EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 256
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (the Act) provides, inter alia, that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are necessary or permitted to be prescribed, or which are convenient to be prescribed, for carrying out or giving effect to the Act.
The purpose of these regulations is to provide a more flexible basis for the selection of officers for the temporary performance of the duties of Senior Executive Service (SES) offices. The amendment follows on from the removal of any reference to seniority even as a tie breaker in the selection of all officers for promotion. At present SES officers are subject to the same criteria as other officers in relation to their selection for the temporary performance of higher duties. Details of the regulations are set out below.
Regulation 1 inserts new regulation 108 into the Public Service Regulations (the Regulations). Regulation 108 specifies the criteria to which a Secretary of a Department shall have regard when directing an officer to temporarily perform the duties of a Senior Executive Service (SES) office as -
(a) the efficiency of the officer;
(b) the relative importance to the Department of performance of those duties and of performance of the work of the Department;
(c) the duration of the period during which those duties are to be performed by that officer; and
(d) the costs expected to be associated with the performance of those duties by that officer.
Regulation 2 makes minor amendments to regulation 109G in relation to the manner of making appeals against promotion and transfers to offices other than SES offices.
Regulation 3 omits the heading to Division 4 of Part V of the Regulations and substitutes a new heading and regulation 109H to provide that Division 4 relates to the temporary performance of duties of offices other than SES offices.
Regulation 4 makes a consequential amendment to regulation 116 of the Regulations by omitting sub-regulation (4) which at present relates to SES offices.
Regulation 5 makes consequential amendments to regulation 116A.
Regulation 6 is a transitional provision to preserve higher duties directions in force immediately before the commencement of the Regulations.