Public Service Regulations (Amendment)

STATUTORY RULES.

1959. No. 11.

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1958.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1958, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this thirteenth day of February, 1959.

W. E. DUNK

Chairman.

K. E. GRAINGER

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 twentieth day of February, 1959.

W. J. SLIM

Governor-General.

By His Excellency's Command,

A. R. DOWNER

for and on behalf of the Prime Minister.

AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS.†

1. Regulations 24 and 25 of the Public Service Regulations are repealed and the following regulations inserted in their stead:—

Record of punishments.

"24.—(1.) Where a punishment is imposed on an officer under section 55, section 56 or section 62 of the Act, the Chief Officer shall cause a record of that punishment to be made in the official conduct record of the officer.

* Notified in the Commonwealth Gazette on 26th February, 1959.

† Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74. 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; 1942, Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943, Nos. 271, 272 and 301; 1944, Nos. 6, 132, 138 and 143; 1945, Nos. 15, 35, 115, 118 and 124; 1946, Nos. 22, 68, 120, 124 and 153; 1947, Nos. 1, 2, 122, 123, 134, 146, 147, 158 and 163; 1948, Nos. 32, 49, 68, 71, 97, 149, 157 and 158; 1949, Nos. 1, 81, 84 and 98; 1950, Nos. 73, 88, 99 and 100; 1951, Nos. 13, 33, 77 and 101; 1952, Nos. 9, 19, 51 and 94; 1953, Nos. 2, 20, 47, 51, 70 and 93; 1954, Nos. 12, 57, 94, 103 and 126; 1955, Nos. 43, 48 and 67; 1956, Nos. 48, 49, 50 and 133; 1957, Nos. 22 and 58; and 1958, Nos. 37 and 57.

6915/57.—PRICE 5D.

"(2.) Where an officer is promoted or transferred from one Department to another Department, the appropriate officer of the Department from which the officer is promoted or transferred shall transmit the official conduct record of the officer to the appropriate officer of the Department to which the officer is promoted or transferred and that record shall be maintained in accordance with the provisions of this regulation.

"(3.) The record of a punishment imposed on an officer under subsection (2.) of section 55 of the Act shall be kept for a period of two years after the date of the imposition of the punishment, and upon the expiration of that period the Chief Officer shall cause the record of that punishment to be destroyed.

"(4.) Subject to the next succeeding sub-regulation, the record of a punishment imposed on an officer under sub-section (3.) of section 55 or under section 56 or section 62 of the Act shall be kept for a period of ten years after the date of the imposition of the punishment, and upon the expiration of that period the Chief Officer shall cause the record of that punishment to be destroyed.

"(5.) If, within the period of ten years after the date of the imposition of a punishment on an officer under sub-section (3.) of section 55 or under section 56 or section 62 of the Act—

(a) a further punishment is imposed on the officer under the provisions of that sub-section or one of those sections; or

(b) a punishment is imposed on the officer under sub-section (2.) of section 55 of the Act and the record of the last-mentioned punishment remains in the officer's official conduct record at the expiration of that period,

the record of the first-mentioned punishment shall be kept until the record of the subsequent punishment is destroyed in accordance with sub-regulation (3.) or sub-regulation (4.) of this regulation, as the case may be.

"(6.) Whenever the record of a punishment is destroyed in accordance with this regulation, the Chief Officer shall notify the Board and the Board shall cause its record of that punishment to be destroyed or expunged from the records maintained by the Board.

"(7.) Where by way of punishment an officer is dismissed from the Service or reduced to a lower Division, class, or position and salary, or his salary is reduced, the provisions of this regulation do not operate so as to require the expunging of the record of the fact of the dismissal or reduction from any records kept in relation to the officer other than his official conduct record.

"(8.) The provisions of this regulation apply to and in relation to any punishment imposed on an officer under section 55, section 56 or section 62 of this Act before the commencement of this regulation and, where the period prescribed by this regulation for the keeping of the record of such a punishment has expired at the date of that commencement, that record shall be destroyed forthwith.

Definition of punishment

"25. For the purposes of the last two preceding regulations, a punishment in respect of which an officer may appeal shall not be deemed to have been imposed on the officer until—

(a) the period within which the officer may appeal has elapsed without an appeal having been made by the officer; or

(b) where the officer has appealed—the appeal has been determined, and the punishment imposed on an officer who has appealed is the punishment to which he is subject after determination of the appeal.".

2. Part XI. of the Public Service Regulations is repealed and the following Part inserted in its stead:—

"PART XI.—APPOINTMENT OF RETURNED SOLDIERS.

Prescribed public examinations—returned soldiers.

"153.—(1.) For the purposes of paragraph (a) of sub-section (1.) of section 84 of the Act, each of the following examinations is a prescribed public examination:—

(a) an examination specified in the second column of the Fourth Schedule of these Regulations conducted by the University or other public examining body specified in the first column of that Schedule opposite to that Examination;

(b) an examination, other than an examination specified in the Fourth Schedule to these Regulations, conducted by a University or other public examining body in—

(i) the Commonwealth of Australia;

(ii) The United Kingdom of Great Britain and Northern Ireland;

(iii) The Dominion of Canada;

(iv) The Dominion of New Zealand;

(v) the Union of South Africa,

the passing of which qualifies a person for admission to a University for a degree course; or

(c) the examination or the possession of educational qualifications that a University in Australia has certified to be a qualification for matriculation for a degree course at that University.

"(2.) For the purposes of paragraph (b) of sub-section (1.) of section 84 of the Act—

(a) the Intermediate Certificate Examination conducted by the Department of Education of the State of New South Wales; and

(b) the Junior Public Examination conducted by the University of Queensland,

are prescribed public examinations.

"(3.) For the purposes of paragraph (b) of sub-section (1.) of section 84 of the Act a returned soldier is required to have passed, in the same year, in any four or more of the subjects of an examination referred to in the last preceding sub-regulation.".

Fourth Schedule,

3. The Fourth Schedule to the Public Service Regulations is repealed and the following Schedule inserted in its stead:—

FOURTH SCHEDULE. Regulation 153.

PRESCRIBED EXAMINATIONS FOR PURPOSE OF SECTION 84 (1.) (a) OF THE ACT.

FOURTH SCHEDULE—continued.

6915/57.—2

FOURTH SCHEDULE—continued.

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