Public Service Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1987 No. 157

PUBLIC SERVICE REGULATIONS (AMENDMENT)

Issued with the authority of the Public Service Board

Subsection 97(1) of the Public Service Act 1922 (‘the Principal Act’) provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Principal Act.

A number of the provisions of the Public Service Legislation (Streamlining) Act 1986 (‘the Streamlining Act’) come into operation on 20 July 1987, the date Proclaimed by the Governor-General for the purposes of subsection 2(3) of the Streamlining Act (Executive Council Minute No. PSB 1987/12 refers).

The statutory rules give effect to sections of the Principal Act inserted by the Streamlining Act in relation to the redeployment and retirement of officers. Retiring age provisions from the Commonwealth Employees (Redeployment and Retirement) Regulations have been relocated, as those Regulations lapse with the repeal of the Commonwealth Employees (Redeployment and Retirement) Act 1979 by the Streamlining Act. The opportunity has also been taken to amend regulation 76 of the Regulations.

Regulation 1 provides for the regulations to come into operation on 20 July 1987.

Regulation 2 omits paragraph 76(d), which provides that a decision to defer or refuse to grant a salary increment to an officer is a decision to which the review procedures in Division 2 of Part III of the Regulations apply. The amendment gives effect to the Government decision to abolish appeals in relation to grant and deferment of increments (Cabinet decision No. 8488 and Cabinet Memorandum No. 4344 refer).

Regulation 3 repeals the heading to Part VI of the Regulations, “REDEPLOYMENT AND RETIREMENT OF SENIOR EXECUTIVE SERVICE OFFICERS”, replacing it with the heading “REDEPLOYMENT AND RETIREMENT”. Part VI will now cover Senior Executive Service (‘SES’) officers, in Division 1, and non-SES officers in Division 2.

Regulation 4 provides for the repeal of regulation 119 of the Regulations, which prescribes appeal periods for the purposes of appeals made in relation to declarations under section 76K of the Principal Act. Repeal of that regulation is consequential on the repeal of section 76K.


Regulation 5 amends regulation 120 of the Regulations by reducing the period of appeal against the giving of a notice of unattachment, reduction or retirement to an SES officer under subsection 76L(3) of the Principal Act. The period is reduced from 21 to 14 days. The regulation also inserts subregulations 120(1A) and (1B), which provide for the taking of effect of notices under subsection 76L(3). Subregulation 120(1A) provides that where an SES officer has consented to the giving of such a notice, that notice takes effect on a day specified in the notice and agreed between the officer and the Board, but not earlier than the day the notice is given to the officer. Subregulation 120(1B) deals with the case in which an officer has not consented to the giving of the notice, and is able therefore to appeal against that action. In such a case the notice takes effect on the day specified in the notice (being a day occurring after the expiry of the 14 day appeal period), or where an appeal is lodged, on the determination or withdrawal of the appeal.

Regulation 6 inserts Division 2 into Part VI of the Regulations, to provide for the redeployment and retirement of non-SES officers.

Regulation 120A is an interpretation provision. It applies the expanded definition of ‘officer’ in Division 8C of the Principal Act to Division 2 of the Regulations.

Regulation 120B provides, for the purposes of section 76U of the Principal Act, minimum and maximum retiring ages of 50 years and 60 years respectively for officers who have performed the duties of Air Traffic Controller or equivalent for a period of at least 10 years. This regulation is substantialy a transcription of a provision under the Commonwealth Employees (Redeployment and Retirement) Regulations, which Regulations lapse with the repeal of the parent Act.

Regulation 120C provides for the taking of effect of notices of reduction or retirement of non-SES officers issued under section 76W of the Principal Act.

Subregulation (1) is a reading provision.

Subregulation (2) provides for the taking of effect of a notice where the officer has consented to the giving of the notice. Under paragraph 120C(2)(a) a notice given on the ground of invalidity takes effect on a day specified in the notice and agreed between the officer and the Secretary or the officer and the Public Service Board. That day of effect may be earlier than the day on which the notice is given to the officer. Provision is thus made for retrospective retirement on the ground of invalidity. Paragraph 120C(2)(b) provides that a notice given on any of the other grounds - inefficiency, loss of qualification or redundancy - takes effect on a day specified in the notice and agreed between officer and Secretary or officer and Board. That day of effect must not be earlier than the day on which notice is given to the officer.

Subregulations 120C(3) to (6) provide for the taking of effect of a notice where the officer has not consented to the giving of that notice. Subregulation (6) provides that, in general, such a notice takes effect on the latest of: the day specified in the notice; one month after the day the notice is given; or, where there is an appeal, the day the appeal is withdrawn or determined, Subregulations (3) and (4) make special provision for the date of effect to be suspended where the provisions of an industrial award are applicable: in the case of a retirement on the ground of invalidity, until the officer’s full-pay sick leave credits are exhausted; in the case of a redundancy retirement, until the end of the officer’s retention period.

