EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 272
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (the Act) provides, inter alia, 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 Act.
These regulations relate to the filling of vacancies in Senior Executive Service offices and to the appeal rights of Senior Executive Service officers. Details of the regulations are set out below.
Regulation 1 provides for these regulations to come into operation on 1 October 1984. This day has bn fixed by Proclamation as the day on which the provisions of the Public Service Reform Act 1984 relating to the Senior Executive Service are to come into operation.
Regulation 2 inserts new Parts V and VI into the Public Service Regulations.
Part V comprises the following regulations:
• Regulation 105 - prescribes periods of 6 months for the purposes of section 33AA of the Act which relates to the notification of the Board by Secretaries of all vacancies of Senior Executive Service offices and the notification in the Gazette of all such vacancies which it is proposed to fill by promotion or appointment.
• Regulation 105A - under section 49D of the Act provision is made for promotions and transfers to come into effect on the ‘prescribed day’. This term is defined in section 48B by reference to regulations. The effect of the regulations is that promotions and transfers by the Board between departments will take effect 14 days after the promotion or transfer is notified in the Gazette. Transfers within departments will take effect on the day specified in the notice of transfer, except in cases where the officer has not indicated agreement to the transfer, in which case a period of at least 14 days is to be allowed so that the officer may apply to the Board for permission to decline the transfer.
• Regulation 105B - requires Secretaries of Departments and the Board to notify certain transfers in the Gazette.
Part VI relates to the retirement and redeployment of Senior Executive Service officers and comprises the following regulations:
• Regulation 106 - prescribes 21 days as the period for appealing against declarations made under section 76K of the Act that an officer is eligible for redeployment.
• Regulation 106A - prescribes 21 days as the period for appealing against notices of redeployment or retirement issued under section 76L of the Act.
Regulation 3 amends regulation 116 of the Public Service Regulations to exclude Senior Executive Service officers from the application of the appeal provisions relating to the selection of officers for the temporary performance of duties.