Public Service Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 51

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 Regulation.

Dated 14 January 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 Regulation.

Dated 19 January 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Prime Minister

S.R. 336/82 Cat. No. Recommended retail price 40c 11/13.1.1983

 

Conditions of transfer or promotion from Fourth Division to Third Division

Regulation 112 of the Public Service Regulations is amended—

(a) by omitting paragraph (1) (a) and substituting the following paragraphs:

“(a) the officer has passed, before 1 February 1983, examinations in at least 4 subjects, being examinations held by or on behalf of the Board;

(ab) the officer has passed an examination in each of at least 4 subjects approved by the Board, being an examination referred to in paragraph (1) (a), (1) (b), (1) (ba) or (1) (d);”;

(b) by omitting paragraphs (1) (ba) and (1) (bb) and substituting the following paragraphs:

“(ba) the officer has passed, before 1 January 1984, examinations conducted by the Defence Force in at least 4 subjects, being subjects in relation to which the Defence Force issues a Services General Certificate of Education;

(bb) in the case of an officer appointed to the Service before 1 February 1983—an Australian university has before that date confirmed that the officer is qualified for unconditional admission as a matriculated student at that Australian university;

(bba) the officer—

(i) has completed at an Australian university the first year of full-time study in a degree course of that university; or

(ii) has completed an amount of study that the Board, having regard to the rules of an Australian university, determines to be the equivalent of the first year of full-time study in a degree course of that university;”;

(c) by omitting from paragraph (1) (c) “of an Australian college of advanced education or”;

(d) by inserting after paragraph (1) (c) the following paragraph:

“(ca) the officer has qualifications gained in a country other than Australia, being qualifications that, in the opinion of the Board, are of a standard at least equal to the standard of—

(i) a degree, diploma or associate diploma conferred or awarded by an Australian college of advanced education on the completion of an approved course of that college; or

(ii) a certificate (other than a trade certificate), diploma, or associate diploma of the kind referred to in sub-paragraph (g) (i) or (g) (ii);”;

(e) by omitting from sub-paragraph (1) (d) (iv) “or”;

(f) by omitting paragraph (1) (e) and substituting the following paragraphs:

“(e) in the case of an officer, appointed to the Service before 1 February 1983—an Australian college of advanced education has, before that date, confirmed that that officer is qualified for admission as a student to a degree course of the college;

(f) the officer—

(i) has completed at an Australian college of advanced education the first year of full-time study in an approved degree or diploma course of that college of advanced education;

(ii) has completed studies that the Board, having regard to the rules of an Australian college of advanced education, determines to be the equivalent of the first year of full-time study in an approved degree or diploma course of that college of advanced education; or

(iii) has completed an approved associate diploma course at an Australian college of advanced education;

(g) the officer—

(i) has completed at an institution under the control of a technical and further education authority the first and second years of full-time study in a certificate, diploma or associate diploma course (other than a trade certificate course) accredited by that authority; or

(ii) has completed studies that the Board, having regard to the rules of a technical and further education authority, determines to be the equivalent of the first and second years of full-time study in a certificate, diploma or associate diploma course (other than a trade certificate course) accredited by that authority;

(h) the officer has completed —

(i) the Special Bridging Course for Aboriginals conducted by the Western Australian Institute of Technology at a standard qualifying the officer for admission, without the fulfillment of a further condition, to a degree course at that Institute; or

(ii) the course in Business Studies or General Studies conducted by the Tranby Aboriginal Co-operative College; or

(j) the officer has been granted the Level III Aboriginal Teacher’s Aide Certificate of the University of Sydney.”;

(g) by omitting sub-regulation (1AA) and substituting the following sub-regulation:

“(1ΑΛ) For the purposes of sub-regulation (1) —

‘approved course’ means a course that has been approved by the Australian Council on Awards in Advanced Education for inclusion in its Register;

‘college of advanced education’ has the same meaning as in the Commonwealth Tertiary Education Commission Act 1977;

