EXPLANATORY STATEMENT
STATUTORY RULES 1989 No. 112
Public Service Regulations (Amendment)
Issued by the authority of the Minister for Industrial Relations for and on behalf of the Prime Minister
Subsection 97(1) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 50(1) of the Act provides that except in prescribed circumstances, a Secretary shall not fill a vacant office by promotion unless the vacancy has been notified in the Gazette. Regulation 112 of the Public Service Regulations (the Regulations) prescribes various circumstances for the purposes of subsection 50(1).
The attached Public Service Regulations (Amendment) (the amending Regulation) substantially amends Regulation 112 by omitting 3 paragraphs prescribing circumstances for the purposes of subsection 50(1) and substituting 6 paragraphs substantially redrafting the previous prescribed circumstances and prescribing 2 new circumstances in which it is thought desirable for the Secretary to exercise the powers in subsection 50(1) without complying with the gazettal requirement. These 2 new circumstances are:
(a) to promote a Research Officer Grade 1 to a higher research classification where that officer entered the Public Service as a Graduate Economist, Cadet Economist, Cadet Agricultural Economist, Aboriginal Cadet Economist, or Aboriginal Cadet Agricultural Economist; and
(b) to promote an officer in the Australian Audit Office to the position of Auditor Grade 1 where that officer performs the duties of Graduate Accountant and has the classification of Graduate Administrative Assistant.
The amending Regulation inserts paragraphs (b) and (c) into Regulation 112 in substitution for the current paragraph 112(b) which provides for the filling of identical vacancies. The amendment is necessary to make more explicit that a ‘prescribed circumstance’ arises in relation to 2 separate events. The events are when either the same office again becomes vacant within 6 months of gazettal, or alternatively, another vacancy occurs which is the same as that which was notified in the gazette within the past 6 months.
The amending Regulation inserts paragraph (d) into Regulation 112 in order, to delete a reference to ‘Assistant Research Officer’ and substitute a reference to ‘Graduate Administrative Assistant’, the latter term now being the appropriate approved classification.
The amending Regulation inserts into Regulation 112 a new paragraph (e) which adds the proposed new circumstance concerning research officers (economists) mentioned above in paragraph (a).
The amending Regulation inserts into Regulation 112 a new paragraph (f) which adds the new circumstance concerning Auditors mentioned above in paragraph (b).
The amending Regulation inserts paragraph (g) into Regulation 112 in substitution for the current paragraph (d). The proposed wording used is a re-arrangement of that which appears in the current paragraph (d) with the addition of minor introductory words. There is no change in the effect of the provision and the amendment simply reflects a change in drafting style. The proposed change will mean that the provision commences with the new words ‘where a vacant office’, and the existing commencing words of ‘a decision by the relevant Secretary’ are re-located to the end of the provision to be closer to the operative classification of a ‘prescribed circumstance’.