EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 351
ISSUED FOR AND ON BEHALF OF THE PRIME MINISTER BY THE AUTHORITY OF THE MINISTER ASSISTING THE PRIME MINISTER ON PUBLIC SERVICE MATTERS
MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS (AMENDMENT)
The Merit Protection (Australian Government Employees) (MP(AGE)) Regulations (Amendment) enable Promotion Appeal Committees (PACs) established in accordance with Division 2 of Part II of the Merit Protection (Australian Government Employees) (MP(AGE)) Act 1984 to require relevant documentation within a specified time from parties to appeals and enable the Merit Protection and Review Agency (the Agency) established in accordance with Division 1 of Part II of the MP(AGE) Act to request information respecting a party to an appeal from the Secretary of a relevant department, by inserting new Regulations 5A - 5C into the existing MP(AGE) Regulations.
Regulation 5A provides that parties must provide a statement of their case to the PAC within 7 days of instituting or being notified of an appeal or within a longer time as specified in a notice from the Agency to the party. If a party fails to comply with the requirement the PAC must take steps to ensure that the party is aware of the requirement and may grant an extension of time to provide the statement to parties reasonably needing an extension.
Regulation 5B provides that the Agency may request in writing the Secretary of a department that made a promotion or selection for temporary performance in a higher office to provide written information respecting a party to an appeal by a specified date and that the Secretary must comply as far as possible with the request.
Regulation 5C permits a PAC to proceed to determine an appeal when a party and/or a Secretary fails to provide the relevant documentation within the relevant time, provided, in the case of parties, that the PAC has taken steps to ensure a party is aware of the requirement to provide a statement, and in the case of a Secretary, that the PAC is of the opinion that non-compliance with the request for information is not likely to significantly affect its decision or that it is not practicable to seek any, or further, information. Regulation 5C also permits a PAC to adjourn or defer consideration of an appeal.
It is intended that these amendments take effect on notification.