Public Service Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 2571

 

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 2 September 1982.

R W COLE

Chairman

R J YOUNG

Commissioner

G G GLENN

Deputy of a 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 23 Sept 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

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

 

Applications, how made

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 Regulation 6 of the Public Service Regulations is repealed.

 

S.R. No. 121/82 Cat. No. Recommended retail price 20c 12/34.8.1982

 

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 Regulation 33 of the Public Service Regulations is repealed and the following regulations are substituted:

Interpretation of regulations 33, 33a, 33k, 33c, 33d and 33e

“33. (1) In this regulation and in regulations 33a, 33b, 33c, 33d and 33e, a reference to an officer includes a reference to an employee.

“(2) In regulations 33b, 33c and 33d, ‘the Director’ means the Director, Grievance and Appeals Bureau, Office of the Public Service Board.

“(3) In regulations 33a, 33b, 33c and 33d, a reference to a matter affecting an officer shall be read as a reference to a matter that affects the officer in his capacity as an officer other than—

(a) the classification of an office;

(b) the rate of salary applicable to an office;

(c) the conditions of service, or employment, of officers in so far as those conditions are set out in, or under, a law of the Commonwealth, other than a matter concerning the application of those conditions to the officer;

(d) a matter arising under the Australian Security Intelligence Organization Act 1956, the Compensation (Commonwealth Government Employees) Act 1971 or the Superannuation Act 1976; or

(e) a matter in respect of which the officer has, under the Commonwealth Employees (Redeployment and Retirement) Act 1979, the Public Service Act 1922 or these Regulations (other than regulations 33a, 33b, 33c or 33d), a right of review or appeal, whether or not that right has been exercised.

Personal grievances—requests for inquiries by the Permanent Head

“33A. (1) An officer aggrieved by a matter affecting him for which the Permanent Head of the Department in which the officer performs his duties has a responsibility may request the Permanent Head to inquire into the matter.

“(2) A request under sub-regulation (1) by an officer to the Permanent Head to inquire into a matter shall—

(a) describe the matter in writing;

(b) set out the reasons why the officer is aggrieved; and

(c) be furnished—

(i) in the case of a matter that concerns the conduct of the supervisor of the officer—to the Permanent Head; or

(ii) in any other case—to the supervisor of the officer who shall, as soon as practicable, refer the application to the Permanent Head.

“(3) As soon as practicable after receiving from an officer a request to inquire into a matter, the Permanent Head shall—

(a) inquire into the matter in any manner he thinks fit; and

 

(b) advise the officer in writing of the results of his inquiries, of his decision in relation to the matter and of his reasons for his decision.

“(4) For the purposes of his inquiries under sub-regulation (1) into a matter affecting an officer, the Permanent Head may request any person, including the officer, to provide information or documents relevant to the matter.

Personal grievances—requests for review by the Director of inquiries by the Permanent Head

“33b. (1) An officer who is dissatisfied with the advice given to him under sub-regulation 33a (3) by the Permanent Head in relation to a matter may, in writing, request the Permanent Head to refer the matter to the Director for review.

“(2) On receiving from an officer a request to refer a matter to the Director for review, the Permanent Head shall furnish to the Director a copy of—

(a) the request;

(b) the request made by the officer under sub-regulation 33a (1);

(c) the advice given to the officer under sub-regulation 33a (3); and

(d) any other document relevant to the matter,

and where necessary shall furnish to the Director a report on the matter.

“(3) The Permanent Head shall furnish to an officer who requests him to refer a matter to the Director for review a copy of any report on the matter furnished to the Director under sub-regulation (2) and of any document referred to in paragraph (2) (d).

Personal grievances—requests for inquiries by the Director

“33c. (1) An officer aggrieved by a matter affecting him for which the Permanent Head of the Department in which the officer performs his duties has no responsibility may request the Director to inquire into the matter.

“(2) A request under sub-regulation (1) by an officer to the Director to inquire into a matter shall—

(a) describe the matter in writing;

(b) set out the reasons why the officer is aggrieved; and

(c) be furnished to the Director.

Personal grievances—functions of the Director and the Board

“33d. (1) Where a matter is referred under regulation 33b to him for review or a request is made under regulation 33c to him to inquire into a matter, the Director shall—

(a) inquire into the matter in any manner he thinks fit;

(b) refer any aspect of the matter to the Board for review and inquire into the other aspects of the matter in any manner he thinks fit; or

(c) refer the matter to the Board for review.

 

“(2) The Board shall review in any manner it thinks fit a matter or any aspect of a matter referred to it under sub-regulation (1) and shall advise the Director in writing of the results of its review, of its decision in relation to the matter and of its reasons for its decision.

“(3) As soon as practicable after being required to review or inquire into a matter affecting an officer, the Director shall advise the officer, and any Permanent Head who has a responsibility for the matter, in writing of the results of his inquiries into the matter, or of the results of the review by the Board of the matter, as the case requires, of his or the Board’s decision in relation to the matter and of the reasons for that decision.

“(4) 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

“33e. 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”.

Transitional

3. (1) In this regulation—

(a) “the repealed regulations” means regulations 6 and 33 of the Public Service Regulations as in force immediately before these Regulations come into operation; and

(b) “the new regulations” means regulations 33, 33a, 33b, 33c, 33d and 33e of the Public Service Regulations as in force after these Regulations come into operation.

(2) Notwithstanding regulations 1 and 2, the repealed regulations continue to apply in relation to any matter that, before the commencement of these Regulations, was referred in writing under the repealed regulations by an officer or employee to a Chief Officer and the new regulations shall not apply in relation to that matter.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 October 1982.

2. Statutory Rules 1935 No. 18 as amended to dale. For previous amendments see Note 2 to Statutory Rules 1982 No. 30 and see also Statutory Rules 1982 Nos. 30, 40, 41, 54. 61, 75 and 87.

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