Statutory Rules
1973 No. 32
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1972.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred on it by the Public Service Act 1922-1972, hereby makes, subject to the approval of the Governor-General, the following Regulations.
Dated this twenty-second day of January, 1973.
J. E. COLLINGS
Acting Chairman.
A. B. McFARLANE
Commissioner.
F. C. NORDECK
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 eighth day of February, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
D. R. WILLESEE
Special Minister of State for and on behalf of the Prime Minister.
Amendments of the Public Service Regulation†
Commencement.
1.—(1.) Regulations 1 and 2 of these Regulations shall come into operation on the date on which notice of the making of these Regulations is published in the Gazette.
* Notified in the Commonwealth Gazette on 15 February 1973.
† Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; 1942, Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943, Nos. 271, 272 and 301; 1944, Nos. 6, 132, 138 and 143; 1945. Nos. 15, 35, 115, 118 and 124; 1946, Nos. 22, 68, 120, 124 and 153; 1947, Nos. 1, 2, 122, 123, 134, 146, 147, 158 and 163; 1948, Nos. 32, 49, 68, 71, 97, 149, 157 and 158; 1949, Nos. 1, 81, 84 and 98; 1950, Nos. 73, 88, 99 and 100; 1951, Nos. 13, 33, 77 and 110; 1952, Nos. 9, 19, 51 and 94; 1953, Nos. 2, 20, 47, 51, 70 and 93; 1954, Nos. 12, 57, 94, 103 and 126; 1955, Nos. 43, 48 and 67; 1956, Nos. 48, 49, 50 and 133; 1957, Nos. 22 and 58: 1958, Nos. 37 and 37; 1959, Nos. 11, 16, 42, 68 and 99; 1960, Nos. 12, 18, 33, 73, 89 and 93: 1961, Nos. 35, 68, 69, 83, 87, 99, 114, 116, 125, 136 and 147; 1962, Nos. 1, 21, 33, 39, 84 and 91; 1963, Nos. 4, 5, 20, 22, 33, 41, 42, 55, 59, 65, 81, 82, 86, 106, 108, 151, 152 and 153; 1964, Nos. 18, 40, 45, 46, 49, 53, 72, 88, 96, 109, 110, 118, 120, 131, 140, 147, 150, 151 and 161; 1965, Nos. 4, 12, 19, 23, 30, 44, 48, 71, 75, 76, 149, 172 and 176; 1966, Nos. 1, 16, 17, 43, 71, 90, 91, 112, 120, 121, 123, 126, 130, 136, 160, 165, 166 and 183; 1967, Nos. 1, 2, 7, 16, 37, 57, 61, 69, 99, 141, 164 and 169; 1968, Nos. 6, 11, 12, 22, 47, 55, 66, 73, 107, 114, 115, 130, 134, 136, 138, 147, 148, 156. 165 and 166; 1969, Nos. 12, 13, 16, 17, 25, 42, 56, 61, 62, 83, 86, 87, 88, 95, 115, 120, 121, 122, 123, 134, 141, 142, 146, 147, 160, 163, 166, 168, 175, 193, 202 and 215; 1970, Nos. 7, 13, 14, 19, 29, 29, 42, 57, 58, 81, 85, 86, 93, 110, 111, 125, 128, 129, 137, 141, 147, 148, 149, 163, 164, 181, 183, 198, 199, 206 and 210; 1971, Nos. 3, 4, 12, 13, 17, 19, 20, 25, 33, 34, 42, 47, 48, 49, 52, 68, 69, 82, 83, 84, 86, 87, 88, 90, 91, 111, 124, 133, 146, 147, 150, 159, 161 and 175; and 1972, Nos. 14, 26, 53, 132 and 163.
(2.) Regulations 3 to 8 (inclusive) of these Regulations shall come into operation on the date fixed by Proclamation under section 5 of the Public Service Act 1972.
Rates of travelling allowances
2. Regulation 75a of the Public Service Regulations is amended by omitting sub-regulation (3a.).
Constitution of Promotions Appeal Committees and Central Promotions Appeal Committees.
