Public Service Regulations (Amendment) 1995 No. 243
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 243
Issued by the Authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
The Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Part V of the Public Service Regulations govern the transfer and promotion of officers and directions for officers to perform temporarily the duties of another office. Within Part V, regulation 116A provides that the Secretary of a department may direct an officer to perform temporarily the duties of another office in that department. Regulation 116B requires that a direction to act in a position below a certain level (generally, the Senior Officer Grade C level) for more than three months must be notified in a manner that is likely to be noticed by other officers. Regulation 116C allows an officer who believes that he or she would perform the duties of an office more efficiently than an officer who has been selected to act in that office to appeal to the Merit Protection and Review Agency against the Secretary's direction that the other officer act in the position. An appeal can only be lodged against such a direction if the period of acting is more than three months ("the nonappellable period") and, generally, if the office is below the Senior Officer Grade C level.
The purpose of the proposed regulations is to extend the non-appellable period for acting arrangements from three to twelve months. The decision to extend the nonappellable period was announced in the 1995-96 Budget and will result in more efficient administration within the Australian Public Service.
Regulation 1 provides that the Public Service regulations are amended as set out in the following Regulations.
Regulation 2 would amend paragraph 116B(2)(a) of the Regulations by omitting the reference to three months and substituting a reference to twelve months. This change is reflected in the title to regulation 116B.
Regulation 3 of the proposed regulations would amend Regulation 116D, consistent with the amendment to be made to Regulation 116B, by omitting the reference to three months in subparagraph 116D(1)(h)(ii) and substituting a reference to twelve months. Regulation 116D sets out the circumstances in which an appeal against a direction to act is taken to have lapsed. Subparagraph 116D(1)(h)(ii) provides that an appeal is deemed to have lapsed where the Secretary of a department advises the Merit Protection and Review Agency that the release of the appellant to perform the duties of the office would cause substantial difficulties in the functioning of the department and where the effect of subtracting from the total period of acting the period during which the appellant would be unavailable would be to leave no continuous period of three months or more for the appellant to act in the position.
Regulation 4 is a transitional provision which provides that, notwithstanding the amendments to regulations 116B and 116D, those regulations as they were in force immediately before the date on which the amendments commence continue to apply in relation to directions made before that date as if the amendments had not been made.
This will preserve the rights of officers to appeal against a direction that another officer act in a position if the direction had been made before the amendments take effect.
The regulations commenced on gazettal.
Overview
The Public Service Regulations (Amendment) 1995 No. 243, issued by the authority of the Prime Minister, amends the Public Service Regulations under the Public Service Act 1922. This amendment was enacted to address a gap in the administrative efficiency of the Australian Public Service by extending the period during which officers cannot appeal a direction to perform the duties of another office from three to twelve months. The primary policy objective behind this amendment is to enhance the efficiency of the public service by reducing the administrative burden associated with frequent appeals over acting arrangements. These regulations commenced upon gazettal, preserving the rights of officers who were subject to acting arrangements before the amendments took effect.
Scope and Application
The Public Service Regulations (Amendment) 1995 No. 243, issued under the Public Service Act 1922, amend Part V of the Public Service Regulations concerning the temporary assignment of duties within departments. The primary focus of these amendments is the extension of the non-appellable period for acting arrangements from three months to twelve months. This change applies to officers within the Australian Public Service who are directed by the Secretary of a department to temporarily perform the duties of another office. The extended period means that officers can no longer appeal against a direction to act in a position for up to twelve months, provided the position is below the Senior Officer Grade C level. This amendment is designed to streamline administrative processes and improve efficiency within the public service. The regulations also include transitional provisions to ensure that officers who were subject to a direction before the amendments took effect retain their rights to appeal. These regulations apply nationally across all Commonwealth departments and are effective from the date of gazettal.
Key Provisions
The Public Service Regulations (Amendment) 1995 No. 243 amends the Public Service Regulations by extending the period during which an officer cannot appeal a direction to perform the duties of another office from three months to twelve months. Regulation 2 alters paragraph 116B(2)(a) of the Regulations, replacing the reference to three months with twelve months, effectively changing the non-appellable period for acting arrangements. This amendment is designed to streamline administrative processes within the Australian Public Service by reducing the number of appeals during the initial period of acting. Regulation 3 similarly adjusts Regulation 116D by replacing the three-month reference with twelve months in subparagraph 116D(1)(h)(ii), which pertains to the circumstances under which an appeal against a direction to act is deemed to have lapsed. Regulation 4 serves as a transitional provision, ensuring that directions made before the amendments take effect retain their original appeal rights.
The amended regulations impose specific obligations on the parties involved. The Secretary of a department retains the authority to direct an officer to perform the duties of another office, as stipulated in regulation 116A. However, the obligation to notify other officers of such a direction, if it extends beyond twelve months, is now required under regulation 116B. Officers who believe they are more suited to perform the duties of an office have the right to appeal to the Merit Protection and Review Agency if the acting period exceeds twelve months, as per regulation 116C. The Merit Protection and Review Agency must then consider the appeal in light of the new regulations, particularly under regulation 116D, which outlines the conditions under which an appeal is deemed to have lapsed.
Breach of these regulations could lead to legal consequences. While the regulations themselves do not explicitly outline offences or penalties for non-compliance, any actions taken under these regulations could potentially be subject to judicial review if they are deemed to contravene the Public Service Act 1922 or other related laws. The regulations come into effect immediately upon gazettal, and their enforcement would depend on the broader legal framework within which they operate. The amendments aim to create a more efficient administrative environment but also necessitate careful adherence to the new timelines and conditions set forth.