Public Service Regulations (Amendment) (Cth)

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Statutory Rules 1984 No. 1401

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 21 June 1984.

P. S. WILENSKI

Chairman

R. J. YOUNG

Commissioner

J. V. MONAGHAN

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 27 June 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

 

(Sgd) J.S. Dawkins

Minister of State for Finance for and on behalf of the

Prime Minister

S.R. 156/84 Cat. No. Recommended retail price 40c 11/20.6.1984

 

Commencement

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

2. After regulation 70 of the Public Service Regulations the following Division is inserted:

“Division IIIADiscrimination in employment”

Declaration of matters for the purposes of sub-section 33 (3) of the Act: specified offices

“71. Discrimination on the ground of age in relation to the exercise of a power under the Act in respect of appointment, transfer or promotion of a person to an office specified in an item in the following table, being discrimination that is essential for the effective performance of the duties to which the appointment, transfer or promotion relates and that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, is declared not to be discrimination for the purposes of sub-section 33 (3) of the Act if that person has not attained the age specified in that item:

Column 1 Item

Column 2

Office

Column 3 Age

1

Air Traffic Controller-in-Training

20

2

Trainee Air Traffic Controller

18

3

Trainee Flight Service Officer

18

4

Aeronautical Telecommunications Officer-in-Training

18

5

Communications Officer, Department of Aviation

18

6

Assistant Customs Officer

18

7

Apprentice

15

Declaration for the purposes of sub-section 33 (3) of the Act: age requirement under State or Territory laws

“71a. Discrimination on the grounds of age in relation to the exercise of a power under the Act in respect of the appointment of a person to an office where the employment of that person in that office would be inconsistent with a law of a State or Territory specifying the minimum age a person is required to attain before that person may be employed, being discrimination that is essential for the effective performance of the duties to which the appointment relates and that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, is declared not to be discrimination for the purposes of sub-section 33 (3) of the Act.”.

Seniority

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

(a) by omitting sub-regulations (3), (4), (5), (6), (6a), (6aa), (6ab), (6ac) and (6ad) and substituting the following sub-regulations:

“(2) The seniority date of an officer who—

(a) was appointed to the Service before 1 June 1966; and

(b) was, immediately before the coming into operation of section 15 of the Public Service Acts Amendment Act 1982, an officer of the Fourth Division,

is, in relation to the offices that were in that Division immediately before the coming into operation of that section, the date of appointment of that officer.

“(3) The seniority date of an officer who—

(a) was appointed to the Service on or after 1 June 1966; and

(b) was, immediately before the coming into operation of section 15 of the Public Service Acts Amendment Act 1982, an officer of the Fourth Division,

is, in relation to the offices that were in that Division immediately before the coming into operation of that section, the date of commencement of duties of that officer.

“(4) Subject to sub-regulation (6), the seniority date of an officer who—

(a) was appointed to the Service before 1 June 1966; and

(b) was, immediately before the coming into operation of section 15 of the Public Service Acts Amendment Act 1982, an officer of the Second or Third Division,

is, in relation to the offices that were in the Second or Third Division, as the case may be, immediately before the coming into operation of that section, the date of appointment of that officer.

“(5) Subject to sub-regulation (6), the seniority date of an officer who—

(a) was appointed to the Service on or after 1 June 1966; and

(b) was, immediately before the coming into operation of section 15 of the Public Service Acts Amendment Act 1982, an officer of the Second or Third Division,

is, in relation to the offices that were in the Second or Third Division, immediately before the coming into operation of that section, the date of commencement of duties of that officer.

“(6) The seniority date of an officer who, before the coming into operation of section 15 of the Public Service Acts Amendment Act 1982, entered the Third Division from the Fourth Division after more than 2 years service in the Fourth Division, shall, for the purposes of sub-regulation (4) or (5), be a date 2 years before the officer entered the Third Division from the Fourth Division.

“(6a) For the purposes of sub-regulations (3) and (5) an officer shall be deemed to have been appointed to the Service on or after 1 June 1966, if the certificate of appointment in respect of the officer was issued by the Board on or after that date.”;

(b) by omitting from sub-regulation (6ae) “(6aa) and (6ab) of this regulation” and substituting “(3) and (5)”;

(c) by omitting from sub-regulation (6b) all the words after “of this regulation,” and substituting “be deemed to have been appointed to the Service on the date of commencement of the period of service by him as a person employed at the Melbourne Branch or at the Perth Branch of the Royal Mint that is continuous with his service as an officer of the Service.”; and

(d) by omitting from sub-regulation (7) all the words after “any officer” and substituting “who is appointed under the provisions of section 47b, 81c or 81n of the Act.”.

Repeal of regulation 112

4. Regulation 112 of the Public Service Regulations is repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 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 and 112.

 

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