Public Service Regulations (Amendment) 1997 No. 127
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 127
Issued by the authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Subsection 50(1) of the Act provides that, except in prescribed circumstances, a departmental Secretary shall not fill. a vacant office (below the Senior Executive Service level) by promotion unless the vacancy has been notified in the Gazette.
Section 53A of the Act provides a mechanism for automatic advancement to a higher classification of an officer in a training classification following satisfactory completion of the relevant training course.
Regulation 112 of the Public Service Regulations prescribes various circumstances for the purposes of subsection 50(1) of the Act.
The regulations permit the promotion without advertising of certain officers to offices having the classification of Administrative Service Officer Class 4, 5 or 6 or Research Officer Grade 2 or Senior Research Officer Grade 1 or 2.
In the past regulation 112 has been used to permit the promotion of Graduate Administrative Assistants (GAAs) and Cadets to higher offices without the need to advertise. In late 1996, following the introduction of Competency Based Training for GAAs and Cadets the provisions of regulation 112 which provided the scope for a Secretary to promote officers in these classifications without advertising were repealed. More limited arrangements were made under section 53A of the Act to advance GAAs and Cadets to higher classifications of Administrative Service Officer Class 3 (ASO3) or Research Officer Grade 1 (RO1) after successful completion of the required training.
Following a review of the processes finalised in early 1997, agencies requested greater flexibility to enable them to promote the former GAAs and Cadets who have advanced to ASO3s and RO1s under section 53A of the Act to higher level offices without a full merit selection process. These regulations amend regulation 112 to permit the promotion without advertising of officers who have been GAAs or Cadets and who become ROls or ASO3s following training, to certain higher classifications.
The proposed amendments, should this proposal be implemented, would be to augment the amendments made to regulation 112 in late 1996 with the overall result that a onestage process for advancing GAAs and Cadets to the classifications Administrative Service Officer Class 4, 5 or 6 (ASO 4, 5 or 6) or Research Officer Grade 2 (RO2) or Senior Research Officer Grade 1 or 2 (SRO1 or 2) would be replaced with a two-stage process involving competency based training as the basis for the first stage of advancement.
These regulations insert a new subregulation 112(j) whereby a Secretary is able to promote without advertising these officers to offices having the classification of ASO4, 5 or 6 or RO2 or SRO1 or 2.
Such promotions would be appealable in accordance with the relevant provisions of the Act.
Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.
Regulation 2 of the Regulations inserts a new subregulation (j) which provides that one circumstance where a Secretary may fill by promotion a vacant office, having the classification of ASO4, 5 or 6, RO2, SRO1 or 2, without advertising, is where there is available in the Department an officer having the classification of ASO3 or RO1 who was, immediately before having that classification, a GAA or Cadet.
The Regulations commence on Gazettal.
Overview
The Public Service Regulations (Amendment) 1997 No. 127 were enacted to provide greater flexibility for agencies within the Australian public service to promote Graduate Administrative Assistants (GAAs) and Cadets who have advanced to higher classifications through competency-based training, without the need for a full merit selection process. This amendment to the Public Service Regulations 1997 was introduced following a review in early 1997, responding to requests from agencies for more streamlined promotion processes. The Public Service Act 1922 allows for the Governor-General to make regulations as necessary, and these amendments were made under that authority. The policy objective behind these regulations was to facilitate a more efficient promotion process for officers who have demonstrated their capabilities through relevant training, thus enhancing operational efficiency within the public service.
Scope and Application
The Public Service Regulations (Amendment) 1997 No. 127 applies to the Australian Public Service, specifically to departmental Secretaries who are responsible for filling vacant offices below the Senior Executive Service level. These regulations amend the Public Service Regulations to provide greater flexibility in promoting officers who were previously Graduate Administrative Assistants (GAAs) or Cadets to higher classifications without the need for advertising. The amendments cater to officers who have completed competency-based training and have advanced to Administrative Service Officer Class 3 (ASO3) or Research Officer Grade 1 (RO1) classifications. The changes allow for a two-stage promotion process, where the initial stage involves competency-based training and the second stage permits promotion without advertising to higher classifications such as ASO4, 5 or 6, RO2, Senior Research Officer Grade 1 or 2 (SRO1 or 2). These regulations do not alter the jurisdictional reach or applicability of the Public Service Act 1922, which applies across the Commonwealth of Australia. The amendments are made under the authority of the Governor-General and commence upon Gazettal.
Key Provisions
The Public Service Regulations (Amendment) 1997 No. 127 introduces amendments to the Public Service Regulations, allowing departmental Secretaries to promote certain officers without advertising, in specific circumstances. Regulation 112, as amended, provides that a Secretary may fill a vacant office by promotion without advertising, where the vacancy falls under the classifications of Administrative Service Officer Class 4, 5 or 6 (ASO 4, 5 or 6), Research Officer Grade 2 (RO2), Senior Research Officer Grade 1 or 2 (SRO1 or 2). This amendment is particularly relevant to officers who were previously Graduate Administrative Assistants (GAAs) or Cadets and have been promoted to Administrative Service Officer Class 3 (ASO3) or Research Officer Grade 1 (RO1) following completion of required training. The new subregulation 112(j) specifically allows for the promotion of these officers to higher classifications without the need for advertising.
The amendments place an obligation on departmental Secretaries to adhere to these regulations when considering promotions. They must ensure that any promotions made under the new subregulation 112(j) are within the specified classifications and involve officers who meet the criteria of having been previously classified as GAAs or Cadets and subsequently trained to ASO3 or RO1 levels. Furthermore, these promotions are to be conducted in a manner that is consistent with the merit principles and other relevant provisions of the Public Service Act 1922. The regulations also clarify that such promotions are appealable under the relevant provisions of the Act.
Should a departmental Secretary fail to comply with the provisions of the amended regulations, there may be legal consequences. While the specific penalties are not outlined in the explanatory statement, breaches of the Public Service Act 1922 can result in civil or criminal penalties, depending on the nature and severity of the breach. In cases of non-compliance, the Secretary may be subject to disciplinary action, and the promotion could potentially be deemed invalid. Additionally, the aggrieved party may have the right to lodge a complaint or seek redress through the relevant internal or external review mechanisms provided by the Act.