Public Service Regulations (Amendment) 1993 No. 132
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 132
Issued by the authority of the Minister for Industrial Relations for and on behalf of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service Act 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). The kinds of circumstances listed in regulation 112 in which promotions may be made to unadvertised vacancies include promotions to certain positions, for which the field of suitable applicants is limited, of people occupying particular classifications specified in the regulation.
The Regulations add a paragraph to regulation 112 which enables the Director of Meteorology to fill a position of Professional Officer Class 2 which has meteorological duties with an officer who is a Professional Officer Class 1 without advertising in the Gazette. This is appropriate because base level meteorologists, as well as having the necessary tertiary qualifications, must satisfactorily complete a further course in meteorology specified by the Director.
Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.
Regulation 2 of the Regulations adds a new paragraph (h) to regulation 112 which provides that it is a prescribed circumstance for the purposes of section 50(1) if the Director of Meteorology decides that an office having the classification of Professional Officer Class 2, and involving meteorological duties, be filled by an officer in the Bureau of Meteorology who is a Professional Officer Class 1.
The Regulations commence on gazettal.
Overview
The Public Service Regulations (Amendment) 1993 No. 132 were introduced to amend the Public Service Regulations under the Public Service Act 1922, responding to a gap in the regulatory framework concerning the appointment processes within the Bureau of Meteorology. Issued by the authority of the Minister for Industrial Relations on behalf of the Prime Minister, these amendments aim to provide flexibility in filling specific roles within the Bureau of Meteorology that require specialised meteorological expertise, thus ensuring that qualified candidates can be appointed without the need for public advertising. The specific amendment allows the Director of Meteorology to fill a Professional Officer Class 2 position with meteorological duties by promoting a Professional Officer Class 1 officer, provided they have completed a specified course in meteorology. This change is intended to streamline the appointment process for roles that require highly specialised skills, aligning with the policy objective of efficiently utilising qualified personnel within the public service.
Scope and Application
The Public Service Regulations (Amendment) 1993 No. 132 pertains to the promotion of officers within the Public Service, specifically under the Public Service Act 1922. This amendment applies to the Bureau of Meteorology and relates to the promotion of officers from Professional Officer Class 1 to Professional Officer Class 2 positions, provided the role involves meteorological duties. The amendment enables the Director of Meteorology to fill such positions without the need for advertising in the Gazette, recognising the limited pool of suitably qualified applicants who have completed the necessary meteorological course. The amendment is designed to streamline the promotion process for certain roles within the Bureau of Meteorology, ensuring that skilled personnel can be appointed efficiently. The scope of the Regulations is confined to the Commonwealth jurisdiction, impacting only those within the public service and specifically within the Bureau of Meteorology. The amendment does not specify exclusions or thresholds beyond those already established in the Public Service Act and Regulations, and its application is direct without the need for further subordinate instruments.
Key Provisions
The Public Service Regulations (Amendment) 1993 No. 132 introduces specific amendments to the Public Service Regulations under the Public Service Act 1922. Regulation 1 of the amended Regulations states that the Public Service Regulations are altered as outlined within the document. The primary amendment is introduced in Regulation 2, which adds a new paragraph (h) to regulation 112. This new addition allows the Director of Meteorology to fill a position classified as Professional Officer Class 2, which involves meteorological duties, with an officer who holds the classification of Professional Officer Class 1, without the need to advertise the vacancy in the Gazette. This amendment aims to address the unique qualifications and requirements of meteorological positions, where base-level meteorologists must complete additional meteorology-specific training.
The obligations imposed by these Regulations primarily concern departmental Secretaries and the Director of Meteorology. According to section 50(1) of the Public Service Act 1922, a departmental Secretary is generally prohibited from filling a vacant office below the Senior Executive Service level by promotion unless the vacancy has been notified in the Gazette. However, Regulation 112 lists exceptions to this rule, and Regulation 2 now includes a new scenario where the Director of Meteorology can decide to fill a Professional Officer Class 2 position with a Professional Officer Class 1 officer, without advertising the vacancy. This places the responsibility on the Director of Meteorology to ensure that the decision to bypass the Gazette notification is justified by the specific circumstances related to meteorological duties and qualifications.
The Regulations also introduce potential consequences for non-compliance, though the specific penalties are not detailed within the explanatory statement. Under the Public Service Act 1922, breaches of regulations may result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for such breaches are outlined elsewhere in the Act but are not specified in the explanatory statement provided. It is crucial for departmental Secretaries and the Director of Meteorology to adhere to these regulations to avoid any legal repercussions that might arise from non-compliance. The amendments ensure that the unique requirements of meteorological positions are respected while maintaining the integrity of the promotion process within the public service.