Public Service Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 1191

 

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 25 July 1983.

R W COLE

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 28 July 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

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

 

Commencement

1. These Regulations shall come into operation on 1 August 1983.

Interpretation

2. Regulation 3 of the Public Service Regulations is amended by omitting the definition of “the officer in charge”.

S.R.152/83 Cat No  Recommended retail price 40c  10/21.7.1983

 

Officers to acquaint themselves with Act, Regulations and Determinations

3. Regulation 7 of the Public Service Regulations is amended by omitting “and these Regulations” and substituting “, these Regulations and the determinations made under section 82d of the Act”.

Act, Regulations and Determinations to be available to officers

4. Regulation 8 of the Public Service Regulations is amended by omitting “and these Regulations” (wherever occurring) and substituting “, these Regulations and the determinations made under section 82d of the Act”.

Repeal of regulations 9, 10, 11 and 12

5. Regulations 9, 10, 11 and 12 of the Public Service Regulations are repealed.

Repeal of regulation 14

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 Regulation 14 of the Public Service Regulations is repealed.

Forfeiture of salary or pay for unauthorized absences

7. Regulation 15 of the Public Service Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) Where an officer or employee is required to perform and performs duty in substitution for duty not performed during a period of absence referred to in sub-regulation (1), his salary or pay for that period of absence shall not be forfeited under that sub-regulation and he shall not be entitled to salary or pay for so performing that duty.”.

Repeal of regulations 16a and 17

8. Regulations 16a and 17 of the Public Service Regulations are repealed.

Interpretation of regulations 33, 33a, 33b, 33c, 33d, 33e and 33f

9. Regulation 33 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) “and 33e” and substituting “, 33e and 33f”;

(b) by omitting from sub-regulation (2) “and 33d” and substituting “, 33d and 33e”; and

(c) by omitting from sub-regulation (3) “and 33d” and substituting “, 33 d and 33e”.

10. Regulation 33e of the Public Service Regulations is repealed and the following regulations are substituted:

Personal grievances: inquiries into, and review of, decisions

“33e. (1) Notwithstanding regulation 33d, where a matter affecting an officer—

(a) that is a decision of a Chief Officer refusing approval for the officer to undertake a scheme of study referred to in Public Service Board Determination No. 1983/10; or

(b) that is a decision of a Chief Officer not to authorize the full or partial reimbursement of fees paid by the officer in respect of such a scheme of study,

is referred to the Director under regulation 33b, the Director shall—

(c) inquire into the matter; or

(d) refer the matter to the Board.

“(2) Where the Director inquires under paragraph (1) (c) into a decision of a Chief Officer, the Director shall confirm, vary or set aside the decision.

“(3) Where a matter is referred to the Board under paragraph (1) (d), the Board shall—

(a) review the matter;

(b) confirm, vary or set aside the decision of the Chief Officer; and

(c) advise the Director in writing of its decision in relation to that matter and of its reasons for its decision.

“(4) As soon as practicable after being required to review a matter referred to in paragraph (1) (a) or (b), the Director shall advise the officer, and any Permanent Head who has a responsibility for the matter, in writing of his or the Board’s decision, as the case may be, in relation to the matter and of the reasons for that decision.

“(5) For the purposes of his inquiries under sub-regulation (1) into a matter affecting an officer, the Director may request any person, including the officer and any Permanent Head who has a responsibility for the matter, to provide information or documents in relation to the matter.

Official directions to be carried out

“33f. An officer who has made under regulation 33A, 33B or 33C a request concerning an official direction to him shall, as far as practicable, carry out the direction unless it is withdrawn.”

Repeal of regulation 73a

11. Regulation 73a of the Public Service Regulations is repealed.

Repeal of regulations 75 and 75aa

12. Regulations 75 and 75aa of the Public Service Regulations are repealed.

Repeal of regulations 79a, 79c and 79d

13. Regulations 79a, 79c and 79d of the Public Service Regulations are repealed.

Repeal of regulation 80

14. Regulation 80 of the Public Service Regulations is repealed.

Repeal of regulations 81A and 82

15. Regulations 81a and 82 of the Public Service Regulations are repealed.

Repeal of regulations 88 and 89aa

16. Regulations 88 and 89aa of the Public Service Regulations are repealed.

Repeal of regulation 90aa

17. Regulation 90aa of the Public Service Regulations is repealed.

Repeal of regulations 90c and 90d

18. Regulations 90c and 90d of the Public Service Regulations are repealed.

Repeal of regulation 92

19. Regulation 92 of the Public Service Regulations is repealed.

Repeal of regulations 95c, 96 and 96a

20. Regulations 95c, 96 and 96a of the Public Service Regulations are repealed.

Repeal of regulation 97e

21. Regulation 97e of the Public Service Regulations is repealed.

Repeal of regulation 98ac

22. Regulation 98ac of the Public Service Regulations is repealed.

Repeal of regulations 100a, 100b, 100c, 100d, 100e, 100f, 100g, 100h and 103b

23. Regulations 100a, 100b, 100c, 100d, 100e, 100f, 100g, 100h and 103b of the Public Service Regulations are repealed.

Interpretation of this Part

24. Regulation 139 of the Public Service Regulations is amended by omitting from sub-regulation (3) all words commencing with “other than” and ending with “home.” and substituting “other than an allowance payable under any determination made under section 82d of the Act in respect of—

(a) electricity;

(b) medical, dental or specialist treatment;

(c) accommodation on transfer of a person from one locality to another;

(d) the cost of fares of children attending school away from the locality at which a person is stationed;

(e) education costs of children attending school away from the locality at which a person is stationed; or

(f) the sale or purchase of a home.”.

Transitional

25. Notwithstanding regulation 23 of these Regulations, regulation 100f of the Public Service Regulations continues to apply in relation to any decision that, before the commencement of these Regulations, was the subject of a

request under that regulation by an officer or employee to a Chief Officer and these Regulations shall not apply in relation to that decision.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 July 1983.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 4 and see also Statutory Rules 1983 Nos. 4, 5, 9, 30, 35, 36, 55, 57, 91, 98, 109, 110 and 112.

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