Public Service Regulations (Amendment) (Cth)

Statutory Rules 1984 No.2721

 

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 24 September 1984.

P.S. WILENSKI

Chairman

R.J. YOUNG

Commissioner

G.G. GLENN

Commissioner

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated 26 September 1984

(Sgd) James Ramsay

Administrator

By His Excellency’s Command,

(Sgd) J. S. Dawkins

Minister of State for Finance for and on behalf of the Prime Minister

 

Commencement

1. These Regulations shall come into operation on 1 October 1984.

 

S.R. 275/84 Cat. No. Recommended retail price 40c  13/21.9.1984

 

2.After Part III of the Public Service Regulations the following Parts are inserted:

“PART V—SENIOR EXECUTIVE SERVICE

Notification of vacancies

“105. (1) For the purposes of sub-section 33AA (1) of the Act, the period prescribed is 6 months.

“(2) For the purposes of sub-section 33AA (2) of the Act, the period prescribed is 6 months.

Transfers and promotions: interpretation of “prescribed day” in sub-section 48b (1) of the Act

“105a. (1) For the purposes of sub-paragraph (a) (i) of the definition of ‘prescribed day’ in sub-section 48b (1) of the Act, in relation to a promotion under section 49b of the Act of an officer to a vacant Senior Executive Service office, the day is the fourteenth day after the day on which the promotion is notified in the Gazette.

“(2) For the purposes of sub-paragraph (b) (i) of the definition of ‘prescribed day’ in sub-section 48b (1) of the Act—

(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 any vacant Senior Executive Service office in the Department, the day is—

(i) in a case where the views of the officer in relation to the transfer, being views to which the relevant Secretary had regard under paragraph 49 (2) (b) of the Act, include the view that the officer has no objection to the transfer—the day specified in the notice of the transfer given to the officer under sub-section 49 (4) of the Act; or

(ii) in any other case, the day specified in that notice, or the fourteenth day after the day on which that notice was given to the officer, whichever is the later; 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 any vacant Senior Executive Service office in another Department, the day is the fourteenth day after the day on which the transfer is notified in the Gazette under sub-regulation 105b (2).

Gazettal of transfers

“105b. (1) A transfer by the relevant Secretary under paragraph 49 (1) (a) of the Act of a Senior Executive Service officer in a Department to any vacant Senior Executive Service office in the Department shall, where the transfer is to fill a vacancy notification of which was published in the Gazette under paragraph 33aa (2) (a) of the Act, be notified in the Gazette.

 

“(2) A transfer by the Board under paragraph 49 (1) (b) of the Act of a Senior Executive Service officer in a Department to any vacant Senior Executive Service office in another Department shall be notified in the Gazette.

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

Declaration on grounds of invalidity: appeals: periods prescribed

“106. (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

“106a. (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.”.

Temporary performance of duties

3. Regulation 116 of the Public Service Regulations is amended by adding at the end thereof the following sub-regulation:

“(12) This regulation applies in relation to the temporary performance of the whole or a part of the duties of a Senior Executive Service office as if sub-regulations (5) to (11) (inclusive) were omitted”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 September 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 and 253.

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