3. Regulation 109d of the Public Service Regulations is amended—
(a) by inserting in sub-regulations (1.), (4.), (5.), (6.) and (7.), after the words “Promotions Appeal Committee”, the words “or a Central Promotions Appeal Committee”;
(b) by inserting after sub-regulation (3.) the following sub-regulations:—
“(3a.) An organization may, if it so desires, nominate not more than four officers in each State, any one of whom may act from time to time as a member of a Central Promotions Appeal Committee for the determination of appeals in respect of promotions to such sections or classes of office as are respectively specified by the organization when making its nominations.
“(3b.) An organization may nominate not more than three officers to be deputies of each officer nominated by it as a member of a Central Promotions Appeal Committee and any one of the deputies may act as a member of the Committee, if the member for whom he is a deputy is not available, for any reason, to act as a member.
“(3c.) An officer may be nominated under this regulation to be—
(a) a member of a Promotions Appeal Committee and a member of a Central Promotions Appeal Committee;
(b) a member of a Promotions Appeal Committee and a deputy of a member of a Central Promotions Appeal Committee;
(c) a member of a Central Promotions Appeal Committee and a deputy of a member of a Promotions Appeal Committee; or
(d) a deputy of a member of a Promotions Appeal Committee and a deputy of a member of a Central Promotions Appeal Committee.”; and
(c) by inserting after sub-regulation (5.) the following sub-regulation:—
“(5a.) An officer shall not act as a member of a Central Promotions Appeal Committee that is to examine a report of a Promotions Appeal Committee of which he was a member.”.
4. Regulations 109e, 109ea and 109eb of the Public Service Regulations are repealed and the following regulations inserted in their stead:—
Parties in place outside Australia, Papua or New Guinea.
“109e.—(1.) Where a party to the appeal proceedings in respect of a provisional promotion performs his duties in Norfolk Island, the provisions of section 50 of the Act apply as if that party performed his duties in the State of New South Wales.
“(2.) Where a party to the appeal proceedings in respect of a provisional promotion performs his duties in the Territory of Cocos (Keeling) Islands, the provisions of section 50 of the Act apply as if that party performed his duties in the State of Western Australia.
“(3.) Where a party to the appeal proceedings in respect of a provisional promotion performs his duties in a place outside Australia, not being a place in the Territory of Papua, the Territory of New Guinea, Norfolk Island or the Territory of Cocos (Keeling) Islands, the provisions of section 50 of the Act apply as if that party performed his duties—
(a) where he has performed his duties in a State—in the last State in which he performed his duties; or
(b) in any other case—in the Australian Capital Territory.
Territories deemed to be States.
“109ea, For the purposes of section 50 of the Act—
(a) the Northern Territory of Australia shall be deemed to be a State; and
(b) the Territory of Papua and the Territory of New Guinea together shall be deemed to be a State.”.
Conduct of inquiries by Promotions Appeal Committees and Central Promotions Appeal Committees.
5. Regulation 109f of the Public Service Regulations is amended by inserting after the words “Promotions Appeal Committee” the words “or a Central Promotions Appeal Committee”.
6. Regulation 109h of the Public Service Regulations is repealed and the following regulation inserted in its stead:—
Prescribed salary for the purposes of section 50 (8a.).
“109h. For the purpose of sub-section (8a.) of section 50 of the Act, the rate of salary is the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 8 office.”.
Transitional.
7. For the purposes of sub-regulation (4.) of regulation 109d of the Public Service Regulations as amended by these Regulations, an officer nominated under sub-regulation (3a.) or sub-regulation (3b.) of that regulation during the year in which this regulation commences is deemed to have been so nominated on the first day of that year.
Saving.
8. Notwithstanding the repeal by these Regulations of regulations 109e and 109h of the Public Service Regulations, those two regulations continue to apply in relation to appeals in respect of promotions notified before the date of the commencement of this regulation.