Public Service Regulations (Amendment) 1996 No. 339
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 339
Issued by the authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Subsection 50(1) of the Act provides that, except in prescribed circumstances, a departmental Secretary shall not fill a vacant office (below the Senior Executive Service level) by promotion unless the vacancy has been notified in the Gazette.
Regulation 112 of the Public Service Regulations prescribes various circumstances for the purposes of subsection 50(1) of the Act. The circumstances listed in regulation 112 in which promotions may be made to unadvertised vacancies include:
* where the vacancy is in a position having a certain classification and the Secretary decides that the vacancy is to be filled by promoting a Graduate Administrative Assistant (regulation 1.12(d));
* where the vacancy is in a position having a certain classification and the Secretary decides that the vacancy is to be filled by promoting a Research Officer Grade 1 who has certain prior experience (regulation 112(e));
* where the vacancy is in a position of Auditor Grade 1, Administrative Service Officer Class 1 and the Secretary decides that the vacancy is to be filled by a Graduate Administrative Assistant in the Australian National Audit Office (regulation 112(f));
* where the vacancy is in a position of Defence Officer having the classification of Administrative Service Officer Class 4, 5 or 6 in the Defence Signals Directorate and the Secretary decides that the vacancy is to be filled by promotion without advertising (regulation 112(g)).
The Regulations repeal subregulations 112(d) to (g) following the introduction of new training arrangements for Graduate Administrative Assistants which commenced in 1996 and advice from the Australian National Audit Office and the Defence Signals Directorate there is no ongoing need for the regulations relevant to those offices.
The Regulations preserve the effect of subregulations 112(d) and 112(e) in respect of current or former Graduate Administrative Assistants in certain Departments where undertakings had been made to the 1996 intake of Graduate Administrative Assistants that regulation 112 would be used to promote the officer to a higher classification without advertising the vacancy. The new arrangements which commenced in 1996 would in some cases be less beneficial than the arrangements applying under regulation 112 before that time.
The Regulations insert a new circumstance in subregulation 112(i) whereby the Secretary of the Spectrum Management Agency (SMA) will be able to promote certain officers to a vacant office having the classification of Administrative Service Officer Class 4 under section 50 of the Act without notification of the vacancy. This regulation has been inserted to enable SMA to promote Graduate Administrative Assistants in the 1996 intake in accordance with undertakings made to them when they were recruited, rather than under the new arrangements which were introduced in 1996.
Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.
Regulation 2 of the Regulations, in regulation 2.10 removes subregulations 112(d), (e), (f) and (g) from the Regulations. Regulation 2.2 inserts a new subregulation 112(i) in the Regulations which will permit the Secretary of the Spectrum Management Agency to promote certain officers to a vacant office having the classification of Administrative Service Officer Class 4 under section 50 of the Act without notification of the vacancy.
Regulation 3 of the Regulations in subregulation 2.1 preserves regulation 112(d) in respect of officers having the classification of Graduate Administrative Assistant in the Australian Customs Service, the Department of Defence or the Department of Foreign Affairs and Trade where those officers were appointed, promoted or transferred to the office of Graduate Administrative Assistant in January, February or March 1996. This transitional provision is required because these Departments incorrectly advised their 1996 intake of Graduate Administrative Assistants that advancement would be available to them using regulation 112 rather than the new arrangements for Graduate Administrative Assistants which in some circumstances are less beneficial to officers in this category.
For similar reasons subregulation 3.2 preserves subregulation 112(e) in respect of certain officers having the classification of Research Officer Grade 1 in tile Department of Employment, Education, Training and Youth Affairs who were Gradute Administrative Assistants in the 1996 intake.
Overview
The Public Service Regulations (Amendment) 1996 No. 339 was enacted by the Parliament to amend the Public Service Regulations, which were originally established under the Public Service Act 1922. This amendment aimed to address the need for updated regulatory frameworks to accommodate new training arrangements for Graduate Administrative Assistants introduced in 1996 and to reflect the advice from the Australian National Audit Office and the Defence Signals Directorate that certain existing regulations were no longer necessary. The regulations specifically repeal subregulations 112(d) to (g) that previously allowed for certain unadvertised promotions in specific departments, while also introducing a new subregulation 112(i) that permits the Secretary of the Spectrum Management Agency to promote certain officers without advertising the vacancy. Additionally, the amendment includes transitional provisions to preserve the existing regulatory benefits for officers who were assured of certain promotional pathways under the previous regulations when they were recruited in 1996.
Scope and Application
The Public Service Regulations (Amendment) 1996 No. 339, made under the authority of the Prime Minister, amend the Public Service Regulations to adjust the provisions governing the promotion of public service officers. These regulations apply to officers within the Commonwealth public service, specifically those under the Senior Executive Service level, and address the circumstances under which promotions to unadvertised vacancies can occur. The amendments repeal certain subregulations that previously allowed specific promotions without advertising in the Australian National Audit Office and Defence Signals Directorate due to the introduction of new training arrangements for Graduate Administrative Assistants in 1996. However, to honour commitments made to the 1996 intake of Graduate Administrative Assistants, the regulations introduce a new provision allowing the Secretary of the Spectrum Management Agency to promote certain officers without advertising. Additionally, transitional provisions are included to maintain certain promotional rights for officers in specific departments who were assured of these rights under the old regulations at the time of their recruitment.
Key Provisions
The Public Service Regulations (Amendment) 1996 No. 339 primarily modifies existing regulations to accommodate new training arrangements for Graduate Administrative Assistants (GAAs) introduced in 1996, while also ensuring transitional arrangements for certain departments. Section 1 of the Regulations specifies that the Public Service Regulations are amended as outlined in the Regulations. Section 2 removes certain subregulations that previously allowed for unadvertised promotions under specific circumstances (sections 2.10). Specifically, subregulations 112(d), (e), (f), and (g) are repealed, as they are no longer needed following the introduction of the new training arrangements.
Despite these repeals, Section 3 includes transitional provisions to ensure fairness and continuity for certain officers. For instance, Section 3.1 preserves the effect of subregulation 112(d) for officers in the Australian Customs Service, the Department of Defence, and the Department of Foreign Affairs and Trade who were appointed, promoted, or transferred to the office of Graduate Administrative Assistant in early 1996. This measure addresses the incorrect assurances given to these officers about their career advancement opportunities. Similarly, Section 3.2 preserves subregulation 112(e) for certain officers in the Department of Employment, Education, Training and Youth Affairs who were also part of the 1996 intake of Graduate Administrative Assistants.
The Regulations impose specific obligations on the Secretary of various departments, particularly regarding the promotion of officers. They must adhere to the new training arrangements for Graduate Administrative Assistants introduced in 1996 and respect the transitional provisions for certain officers. Moreover, the Secretary of the Spectrum Management Agency (SMA) is permitted to promote certain officers to a vacant office having the classification of Administrative Service Officer Class 4 without notification of the vacancy, as detailed in Section 2.2. This allowance is made to comply with the commitments made to the 1996 intake of Graduate Administrative Assistants regarding their career progression.
Failure to comply with these regulations can result in legal consequences. Specifically, subsection 50(1) of the Public Service Act 1922 mandates that, except in prescribed circumstances, a departmental Secretary shall not fill a vacant office (below the Senior Executive Service level) by promotion unless the vacancy has been notified in the Gazette. Breaches of this requirement could lead to disciplinary action against the Secretary, as the Act mandates strict adherence to the prescribed procedures for filling vacancies. Furthermore, the Regulations themselves do not explicitly outline penalties for non-compliance, but violations of the Act may result in civil or criminal penalties, depending on the severity and intent behind the breach.