‘technical and further education authority’ means—

(a) the Department of Education of the Commonwealth;

(b) the Department of Technical and Further Education of the State of New South Wales;

(c) the Department of Education of the Northern Territory;

(d) the Department of Education of the State of Queensland;

(e) the Department of Further Education of the State of South Australia;

(f) the Education Department of the State of Tasmania;

(g) the Education Department of the State of Western Australia;

(h) the Victorian Technical and Further Education Board.”;

(h) by omitting the table in sub-regulation (1a) and substituting the following table:

Column 1	Column 2
Examination	Level
New South Wales—
Higher School Certificate Examination conducted in 1978 or a subsequent year	(a) In the case of the 2 unit A level course or above, a scaled mark within or above the 31-40 percentile band
(b) In the case of 2, 3 or 4 unit courses, a scaled mark which on an one unit basis is equal to, or greater than, the scaled mark cut-off (on an one-unit basis) in the 31-40 percentile band for the 2 unit A level course, or in the case of 3 or 4 unit courses where there is no corresponding 2 unit A level course in the subject, the 2 unit course
Higher School Certificate Examination conducted in 1976 or 1977	Grades 1, 2 and 3 in 2 unit A or higher level courses
Higher School Certificate Examination conducted in any of the years 1968 to 1975 (inclusive)	Grades 1, 2, 3 and 4 in 3 unit or 4 unit courses Level 3 or a higher level
Leaving Certificate Examination conducted in 1967 or a preceding year	Level B or a higher level
Matriculation Examination conducted by the University of Sydney before the year 1967	Level B or a higher level
Matriculation Examination conducted by the University of Sydney in the year 1967 or a subsequent year	Level 3 or a higher level

 

Column 1	Column 2
Examination	Level
New South Wales Department of Technical and Further education Diploma Entrance Examination conducted in 1966 or a subsequent year	Pass
New South Wales Department of Technical Education Qualifying and Matriculation Examination conducted in 1965 or a preceding year	Pass
Victoria—
Higher School Certificate Examination conducted in 1981 or a subsequent year	Grades Α-D or a descriptive statement indicating satisfactory completion of a subject or a unit
Higher School Certificate Examination conducted in any of the years 1970 to 1980 (inclusive)	Grades A-D
Tertiary Orientation Year Examination	Pass
College of Advanced Education Diploma Preliminary Year Examination	Pass
Matriculation Examination conducted in 1969 or a preceding year	Pass
Leaving Certificate Examination conducted before the year 1944	Pass
South Australia and Northern Territory
Secondary School Certificate conducted in 1981 or a subsequent year	Grades A-C
Matriculation Examination conducted in 1980 or a subsequent year	A scaled score in the range 50-100
Matriculation Examination conducted in the years 1966 to 1979	Grades A-D
Leaving Certificate Examination conducted in 1965 or a preceding year	Pass
Western Australia
Certificate of Secondary Education in 1976 or a subsequent year	Grades 1-7 on the Certificate of Secondary Education or ASAT moderated grades 1-7 on the Comparing Subjects Information Folder issued by the Western Australian Board of Secondary Education
Tertiary Admissions Examination conducted in 1976 or a subsequent year	A scaled score in the range 50-100
Tertiary Admissions Examination conducted in 1975	Grades A-D
Leaving Examination conducted in 1974 or a preceding year	Pass
Technical Education Division Tertiary Admissions Examination Standard Examination conducted in 1979 or a subsequent year	Grades A-C
Technical Education Division Leaving Standard Examination conducted in 1978 or a preceding year	Pass
University of Western Australia Matriculation Examination conducted in 1969 or a preceding year	Pass
Tasmania —
Higher School Certificate Examination	A lower pass or higher in a level III subject, or a pass or higher in a level II or level III division 1 subject
University of Tasmania Matriculation Examination	Ordinary level or above

 

