Public Service Regulations (Amendment)

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STATUTORY RULES.

1961. No. 114.

 

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1960.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1960, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this first day of September, 1961.

F. H. WHEELER,

Chairman.

K. E. GRAINGER,

Commissioner.

J. E. COLLINGS,

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 fourteenth day of September, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

A. R. DOWNER

for Prime Minister.

 

Amendments of the Public Service Regulations.†

Notification of provisional promotion.

1. Regulation 109 of the Public Service Regulations is amended—

(a) by omitting paragraph (c) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(c) if the provisional promotion is made to an office in the Northern Territory, with the Chairman, Promo-motions Appeal Committee, Darwin;”; and

(b) by inserting in sub-regulation (3.), after the word “Inspector” (wherever occurring), the words “or the Chairman, Promotions Appeal Committee, Darwin, as the case may be,”.

 

* Notified in the Commonwealth Gazette on 21st September, 1961.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations, see footnote † to Statutory Rules 1961; No. 35, and see also Statutory Rules 1961, Nos. 35, 68, 69, 83, 87 and 99.

5869/61.—Price 3d.


Appeals in relation to Territories (other than the Northern Territory) and places outside Australia.

2. Regulation 109e is amended by omitting sub-regulations (1.) and (2.).

3. After regulation 109e of the Public Service Regulations the following regulation is inserted:—

Prescribed date for the purposes of section 50 (14.)—Northern Territory.

“109ea. For the purposes of sub-section (14.) of section 50 of the Act, the prescribed date in respect of the Northern Territory is the fifteenth day of September, 1961.”.

Hearing of appeals lodged in respect of offices, or by officers performing duties, in the Northern Territory.

4. Where, before the date specified in regulation 109ea of the Public Service Regulations, as amended by these Regulations—

(a) a provisional promotion has been made to an office in the Northern Territory, and the time within which an appeal against that promotion may be made has not expired; or

(b) an appeal has been lodged against a provisional promotion to an office in the Northern Territory or an appeal has been lodged by an officer performing his duties in the Northern Territory and the appeal has not been inquired into and determined,

the Public Service Regulations, as amended by these Regulations, apply to and in relation to—

(c) an appeal against that provisional promotion; or

(d) the appeal,

in the same manner as they apply to and in relation to an appeal by an officer performing his duties in the Northern Territory, or an appeal in respect of a provisional promotion to an office in the Northern Territory, as the case may be, made after the date so specified.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1961, No. 114, titled "Regulations under the Public Service Act 1922-1960," were enacted by the Public Service Board and approved by the Governor-General to address procedural and administrative gaps in the management of provisional promotions and appeals within the Australian Public Service, particularly concerning the Northern Territory. These regulations were developed in response to the need for clearer guidelines and specific provisions for provisional promotions and appeals in the Northern Territory, ensuring that the administrative processes are consistent and equitable across different regions. The regulations aim to streamline the procedures for provisional promotions and appeals, thereby enhancing the efficiency and effectiveness of public service management in the Northern Territory.

Scope and Application

The Public Service Regulations 1961, made under the Public Service Act 1922-1960, apply to public servants in the Commonwealth public service, including those working in the Northern Territory and overseas. These regulations govern the procedures for provisional promotions and appeals within the public service, ensuring that promotions and appeals are handled fairly and in accordance with the legislative framework. Notably, the regulations were amended to specify that appeals related to provisional promotions in the Northern Territory should be addressed to the Chairman of the Promotions Appeal Committee in Darwin. Furthermore, the regulations provide a specific date for certain provisions to take effect in the Northern Territory, which is the fifteenth of September, 1961. These amendments extend the applicability of the regulations to ensure that public service matters in the Northern Territory are managed consistently with those in other parts of Australia. Subordinate instruments may further refine or expand the application of these regulations to specific scenarios or additional territories as needed.

Key Provisions

The Statutory Rules 1961, No. 114, under the Public Service Act 1922-1960, primarily revise the Public Service Regulations concerning provisional promotions and appeals, especially in the Northern Territory. Regulation 109 is amended to modify the notification process for provisional promotions to offices in the Northern Territory, requiring the Chairman of the Promotions Appeal Committee in Darwin to be notified (section 1). Additionally, the reference to the Inspector is updated to include the Chairman of the Promotions Appeal Committee, Darwin, as appropriate (section 1(b)). These Regulations impose specific obligations on public servants and the Public Service Board. Public servants involved in provisional promotions to the Northern Territory must ensure that the Chairman of the Promotions Appeal Committee in Darwin is notified (section 1(a)). Furthermore, any appeals related to these promotions or to officers performing duties in the Northern Territory must adhere to the amended regulations, which include the insertion of a new regulation specifying the prescribed date for the Northern Territory (section 3). The Regulations also stipulate that appeals made before the specified date must follow the same procedures as those made after this date (section 4). Violations of these Regulations can lead to various consequences. While the specific penalties are not detailed in the provided text, breaches of public service regulations generally could result in disciplinary actions against public servants, including potential dismissal, fines, or other administrative penalties. The severity of these consequences would depend on the nature and extent of the breach, as well as relevant provisions within the Public Service Act and other applicable legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.