Statutory Rules
1976 No. 302
REGULATION UNDER THE PUBLIC SERVICE ACT 1922.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulation.
Dated this twenty-first day of December, 1976.
A. S. COOLEY
Chairman.
D. LINEHAN
Commissioner.
J. C. TAYLOR
Commissioner.
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulation.
Dated this twenty-third day of December, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. J. WEBSTER
Minister of State for Science for and on behalf of the Prime Minister
Amendment of the Public Service Regulations†
After Part VII of the Public Service Regulations the following Part is inserted:—
“ Part VIIa—Preservation of Rights of Former Officers who are Transferred to the Public Service of the Northern Territory
Definition.
“ 120a. In this Part, ‘ relevant person ’ has the same meaning as in section 84c of the Act.
* Notified in the Australian Government Gazette on 30 December 1976.
† Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1976, No. 17 and see also Statutory Rules 1976, Nos. 17, 18, 71, 95, 96, 116, 152, 153, 154, 155, 167, 178, 180, 182, 229, 231, 248 and 300.
Modification of Act.
“ 120b. For the purpose of enabling a relevant person to be transferred or promoted to an office in the Australian Public Service or to appeal against the promotion of another person to such an office, the Act shall be deemed to have effect in relation to that relevant person as if—
(a) each reference in section 50, 53 or 53a of the Act to an officer included, so far as is applicable, a reference to a relevant person;
(b) the words ‘ an officer of a Department other than that in which the vacancy exists ’ were omitted from sub-section 50 (2) of the Act and the words ‘ a relevant person ’ were substituted; and
(c) the words ‘ the Permanent Head of the Department from which the officer is to be transferred and, upon being so notified, the last-mentioned Permanent Head shall forthwith release the officer ’ were omitted from sub-section 50 (2a) of the Act and the words ‘ the relevant person ’ were substituted.
Application of Regulations to relevant persons.
“ 120c. For the purpose of enabling a relevant person to be transferred or promoted to an office in the Australian Public Service or to appeal against the promotion of another person to such an office, these Regulations shall have effect in relation to that relevant person as if each reference in regulations 97 and 97d and Part VII to an officer included, so far as is applicable, a reference to a relevant person.
Seniority, length of service, &c.
“ 120d. For the purposes of regulations 120b and 120c—
(a) a relevant person shall be deemed to occupy the office—
(i) if he was, immediately before he ceased to be an officer of the Australian Public Service, an unattached officer—that has a designation corresponding to that applicable to him immediately before he so ceased; and
(ii) in any other case—that he occupied immediately before he ceased to be an officer of the Australian Public Service;
(b) notwithstanding the provisions of regulation 110, the seniority of a relevant person for the purposes of section 50 of the Act and of regulation 116 shall be determined by the date by which his seniority for those purposes would have been determined under regulation 110 immediately before he ceased to be an officer of the Australian Public Service;
(c) where a relevant person was, immediately before he ceased to be an officer of the Australian Public Service, an officer of the Fourth Division of that Service, any period of service by him in the Public Service of the Northern Territory since the date of his transfer to the last-mentioned Service under section 84a of the Act, or any period since that date during which the served while—
(i) holding an office or appointment that is, by virtue of regulation 120h, a prescribed office or appointment for the purposes of the definition of ‘relevant person’ in sub-section 84c (3) of the Act; or
(ii) employed as, as a member of, or by, an institution, organization or body that is, by virtue of regulation 120h, a prescribed institution, organization or body for the purposes of that definition,
shall be deemed to have been a period during which he was an officer of that Division; and
(d) if, before the date of the transfer of a relevant person to the Public Service of the Northern Territory under section 84a of the Act, his appointment to the Australian Public Service had not been confirmed, any period since that date during which he served on probation in the first-mentioned Service, or any period since that date during which he served on probation while—
(i) holding an office or appointment that is, by virtue of regulation 120h, a prescribed office or appointment for the purposes-of the definition of ‘ relevant person ’ in sub-section 84c (3) of the Act; or
(ii) employed as, as a member of, or by, an institution, organization or body that is, by virtue of regulation 120h, a prescribed institution, organization or body for the purposes of that definition,
shall be deemed to have been a period of service by him on probation in the second-mentioned Service.
Date of transfer or promotion.
“ 120e. Notwithstanding the provisions of regulation 109a, where a relevant person is transferred or promoted to an office in the Australian Public Service, he becomes an officer of that Service on the date on which he commences service in that Service in pursuance of the transfer or promotion.
Preservation of rights.
“ 120f Where a relevant person is transferred or promoted to an office in the Australian Public Service, he retains such rights (if any) in respect of recreation leave and leave on the ground of illness as had accrued to him immediately before he ceased to serve in the Public Service of the Northern-Territory.
Lapsing of promotion or transfer.
“ 120g. The transfer or promotion of a relevant person to an office in the Australian Public Service shall be deemed to be cancelled if—
(a) he does not commence service in that Service in pursuance of the transfer or promotion within a period of l month after the date-on which—
(i) he was notified of the transfer; or
(ii) the promotion was confirmed,
as the case may be; or
(b) before the expiration of the period referred to in paragraph (a), he notifies the Permanent Head of the Department in which the-office to which he was transferred or promoted is included, in writing, that he does not intend to accept the transfer or promotion.
Prescribed offices and institutions, &c.
“ 120h. For the purposes of the definition of ‘ relevant person ’ in sub-section-84c (3) of the Act—
(a) each of the following offices is a prescribed office, namely:—
(i) Managing Director of the Australian Postal Commission;
(ii) Chief General Manager of the Australian Postal Commission;
(iii) full-time Chairman of a Promotions Appeal Board appointed under section 55 of the Postal Services Act 1975;
(iv) Managing Director of the Australian Telecommunications Commission;
(v) Chief General Manager of the Australian Telecommunications-Commission;
(vi) full-time Chairman of a Promotions Appeal Board appointed under section 52 of the Telecommunications Act 1975;
(b) each office or appointment under an Act specified in the Schedule to the Officers’ Rights Declaration Act 1928, and each office or appointment in respect of the holding of which that Act applies by virtue of a provision of another Act as if that provision were specified in that Schedule, is a prescribed office or appointment;
(c) each of the following bodies is a prescribed body, namely:—
(i) the Australian Postal Commission;
(ii) the Australian Telecommunications Commission; and
(d) each institution, organization or body created by an Act specified in the Schedule to the Officers’ Rights Declaration Act 1928, and each institution, organization or body in respect of the holding of an office or appointment in which that Act applies by virtue of a provision of another Act as if that provision were specified in that Schedule, is a prescribed institution, organization or body.”.