................................................................................	Clerical Assistant, Grade 1
4...............................................................................................	Hospital Assistant, Grade 2
5...............................................................................................	Labourer
6...............................................................................................	Lift Attendant
7...............................................................................................	Lineman, Grade 2
8...............................................................................................	Orderly, Grade 1
9...............................................................................................	Quarantine Assistant, Grade 1
10................................................................................................	Storeman
11................................................................................................	Stores Assistant
12................................................................................................	Telephonist

SCHEDULE 6Paragraph 116 (2) (b)

Column 1	Column 2
Item	Office
1...............................................................................................	Assistant Customs Officer
2...............................................................................................	Customs Officer, Band 1
3...............................................................................................	Customs Officer, Band 2
4...............................................................................................	Customs Officer, Band 3
5...............................................................................................	Customs Officer, Band 4
6...............................................................................................	Customs Officer, Band 5
7...............................................................................................	Customs Officer, Band 6
8...............................................................................................	Customs Officer, Band 7
9...............................................................................................	Meat Inspector, Grade 1
10................................................................................................	Meat Inspector, Grade 2
11................................................................................................	Meat Inspector, Grade 3
12................................................................................................	Meat Inspector, Grade 4
13................................................................................................	Meat Inspector, Grade 5
14................................................................................................	Meat Inspector, Grade 6

 

471

Transitional

10. (1) A person who, immediately before the commencement of these Regulations, held office as a Chairman of Promotions Appeal Committees by reason of an appointment under paragraph 109d (1) (a) of the Public Service Regulations shall, on that commencement, be deemed to have been appointed as a Chairman of Promotion Appeal Committees under paragraph 109d (1) (a) of the Public Service Regulations as amended by these Regulations.

(2) A direction given before the commencement of these Regulations under sub-regulation 116 (1) of the Public Service Regulations to perform for a period after that commencement the whole or a specified part of the duties of an office continues in force as if these Regulations had not been made and an appeal may be made under regulation 116 of the Public Service Regulations as in force immediately before that commencement in relation to that direction as if these Regulations had not been made.

(3) An appeal made by an officer under sub-regulation 116 (5) of the Public Service Regulations as in force before the commencement of these Regulations that has not been determined before that commencement continues in force after that commencement as if these Regulations had not been made and any action that could have been taken in relation to that appeal under the Public Service Regulations as so in force may be taken after that commencement as if these Regulations had not been made.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1984.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 14 and see also Statutory Rules 1984 Nos. 14, 54, 80, 107, 112, 140, 141, 142, 211, 234, 247, 253 and 272.

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