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’.
Overview
The Public Service Regulations (Amendment) 1989 was enacted to address gaps and issues in the existing public service regulations, specifically under the Public Service Act 1922. The amendment was introduced by the Minister for Industrial Relations on behalf of the Prime Minister, aiming to refine the circumstances under which a Secretary may fill a vacant office by promotion without the need for gazettal. The regulation seeks to provide greater clarity and precision in the prescribed circumstances for such promotions, ensuring that the processes are both efficient and effective. This adjustment is necessary to accommodate changes in job classifications and roles within the public service, particularly for research officers and auditors, ensuring that promotions are handled in a manner that aligns with current job duties and classifications.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1989 No. 112, issued under the authority of the Minister for Industrial Relations and the Prime Minister, amends Regulation 112 of the Public Service Regulations to revise the circumstances under which a Secretary may fill a vacant office by promotion without complying with the gazettal requirement stipulated in subsection 50(1) of the Public Service Act 1922. The amendment specifically omits three existing paragraphs and introduces six new paragraphs, along with two additional circumstances for exceptions. These new circumstances pertain to the promotion of Research Officers Grade 1 to a higher research classification and officers in the Australian Audit Office to the position of Auditor Grade 1, based on their previous roles and classifications. The amendment also makes explicit that a 'prescribed circumstance' applies when a previously notified vacancy reappears within six months or another identical vacancy occurs within the same period. The changes are designed to provide clarity and update classifications to align with current approved terms.
Key Provisions
The Public Service Regulations (Amendment) introduces significant changes to Regulation 112, which governs the circumstances under which a Secretary may fill a vacant office by promotion without notifying the vacancy in the Gazette, as stipulated in subsection 50(1) of the Public Service Act 1922. This amendment primarily affects two groups: Research Officers and Auditors within the Australian Public Service. Firstly, it allows for the promotion of Research Officers Grade 1 to a higher research classification if they originally entered the Public Service as a Graduate Economist, Cadet Economist, Cadet Agricultural Economist, Aboriginal Cadet Economist, or Aboriginal Cadet Agricultural Economist (Regulation 112(e)). Secondly, it permits the promotion of an officer in the Australian Audit Office to the position of Auditor Grade 1 if they perform the duties of a Graduate Accountant and hold the classification of Graduate Administrative Assistant (Regulation 112(f)).
The amendment also clarifies the conditions under which a 'prescribed circumstance' arises. It specifies that such a circumstance occurs when the same office becomes vacant within six months of a previous gazettal, or when another vacancy occurs that is identical to one notified in the Gazette within the past six months (Regulation 112(b)). Furthermore, it updates the classification terminology from 'Assistant Research Officer' to 'Graduate Administrative Assistant', reflecting the current approved classification (Regulation 112(d)). These changes ensure that the regulation is aligned with current practices and classifications within the Public Service.
Entities governed by these regulations must ensure compliance with the newly prescribed circumstances for gazettal exemptions. This involves careful monitoring and documentation of vacancy notifications and promotions to ensure adherence to the stipulated conditions. Additionally, the Public Service must update their internal systems and procedures to reflect these changes, ensuring that promotions are conducted in line with the amended Regulation 112.
Failure to comply with the requirements outlined in the Public Service Regulations (Amendment) may lead to various consequences. While the explanatory statement does not detail specific offences, penalties, or consequences for non-compliance, breaches of the Public Service Act 1922 and its regulations can result in civil or criminal liabilities. Generally, such breaches could lead to disciplinary actions against the involved parties, including potential fines, penalties, or other administrative actions as deemed appropriate by the relevant authorities. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any applicable legislation.