Public Employment (Consequential and Transitional) Regulations 1999

Administered by Department of the Prime Minister and Cabinet

Legislation au F1999B00308 Regulations Not in force Legislative Instrument

Legislation content

Public Employment (Consequential and Transitional) Regulations 1999

Statutory Rules 1999 No. 301 as amended

made under the

Public Employment (Consequential and Transitional) Amendment Act 1999

This compilation was prepared on 27 March 2006
taking into account amendments up to SLI 2006 No. 50

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary 

 1.1 Name of Regulations [see Note 1]

 1.2 Commencement [see Note 1]

 1.3 Definitions — the dictionary

Part 2 Transitional provisions relating to the application of the old Act (other than Part IV)             

 2.1 Classifications

 2.2 Appointments under the old Act made but not effective at commencing time

 2.3 Appointments under certain other enactments made but not effective at commencing time

 2.4 SES appointments in progress at commencing time

 2.5 Employment opportunities notified before commencing time

 2.6 Re-appointments made but not effective at commencing time

 2.7 Persons on probation (termination decision made but not effective at commencing time)             

 2.8 Persons on probation at commencing time (no termination decision made before commencing time)

 2.9 Transfers made but not effective at commencing time

 2.10 Promotions made but not effective at commencing time

 2.11 Transfers or promotions on advice of Joint Selection Committee

 2.12 Fixed-term Secretaries

 2.13 Acting Secretaries

 2.14 Public Service Commissioner

 2.15 Public Service Commissioner — annual report for the 1999-2000 financial year             

 2.16 Temporary performance of duties of SES officers

 2.17 Temporary performance of duties of non-SES officers (non-appellable)

 2.18 Temporary performance of duties of non-SES officers (appellable)             

 2.19 Pre-commencement misconduct 

 2.20 Conviction by court 

 2.21 Suspension 

 2.22 Delegations

 2.23 Directions related to delegations

 2.24 Determinations — SES employees’ superannuation benefits

 2.25 Notices — forfeiture of office or employment

 2.26 Review proceedings — certain provisions continue

 2.27 Retirement benefits — SES officers

 2.28 Reduction of classification — non-SES officers

 2.29 Retirements — non-SES officers 

 2.30 Arrangements, agreements and authorisations for reciprocal services

 2.31 Determinations of special terms or conditions of employment

 2.32 Engagements not completed at commencing time — continuing employees

 2.33 Engagements not completed at commencing time — other employees

 2.34 Terminations not completed at commencing time

 2.35 Continuation of short- and fixed-term SES engagements

 2.36 Gazettal of notices

 2.37 Continuing authority for certain payments

 2.38 Interpretation of certain awards, certified agreements and AWAs

 2.39 Determination 162 of 1994

 2.40 Attachment of salaries of officers 

 2.41 Deduction of pecuniary penalty from salary 

 2.42 Whistleblowing 

 2.43 Medical examinations 

Part 3 Transitional provisions relating to rights under Part IV of the old Act             

Division 3.1 First-tier persons 

Subdivision 3.1.1 General rights 

 3.1 Mobility rights of first-tier persons

Subdivision 3.1.2 End of first-tier status 

 3.2 Ceasing to be a first-tier person 

Subdivision 3.1.3 Leave entitlements 

 3.3 Leave 

Subdivision 3.1.4 Return to APS while first-tier person 

 3.4 Transitional period 

 3.5 Notice of return 

Division 3.2 Second-tier persons 

Subdivision 3.2.1 General rights 

 3.6 Mobility rights of second-tier persons

Subdivision 3.2.2 End of second-tier status 

 3.7 Ceasing to be a second-tier person 

Subdivision 3.2.3 Return to APS while second-tier person in certain circumstances             

 3.8

Overview

The Public Employment (Consequential and Transitional) Regulations 1999 were enacted to provide a smooth transition from the old Public Service Act 1922 to the new Public Service Act 1999. These regulations were made under the Public Employment (Consequential and Transitional) Amendment Act 1999 and came into force on 5 December 1999. The primary objective of these regulations is to ensure continuity and maintain the effectiveness of existing appointments, delegations, authorisations, and other instruments in the public service framework during the transition period. The regulations cover a wide range of transitional provisions, including the preservation of classifications, appointments, and other entitlements of public service employees, as well as the continued operation of certain provisions of the old Act and related instruments to facilitate ongoing public service functions.

Scope and Application

The Public Employment (Consequential and Transitional) Regulations 1999, made under the Public Employment (Consequential and Transitional) Amendment Act 1999, govern the transitional application of the Public Service Act 1999, which replaced the Public Service Act 1922. The Regulations apply to individuals and entities within the Australian Public Service (APS) and cover various aspects of employment, including appointments, transfers, promotions, and disciplinary actions. They also address the continuity of certain delegations, authorisations, and instruments after the commencement of the 1999 Act. The Regulations apply across the Commonwealth and include provisions for the transitional treatment of employees' leave, benefits, and other entitlements. The scope of the Regulations is comprehensive, ensuring a smooth transition from the old Act to the new Act by preserving the effectiveness of existing delegations, authorisations, and instruments, and by providing for the continued application of certain provisions of the old Act and associated regulations. The Regulations also include amendments to other Acts to reflect the changes introduced by the new Public Service Act.

Key Provisions

  • The Public Employment (Consequential and Transitional) Regulations 1999 establish the framework for the transition of public service laws and practices from the previous Public Service Act 1922 (old Act) to the new Public Service Act 1999 (new Act). These Regulations provide a detailed transitional mechanism to ensure continuity and smooth operation during the changeover. They cover a wide range of areas including the classification of employees, appointments, promotions, delegations, and the continuity of certain provisions from the old Act. For instance, Section 2.1 addresses the classification of employees under the new Act, ensuring that the name of the classification remains the same as it was under the old Act. Section 2.2 deals with appointments made under the old Act that had not taken effect at the commencement of the new Act, providing for these appointments to be considered as if they were made under the new Act. Moreover, Section 2.12 addresses the transitional provisions for Fixed-term Secretaries, ensuring that their appointments are subject to the terms and conditions of their previous appointments under the old Act until a new determination is made under the new Act.
  • The Regulations also impose obligations on various parties. For example, Section 2.17 mandates that the old Act and old Regulations continue to apply to certain directions given before the commencement of the new Act for the temporary performance of duties of non-SES officers. This ensures that any actions taken under such directions are given effect under the new Act. Furthermore, Section 5.3 requires that delegations made by Secretaries of old Act Departments be considered as made by the corresponding Agency Head under the new Act. This helps maintain the continuity of administrative processes.
  • In terms of consequences for non-compliance, while the Regulations themselves do not explicitly state penalties, breaches of the provisions of the Public Service Act 1999 or the Public Service Regulations 1999 may result in disciplinary action, termination of employment, or other legal consequences as prescribed by the new Act. Additionally, any failure to comply with the transitional provisions could lead to legal challenges or disputes regarding the validity of appointments, classifications, or other employment-related matters.
  • Overall, these Regulations play a critical role in ensuring a seamless transition from the old public service laws to the new regime, maintaining continuity in public service operations and protecting the rights and entitlements of employees during this period of change.

Legal classification tags

Area of Law
Public Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Enforcement Powers
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.