STATUTORY RULES
1970 No.
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REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968, hereby makes, subject to the approval of the Governor-General, the following Regulation.
Dated this twenty-seventh day of February, 1970.
Chairman.
Commissioner.
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 Regulation.
Dated this twentieth day of March, 1970.
Paul Hasluck
Governor-General.
By His Excellency's Command,
Minister of State for the Army
for and on behalf of the Prime Minister.
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Amendments of the Public Service Regulations†
1. Regulation 112 of the Public Service Regulations is repealed and the following regulation inserted in its stead:—
Conditions for transfer or promotion from the Fourth Division to the Third Division.
“112.—(1.) For the purposes of this regulation, an officer holds the appropriate educational qualifications for transfer or promotion to the Third Division, if the Board has certified that—
(a) the officer has passed an examination for transfer to the Third Division held by or on behalf of the Board;
(b) the officer has passed, under conditions approved by the Board, in such subjects of a public examination approved by the Board as satisfy requirements determined by the Board for transfer to the Third Division; or
* Notified in the Commonwealth Gazette on 1970
† Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulation, see footnote † to Statutory Rules 1970, No. 7 and see also Statutory Rules 1970, No. 7.
25960/69-Price 8c 10/29.1.1970
(c) the officer has been admitted, or is eligible to be admitted, to a degree of an Australian University or to a degree of an overseas University, being a degree that in the opinion of the Board is of a standard at least equal to the standard of a degree conferred by an Australian University.
“(2.) The prescribed conditions for the transfer or promotion of an officer from the Fourth Division to the Third Division are—
(a) that the conduct, diligence and efficiency of the officer in the period since the officer was appointed or, if before his appointment as an officer, he was employed in a temporary capacity under the Act, since the commencement of that employment or in the period of twelve months preceding the date of his transfer or promotion to the Third Division, whichever is the less, have been satisfactory;
(b) that—
(i) the officer holds the appropriate educational qualifications for transfer or promotion to the Third Division;
(ii) the officer was previously an officer of the Third Division and was promoted to the Fourth Division or transferred to the Fourth Division (other than by a transfer made in pursuance, of section 55 or 62 of the Act or in pursuance of section 67 of the Act on grounds others than injury or illness);
(iii) in the case of a transfer or promotion to an office referred to in sub-regulation (9.) of regulation 105 of, or in Part V. of the Fourth Schedule to, these Regulations, or of a transfer to the Third Division as the occupant of such an office the officer holds the appropriate educational qualifications for transfer or promotion to the Third Division or the officer has passed an examination conducted by or on behalf of the Board, being an examination determined by the Board to be an examination the passing of which qualifies the officer for transfer or promotion to the Third Division to or in that office; or
(iv) in an appropriate case, the officer possesses the qualifications, and complies with the conditions, specified in a determination by the Board under section 53 of the Act that is applicable in relation to the office in the Third Division to which the officer is to be transferred or promoted; and
(c) in the case of a transfer or promotion to an office in the Third Division, being an office for appointment to which applicants are required, as a condition precedent to appointment, to pass a test approved by the Board for determining their aptitude and capacity for performing the duties of the office, that the Board has certified that the officer has passed such a test.
“(3.) The prescribed condition under which an officer of the Fourth Division who does not satisfy any of the conditions specified in sub-paragraph (i), (ii) and (iii) of paragraph (b) of the last preceding sub-regulation may be transferred or promoted to a vacant office in the Third Division, being an office for the performance of the duties of which an officer is required to possess special skill or technical knowledge is, notwithstanding anything contained in those sub-paragraphs, that, after the notification of the existence of the vacancy has been published in the Gazette, the Board has certified that—
(a) the office is such an office;
(b) the officer of the Fourth Division has the special skill or technical knowledge required for the performance of the duties of the office; and
(c) there is no applicant available for transfer or promotion to the office who is as capable of performing the duties of the office as the officer of the Fourth Division.”.
Preservation of certain rights to transfer from Fourth Division to Third Division.
2.—(1.) Notwithstanding the amendment made by the last preceding regulation or anything contained in regulation 112 of the Public Service Regulations, an officer of the Fourth Division, being a returned soldier, who—
(a) was, immediately before the prescribed date, an applicant for transfer to an office of Clerk in the Third Division; and
(b) had, before the prescribed date—
(i) passed an examination referred to in sub-regulation (1.) of regulation 153 of the Public Service Regulations as in force immediately before that date; or
(ii) passed, in the same year, in any four or more of the subjects of an examination referred to in sub-regulation (2.) of that regulation as so in force,
may be transferred to an office of Clerk in the Third Division, being an office in respect of which salary is payable in accordance with the scale of rates of salary specified in item 1 of Part II. of the Fourth Schedule to the Public Service Regulations.
(2.) The provisions of paragraph (a) of sub-regulation (2.) of regulation 112 of the Public Service Regulations as amended by the last preceding regulation apply in relation to the transfer of an officer to the Third Division in pursuance of the last preceding sub-regulation.
(3.) In this regulation, “the prescribed date” means the eighteenth day of May, 1961, being the date of commencement of regulation 9 of Statutory Rules 1961, No. 68.
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