Public Service Legislation Amendment Act 1995

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A05003 Not in force Act

Legislation content

Public Service Legislation Amendment Act 1995

No. 153 of 1995

CONTENTS

Section

1. Short title

2. Commencement

3. Schedule

SCHEDULE

AMENDMENTS OF ACTS

Merit Protection (Australian Government Employees) Act 1984

Public Service Act 1922


Public Service Legislation Amendment Act 1995

No. 153 of 1995

 

An Act to amend the Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922, and for related purposes

[Assented to 16 December 1995]

The Parliament of Australia enacts:

Short title

  1. This Act may be cited as the Public Service Legislation Amendment Act 1995.


Commencement

2.       This Act commences on the day on which it receives the Royal Assent.

Schedule

3. The Acts specified in the Schedule to this Act are amended in accordance with the Schedule, and the other items in the Schedule have effect according to their terms

______________


SCHEDULE Section 3

AMENDMENTS OF ACTS

Merit Protection (Australian Government Employees) Act 1984

1. Subsection 3(1) (definition of member):

Omit “Director”, substitute “Merit Protection Commissioner”.

2. Subsection 3(1) (definitions of Commissioner, Director, full-time member and part-time member):

Omit the definitions.

3. Subsection 17(5):

Omit “Commissioner”, substitute “Public Service Commissioner”.

4. Subparagraph 23(1)(b)(i):

Omit “Commissioner” (wherever occurring), substitute “Public Service Commissioner”.

5. Paragraph 28(1)(b):

Omit “Commissioner”, substitute “Public Service Commissioner”.

6. Subsection 28(2):

Omit “Commissioner”, substitute “Public Service Commissioner”.

7. Paragraph 33(b):

Omit “Commissioner”, substitute “Public Service Commissioner”.

8. Paragraph 39(7)(e):

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.

9. Section 44:

Omit “Commissioner” (wherever occurring), substitute “Public Service Commissioner”.

10. Section 56:

Omit “Commissioner” (wherever occurring), substitute “Public Service Commissioner”.

11. Section 59:

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.


SCHEDULE—continued

12. Section 60:

Omit “Director”, substitute “Merit Protection Commissioner”.

13. Subsection 61(3):

Omit “Director”, substitute “Merit Protection Commissioner”.

14. Subsection 61(6):

Omit “Director”, substitute “Merit Protection Commissioner”.

15. Section 62:

Omit “Director”, substitute “Merit Protection Commissioner”.

16. Paragraph 63(1)(a):

Omit “Director”, substitute “Merit Protection Commissioner”.

17. Subsection 63(2):

Omit “Director”, substitute “Merit Protection Commissioner”.

18. Subsections 63(3), (4), (5) and (6):

Omit the subsections, substitute:

“(3) The Merit Protection Commissioner must only be appointed after consultations, by the Minister or his or her representative, with the Australian Council of Trade Unions and the Public Service Commissioner.

“(4) Any other member must only be appointed after consultations by the Minister or his or her representative, with the Australian Council of Trade Unions, the Public Service Commissioner and the Merit Protection Commissioner.

“(5) The Merit Protection Commissioner must be appointed on a full-time basis. Any other member must be appointed on a part-time basis.”.

19. Subsection 63(7);

Omit “Director”, substitute “Merit Protection Commissioner”.

20. Subsection 63(9):

Omit “subsection (6)”, substitute “subsection (3) or (4)”.

21. Subsection 64(1):

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.

22. Subsection 66(1):

Omit “a full-time member”, substitute “the Merit Protection Commissioner”.


SCHEDULE—continued

23. Paragraph 66(2)(a):

Omit “a full-time member”, substitute “the Merit Protection Commissioner”.

24. Paragraph 66(2)(b):

Omit “a part-time member”, substitute “any other member”.

25. Section 67:

Omit “a full-time member shall not”, substitute “the Merit Protection Commissioner must not”.

26. Section 69:

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.

Note: The heading to section 69 is altered by omitting “Director” and substituting “Merit Protection Commissioner”.

27. Paragraph 70(1)(a):

Omit “, on a full-time or part-time basis,”.

28. Paragraphs 70(1)(b) and (c):

Omit the paragraphs, substitute:

“or (c) to act as a member during any period, or during all periods, when the member is absent from Australia or is, for any reason, unable to perform the duties of his or her office.”.

29. Subsection 70(9):

Omit “Director”, substitute “Merit Protection Commissioner”.

30. Subsections 71(2), (3), (4), (8) and (9):

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.

31. Paragraph 75(7)(b):

Omit “a full-time member”, substitute “the Merit Protection Commissioner”.

32. Paragraph 75(7)(c):

Omit “a part-time member”, substitute “any other member”.

33. Section 77:

Repeal the section.


SCHEDULE—continued

34. Section 79:

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.

Note: The heading to section 79 is altered by omitting “Director” and substituting “Merit Protection Commissioner".

35. Subsection 79(1):

Omit “Director’s”, substitute “Merit Protection Commissioner’s”.

36. Paragraph 81(l)(a):

Omit “Director”, substitute “Merit Protection Commissioner”.

