Public Service Regulations (Amendment)

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STATUTORY RULES

1970 No. 81

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REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this fifth day of June, 1970.

Chairman

Commissioner.

Deputy of a Commissioner.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this eleventh day of June, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Housing for and on behalf of the Prime Minister

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Amendments of the Public Service Regulations†

Notification of, and appeals against, provisional promotions.

1. Regulation 109 of the Public Service Regulations is amended—

(a) by omitting paragraph (e) of sub-regulation (1B.) and inserting in its stead the following paragraph:—

“(e) if the provisional promotion is made to an office in the Territory of Papua or the Territory of New Guinea—the Senior Inspector, Office of the Public Service Board, Port Moresby;”;

(b) by omitting from sub-regulation (3.) the words “promotion, the Inspector or the Chairman, Promotions Appeal Committee, as the case may be,” and inserting in their stead the words “promotion, the appropriate officer in relation to the promotion for the purposes of sub-regulation (1A.) of this regulation”; and

 

*Notified in the Commonwealth Gazette on 25 June 1970.

†Statutory Rules 1935, No.18, as amended to date. For previous amendments of the Public Service Regulations see footnote† to Statutory Rules 1970, No. 7, and see also Statutory Rules 1970, Nos. 7, 13, 14, 19, 29, 42, 57 and 58.

16966/70—Price 5c 10/4.6.1970

(c) by omitting from sub-regulation (3.) the words “from the Inspector or the Chairman, Promotions Appeal Committee, as the case may be” and inserting in their stead the words “from the appropriate officer in relation to the promotion for the purposes of sub-regulation (la.) of this regulation”.

Appeals in relation to certain Territories and places outside Australia.

2. Regulation 109e of the Public Service Regulations is amended—

(a) by omitting sub-regulations (3.) and (4.);

(b) by omitting from sub-regulation (7.) the words “(not being a place in a Territory specified in this regulation) “and inserting in their stead the words “, not being a place in a Territory of the Commonwealth specified in this regulation, in the Territory of Papua or in the Territory of New Guinea,”; and

(c) by omitting from sub-regulation (8.) the words “the Commonwealth (not being a place in a Territory specified in this regulation)” and inserting in their stead the words “Australia, not being a place in a Territory of the Commonwealth specified in this regulation, in the Territory of Papua or in the Territory of New Guinea,”.

3. After regulation 109ea of the Public Service Regulation the following regulation is inserted:—

Prescribed data for the purposes of Section 50 (14.)—Territory of Papua and New Guinea.

“109eb. For the purposes of sub-section (14.) of section 50 of the Act, the prescribed date in respect of the Territory of Papua and New Guinea, being the Territories that are governed in an administrative union in accordance with the Papua and New Guinea Act 1949-1968, is the twenty-fifth day of June, 1970.”.

Hearing of certain appeals by officers performing their duties in, or certain appeals in respect of offices in, the Territory of Papua and New Guinea.

4.—(1.) Where, on the date specified in regulation 109eb of the Public Service Regulations as amended by these Regulations—

(a) an appeal against a provisional promotion has been made by an officer performing his duties in the Territory of Papua and New Guinea or an appeal against a provisional promotion to an office in that Territory has been made and the appeal has not been inquired into and determined; or

(b) a provisional promotion has been made to an office in that Territory and the time within which an appeal against the promotion may be made has not expired,

the Public Service Regulations as amended by these Regulations apply to and in relation to—

(c) the appeal; or

(d) an appeal against the provisional promotion,

in the same manner as they apply to and in relation to an appeal against a provisional promotion notified in the Gazette on or after the date so specified—

(e) being an appeal made by an officer performing his duties in that Territory; or

(f) being an appeal in respect of an office in that Territory.

(2.) In the last preceding sub-regulation, a reference to the Territory of Papua and New Guinea shall he read as a reference to the Territories that are governed in an administrative union in accordance with the Papua and New Guinea Act 1949-1968.

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Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 81, enacted under the Public Service Act 1922-1968, address the administrative and procedural gaps within the public service framework, particularly in relation to the territories of Papua and New Guinea. The regulations were created by the Public Service Board and subsequently approved by the Governor-General, acting on the advice of the Federal Executive Council. The policy objective was to streamline the processes for provisional promotions and appeals within these territories, ensuring that the regulations governing public service appointments and promotions were applied uniformly and efficiently across all territories. This was achieved by amending existing regulations to specify the officers responsible for handling promotions and appeals in Papua and New Guinea, thereby ensuring that the public service framework was coherent and effective in these regions.

Scope and Application

The Statutory Rules 1970 No. 81, under the Public Service Act 1922-1968, amends the Public Service Regulations to specifically address the process and jurisdiction of provisional promotions and appeals within the Territories of Papua and New Guinea. These regulations apply to officers and officials within these territories, governing the administrative union as stipulated in the Papua and New Guinea Act 1949-1968. The amendments provide for the identification of appropriate officers for handling provisional promotions and appeals, and they outline the specific procedures and timelines for these processes, ensuring that the regulations align with the administrative framework of the territories. These amendments extend the application of the Public Service Regulations to cover provisional promotions and appeals made or pending as of 25 June 1970, effectively integrating these territories into the broader regulatory structure of the Commonwealth.

Key Provisions

The Regulations under the Public Service Act 1922-1968 primarily amend the Public Service Regulations, introducing specific provisions for provisional promotions and appeals in relation to certain territories and places outside Australia. Regulation 109 of the Public Service Regulations is amended to clarify the notification and appeals process for provisional promotions to offices in the Territory of Papua or the Territory of New Guinea. Instead of notifying the Inspector or the Chairman of the Promotions Appeal Committee, the appropriate officer in relation to the promotion must be notified. This change ensures that the notification process aligns with the new framework established by the Regulations. Furthermore, Regulation 109e is amended to exclude appeals related to provisional promotions in the Territory of Papua or the Territory of New Guinea from specific provisions, ensuring that the regulations governing these territories are appropriately applied. The Regulations impose obligations on officers and the Public Service Board to ensure that the notification and appeal processes for provisional promotions are correctly followed. For provisional promotions to offices in the Territory of Papua or the Territory of New Guinea, officers must notify the Senior Inspector, Office of the Public Service Board, Port Moresby, and the appropriate officer must handle the appeal process. This change in notification and appeal procedures is intended to streamline and clarify the administrative process within these territories. Additionally, the Regulations require that certain appeals be heard by officers performing their duties in the Territory of Papua and New Guinea or in respect of offices in that Territory, ensuring that local officers are involved in the decision-making process. For breaches of the provisions outlined in the Regulations, specific offences and penalties may apply under the Public Service Act 1922-1968. While the Regulations themselves do not specify maximum penalties, breaches of the Public Service Act can result in criminal or civil consequences. These may include fines, imprisonment, or other penalties as determined by the relevant authorities. The precise penalties depend on the nature and severity of the breach, as well as any additional provisions or guidelines provided by the Public Service Act and associated legislation. Ensuring compliance with these Regulations is crucial to avoid potential legal repercussions.

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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.