Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1991 No. 338, enacted by the Parliament of Australia, aims to amend the Public Service Regulations to address the conduct of inquiries into misconduct charges against unattached officers under the Public Service Act 1922. The primary objective of this amendment is to ensure consistency in the disciplinary process by aligning the selection of officers to conduct inquiries with the provisions of the discipline code. Specifically, the regulation devolves the power to select officers for misconduct inquiries from the Public Service Commissioner to the Secretaries of Departments. This change allows for uniformity in the handling of misconduct cases, whether the officers are unattached or involved in other disciplinary matters. Furthermore, the amendment extends the prescribed class of persons who can direct the dismissal of unattached officers convicted of criminal offences or offences found proved without conviction, now including Senior Executive Service Officers. These amendments reflect an effort to streamline and modernise the disciplinary framework within the public service.

Scope and Application

The Public Service Regulations (Amendment) 1991 No. 338 applies to the Public Service as governed by the Public Service Act 1922. This amendment alters the provisions concerning the conduct of inquiries into misconduct, specifically focusing on officers who are charged with misconduct either before becoming unattached officers or while they are unattached. The amendment grants Secretaries of Departments the authority to select officers to undertake such inquiries, aligning with the discipline code which allows Secretaries to appoint officers for other disciplinary cases. Additionally, the regulation extends the prescribed class of persons who may direct the dismissal of an unattached officer convicted of a criminal offence to include Senior Executive Service Officers. These regulations impact the conduct and oversight within the public service and extend to all Commonwealth officers and entities governed by the Public Service Act 1922. There are no stated exclusions or exemptions in this amendment, and the jurisdictional reach is limited to the Commonwealth of Australia.

Key Provisions

The Public Service Regulations (Amendment) 1991 No. 338 modifies the Public Service Regulations concerning the conduct of inquiries into misconduct allegations against unattached officers. Under the Public Service Act 1922, the Governor-General has the authority to make regulations to govern the conduct of such inquiries (section 97(1)(aa)). Specifically, sections 63K and 63L of the Act allow for regulations to be made regarding inquiries into misconduct, whether it occurred before an officer became unattached or while they were unattached. The amendment alters the previous provision where the Public Service Commissioner selected an inquiry officer from a prescribed class of persons (regulation 163). Now, the selection power has been devolved to the Secretaries of Departments, aligning with the discipline code which allows Secretaries to appoint officers to conduct inquiries in other disciplinary cases. The new regulation provides that an inquiry into misconduct charges against an unattached officer can be conducted by the Secretary of the Department or an officer appointed by that Secretary. The amendment also modifies the class of persons who can direct the dismissal of an unattached officer convicted of a criminal offence or against whom an offence was found proved without a conviction. Under section 63M(1)(b) of the Act, a person selected by the Public Service Commissioner from a prescribed class of persons can direct such dismissals. Regulation 164 previously allowed Secretaries to be part of the prescribed class for these purposes. The amendment extends this class to include Senior Executive Service Officers. The obligations imposed by these regulations require the Secretaries of Departments to select an appropriate officer to conduct inquiries into misconduct charges against unattached officers. These officers must be qualified and appointed in accordance with the discipline code, ensuring consistency with other disciplinary inquiries. Furthermore, the expanded class of persons who can direct dismissals now includes Senior Executive Service Officers, who must follow the Act's provisions when making such decisions. There are no specific offences, penalties, or consequences outlined in the regulations themselves. However, breaches of the Public Service Act 1922 or related regulations could result in disciplinary actions against the officers involved, including potential dismissal from the service. The maximum penalties for misconduct charges would be determined under the terms of the Public Service Act and the relevant disciplinary code, rather than the regulations themselves.