37. Paragraph 82(2)(b):

Omit the paragraph, substitute:

“or (b) a person appointed or employed, under section 18B of the Public Service Act 1922, for the purposes of this Act; or”.

38. Paragraph 82(2)(c):

Omit “Director”, substitute “Merit Protection Commissioner”.

39. Paragraph 84(1)(b):

Omit the paragraph, substitute:

“or (b) a person appointed or employed, under section 18B of the Public Service Act 1922, for the purposes of this Act; or”.

40. Paragraph 84(1)(c):

Omit “Director”, substitute “Merit Protection Commissioner”.

41. Subsections 84(6), (7) ‘and (8):

Omit “Director” (wherever occurring), substitute “Merit Protection Commissioner”.

42. Transitional—Director of the Agency

(1) The appointment of the person who held office as the Director under the Merit Protection (Australian Government Employees) Act 1984 immediately before the commencement of this Act continues in force, on the same terms and conditions, after that commencement as though it were an appointment as the Merit Protection Commissioner.

(2) Anything done by the Director under the Merit Protection (Australian Government Employees) Act 1984 before the commencement of this Act is taken, after that commencement, to have been done by the Merit Protection Commissioner.


SCHEDULE—continued

43. Transitional—staff of the Agency

On the commencement of this Act, a person who immediately before that commencement was a member of the staff referred to in subsection 77(1) of the Merit Protection (Australian Government Employees) Act 1984 is taken:

(a) to be a person appointed or employed, on the same terms and conditions, under section 18B of the Public Service Act 1922 (as amended by this Act); and

(b) to have been so appointed or employed for the purposes of the Merit Protection (Australian Government Employees) Act 1984.

Public Service Act 1922

44. Subsection 18B(1):

After “the Commissioner’s functions,” insert “or required for the purposes of the Merit Protection Act,”.

 

[Minister's second reading speech made in—

House of Representatives on 28 September 1995 Senate on 16 October 1995]

Overview

The Public Service Legislation Amendment Act 1995 was enacted by the Parliament of Australia to address gaps and update provisions within the Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922. This amendment aimed to modernise the governance and administrative framework of the public service by redefining roles and responsibilities within the Merit Protection system. The Act introduced significant changes, including the substitution of the term "Director" with "Merit Protection Commissioner" and replacing the term "Commissioner" with "Public Service Commissioner" across various sections of the amended Acts. Additionally, it introduced new consultation requirements for the appointment of the Merit Protection Commissioner and other members, ensuring broader stakeholder engagement in the process. This legislative update was critical in aligning the public service framework with evolving governance practices and ensuring the integrity and efficiency of the public service.

Scope and Application

The Public Service Legislation Amendment Act 1995 amends the Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922, introducing significant changes to the definitions and roles within these Acts. Specifically, it replaces the term "Director" with "Merit Protection Commissioner" and "Commissioner" with "Public Service Commissioner" across various sections of the Merit Protection Act, ensuring clarity and consistency in the roles and responsibilities of these officials. The Act also modifies the appointment process for these officials, requiring consultations with relevant bodies and specifying whether appointments are to be full-time or part-time. The scope of this legislation is national, applying to all Australian government employees as governed by the Acts it amends. It does not specify exclusions or exemptions, implying that the amendments apply broadly to the relevant personnel and functions within the Australian Public Service. The Act is intended to provide a clearer framework for the management and oversight of public service matters, ensuring that roles and responsibilities are well-defined and that the appointment process is transparent and consultative.

Key Provisions

The Public Service Legislation Amendment Act 1995 (No. 153 of 1995) amends the Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922, introducing significant changes to the roles and responsibilities within these Acts. The key sections of the Act involve re-defining and re-structuring roles within the Merit Protection framework and integrating these roles within the broader public service context. For instance, Section 1 replaces the term "Director" with "Merit Protection Commissioner" throughout the Merit Protection Act, while Section 44 and 56 replace "Commissioner" with "Public Service Commissioner". These changes are aimed at clarifying roles and ensuring that the appropriate individual holds specific responsibilities (Schedule, ss 1-44). Under the amended Act, there are specific obligations imposed on the Merit Protection Commissioner and other members. The Commissioner, for example, must be appointed after consultations with the Australian Council of Trade Unions and the Public Service Commissioner, and they must serve on a full-time basis. Other members are appointed after consultations with the Australian Council of Trade Unions, the Public Service Commissioner, and the Merit Protection Commissioner, and they serve on a part-time basis (Schedule, ss 63). These provisions aim to ensure that the appointments are made with appropriate stakeholder input and that the roles are defined clearly. The Act also outlines consequences for non-compliance with its provisions. While the Act itself does not explicitly state penalties for breaches, breaches of the underlying Acts it amends could result in legal action. For instance, under the Merit Protection Act, failure to comply with the Act's provisions could result in disciplinary actions, including dismissal for Australian Government Employees. Under the Public Service Act, similar breaches could result in penalties as prescribed by the Act, which may include fines or other sanctions. These provisions are designed to ensure that the roles and responsibilities established by the Act are upheld.

Legal classification tags

Area of Law
Public Service Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation
Offence Provisions
Licensing & Registration

Interactions

Authorises

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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.