Regulation 120D sets a period of 14 days after the officer has received a notice of reduction or retirement as the period during which appeal against that notice may be made.

Regulation 7 inserts Schedules 1D and 1E, which list Air Traffic Controller offices and equivalent offices respectively, for the purpose of regulation 120B.

Overview

The Public Service Regulations (Amendment) Statutory Rules 1987, enacted under the authority of the Public Service Board and approved by the Governor-General, were introduced to align the Public Service Regulations with the provisions of the Public Service Legislation (Streamlining) Act 1986. These regulations address the need to streamline and update the regulatory framework governing the redeployment and retirement of officers within the Australian Public Service, particularly in light of the repeal of the Commonwealth Employees (Redeployment and Retirement) Act 1979. The overarching policy objective of these amendments is to ensure the efficient and effective administration of the Public Service Act 1922 by modernising the regulatory framework and removing outdated provisions. This includes relocating retiring age provisions from the repealed regulations and adjusting appeal periods and conditions for redeployment and retirement notices to better align with contemporary administrative practices and policy decisions.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1987 No. 157 pertains to officers within the Commonwealth public service, specifically those in the Senior Executive Service (SES) and non-SES categories. The regulations are instrumental in redeploying and retiring officers, and they apply to the entire Commonwealth public service, ensuring compliance with the Public Service Act 1922 and the Public Service Legislation (Streamlining) Act 1986. The regulations have come into effect on 20 July 1987, following the proclamation by the Governor-General. They address the relocation of retiring age provisions from the repealed Commonwealth Employees (Redeployment and Retirement) Regulations and include amendments to streamline and update existing regulations, such as reducing the appeal period for certain notices and clarifying the conditions under which notices of unattachment, reduction, or retirement take effect. Notably, these regulations also abolish appeals related to the grant and deferment of salary increments for officers, as per Cabinet decisions. These statutory rules implement specific sections of the Public Service Act 1922 that were inserted by the Public Service Legislation (Streamlining) Act 1986. They cover the redeployment and retirement of officers, including SES and non-SES officers, with defined retiring age provisions for Air Traffic Controllers and equivalent officers. The rules also adjust the timeframes for appeals and the conditions under which retirement notices take effect, both with and without the officer’s consent. The scope of these regulations extends across all Commonwealth public service officers, but they exclude those specific areas addressed by the repealed Commonwealth Employees (Redeployment and Retirement) Regulations. Subordinate instruments may further extend or restrict the application of these regulations as needed.

Key Provisions

The Public Service Regulations (Amendment) Statutory Rules 1987 No. 157, issued under the authority of the Public Service Board, detail various amendments to the Public Service Regulations. These amendments are made in accordance with the Public Service Act 1922 (Principal Act) and the Public Service Legislation (Streamlining) Act 1986 (Streamlining Act). Regulation 1 specifies that these amendments come into operation on 20 July 1987, the effective date as proclaimed by the Governor-General. Regulation 2 removes the requirement for review procedures in relation to salary increment decisions for officers, reflecting a government decision to abolish appeals on these matters. Regulation 3 modifies the heading of Part VI, changing it from "Redeployment and Retirement of Senior Executive Service Officers" to simply "Redeployment and Retirement," to include both SES and non-SES officers. Regulation 4 repeals regulation 119, which dealt with appeal periods for certain declarations, following the repeal of section 76K. The obligations imposed by these regulations are primarily concerned with the procedural aspects of redeployment and retirement notices for officers. Regulation 5 shortens the appeal period for SES officers receiving notices of unattachment, reduction, or retirement from 21 to 14 days. Subregulations 120(1A) and (1B) detail the conditions under which such notices take effect, depending on whether the officer consents to the notice or contests it. Regulation 6 introduces Division 2, governing the redeployment and retirement of non-SES officers. Regulation 120B sets the minimum and maximum retiring ages for officers who have served as Air Traffic Controllers or in equivalent roles for at least ten years, as transcribed from the repealed Commonwealth Employees (Redeployment and Retirement) Regulations. Regulation 120C specifies the conditions under which notices of reduction or retirement for non-SES officers take effect, distinguishing between cases where the officer consents and where they do not. The regulations also address potential breaches and consequences. While the statutory rules do not explicitly list offences or penalties, breaches of the Public Service Act or the regulations could lead to various consequences under the relevant Acts. For SES officers, the shortened appeal period in Regulation 5 may impact the timeliness of administrative reviews and potential legal challenges. For non-SES officers, the provisions in Regulation 120C regarding the effective date of reduction or retirement notices may lead to disputes if not handled correctly. Although the specific penalties for non-compliance are not detailed in these rules, they could include administrative sanctions, financial penalties, or legal actions under the broader legislative framework of the Public Service Act.

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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.