Column 1	Column 2
Examination	Level
In relation to an officer appointed before 28 January 1977—
(i) the Schools Board Certificate Examination held before 1 March 1960	Pass
(ii) the Schools Board Certificate Examination held on or after 1 March 1960 and before 31 August 1969	Pass certificate endorsed “A”
Australian Capital Territory —
Year 12 Certificate conducted in 1977 or a subsequent year	A Course Score in the range of 57-100 on an accredited course, or a Course Score or a Scaled Score in the range of 50-100 on a course accredited for tertiary entrance

(j) by omitting sub-regulation (1g);

(k) by omitting from sub-paragraph (2) (b) (iii) “or” (last occurring);

(l) by omitting from sub-paragraph (2) (b) (iv) “and” (last occurring);

(m) by inserting after sub-paragraph (2) (b) (iv) the following sub-paragraphs:

“(v) in the case of a transfer or promotion (other than a promotion under section 53b of the Act) to fill a vacancy in an office of Clerk Class 2/3 or an office of equivalent or higher status, in relation to which a notice inviting applications has appeared in the Gazette, the officer was, on the date on which the notice appeared in the Gazette, a prescribed person for the purposes of this paragraph; or

(vi) in the case of a transfer or promotion (other than a promotion under section 53b of the Act) to fill a vacancy in an office of Clerk Class 2/3 or an office of equivalent or higher status, being a vacancy in relation to which a notice inviting applications has not appeared in the Gazette, the officer is, on the date of the decision to fill that vacancy, a prescribed person for the purposes of this paragraph; and”; and

(n) by inserting after sub-regulation (2) the following sub-regulations:

“(2A) In sub-paragraphs (2) (b) (v) and (2) (b) (vi), a reference to a prescribed person for the purposes of that paragraph shall be read as a reference to a person who is an officer in a Department or an officer in a public authority within the meaning of Part IV of the Act, and—

(a) has been an officer, either in a Department or in a public authority within the meaning of Part IV of the Act or both, for a continuous period of not less than 5 years on or after 1 February 1983; or

(b) in the case of a person who, immediately before becoming, or last becoming, an officer was, during a continuous period, temporarily employed in a full-time capacity in a Department or in 2 or more Departments in succession— has been an officer for a continuous period which, together with the last-mentioned continuous period, is not less than a period of 5 years on or after 1 February 1983; or

(c) in the case of an officer who, when last being an officer, after ceasing to be an officer on or after 1 February 1983, had satisfied the requirements in paragraphs (a) or (b) before or on that date.

“(2b) For the purposes of sub-regulation (2a)—

(a) an officer or an employee is to be deemed to have performed duties as an officer or to have been engaged in employment in a Department, or in a public authority within the meaning of Part IV of the Act, as the case may be, during—

(i) any period of paid leave of absence;

(ii) any continuous period of leave of absence without pay that did not exceed 4 weeks; or

(iii) any period of leave of absence, without pay, being a period in respect of which the officer or employee was entitled to receive compensation under the Compensation (Commonwealth Government Employees) Act 1971;

(b) an officer is to be deemed to have performed duties as an officer during any period of leave without pay from a Department whilst engaged in eligible public employment within the meaning of Part IV of the Act; and

(c) an officer is deemed to have performed duties as an officer during any period of leave without pay from a public authority within the meaning of Part IV of the Act.

“(2c) In the computation, in relation to a person, being a prescribed person for the purposes of sub-regulation (2a), of any period referred to in sub-regulation (2a), any period, other than a period referred to in sub-paragraph (2b) (a) (i) or (2b) (a) (ii) or in paragraph (2b) (b), during which the person was on leave of absence without pay shall be disregarded and the periods during which the person performed duties as an officer or was engaged in employment in a Department, as the case may be, being the period immediately preceding such a period of leave of absence and the period immediately following such a period of leave of absence, shall be treated as a continuous period.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 January 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 No. 4

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