EXPLANATORY STATEMENT
STATUTORY RULES 1983 No 4
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Sub-section 97(1) of the Public Service Act 1922 provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required to be prescribed for giving effect to the Act.
Paragraph 97(1)(a) enables regulations to be made for defining, in relation to the officers included in a class of officers, the seniority of those officers for the purpose of transfer or promotion within that class.
Sub-section 51A provides that the regulations may make provision for or in relation to the temporary performance of the whole or a part of the duties of an office including provision for or in relation to the selection of an officer to perform temporarily the duties of an office of a classification higher than the classification of the office occupied by him and appeals in relation to such selection.
The Acting Minister for Industry and Commerce on 12 September 1982 announced a major restructuring of the Bureau of Customs and its renaming as the Australian Customs Service. The restructuring which is the result of consultations over two years between staff, staff organisations, departmental management and the Public Service Board provides for the formation of a single career stream.
As part of the arrangments associated with the formation of a single, career stream it is desired that amendments be made to the usual provisions concerning seniority in relation to transfer or promotion and selection for the temporary performance of higher duties.
In the case of transfer or promotion seniority for existing staff will be determined by reference to a common date - the commencement of the regulations - rather than by reference to the date of the officer’s appointment to the Third or Fourth Division. In the case of selection for the temporary performance of higher duties selection will be solely on the basis of relative efficiency with no reference to seniority.
The effect of these amendments will be that selection of staff in the Australian Customs Service will be almost entirely on the basis of relative efficiency and that seniority will cease to have the limited ‘tie-breaker’ role that would otherwise apply. This is consistent with the policy of amendments to the Public Service Act that will come into effect upon proclamation of the relevant provisions of the Public Service Acts Amendment Act 1982 which will abolish the divisional structure of the Service and make relative efficiency the sole criterion for staff selection.
Details of the regulations are as follows:
Regulation 1 amends regulation 110 of the Public Service Regulations to provide a common seniority date for existing officers in the Australian Customs Service who apply for transfer or promotion in that Service;
Regulation 2 amends regulation 116 of the Public Service Regulations to provide that relative efficiency is to be the sole criterion in the selection of officers for the temporary performance of higher duties as Customs Officers and in appeals relating to such selections.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1983 No 4, enacted by the Australian Government, address the need to update regulations concerning the seniority and selection processes within the Australian Customs Service following its restructuring and renaming from the Bureau of Customs. This legislation was introduced to ensure that the regulatory framework aligns with the new policy direction of the Public Service Act 1922, which emphasizes the importance of relative efficiency over seniority in staff selection and promotion processes. The regulations seek to establish a common seniority date for existing officers in the Australian Customs Service for transfer or promotion and to ensure that selection for the temporary performance of higher duties is based solely on relative efficiency, thereby reflecting the broader policy objective of the Public Service Acts Amendment Act 1982.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No 4 applies to officers within the Australian Customs Service, specifically those who are part of the newly formed single career stream following the restructuring of the Bureau of Customs. This legislation, under the authority of the Public Service Act 1922, aims to redefine the seniority criteria for transfer or promotion and the selection process for the temporary performance of higher duties. Regulation 1 sets a common date for determining the seniority of existing officers for transfer or promotion purposes, while Regulation 2 establishes that relative efficiency will be the sole criterion for selecting officers for the temporary performance of higher duties, thereby removing seniority as a factor in this selection process. These changes reflect the overarching policy shift towards basing staff selection primarily on relative efficiency, in alignment with the Public Service Acts Amendment Act 1982. The amendments apply nationally across the Commonwealth, impacting all officers within the Australian Customs Service.
Key Provisions
The key operative sections of the Public Service Regulations (Amendment) involve specific amendments to existing regulations concerning seniority and selection processes within the Australian Customs Service. Regulation 1 (s. 1) alters regulation 110 to establish a common date for determining seniority among existing officers applying for transfer or promotion. This change ensures that seniority is measured from the commencement of the regulations, rather than from the date of an officer's appointment to the Third or Fourth Division. Regulation 2 (s. 2) modifies regulation 116, stipulating that relative efficiency will be the sole criterion for selecting officers to temporarily perform higher duties, including in any appeals regarding such selections. This amendment eliminates any consideration of seniority in these processes.
The obligations and requirements imposed by these regulations primarily concern the Australian Customs Service and its officers. Under Regulation 1, officers must now base their claims for transfer or promotion on a seniority date that is uniform across all existing staff, rather than their individual appointment dates. This aims to create a more equitable system for assessing suitability for higher roles within the service. Regulation 2 shifts the focus from seniority to relative efficiency when selecting officers for temporary higher duties. This means that decisions will be based solely on an officer's efficiency relative to others, rather than their standing in the seniority list. These changes require the service to implement new assessment processes that prioritize efficiency over seniority.
The regulations also outline the consequences for non-compliance with these new provisions. While the explanatory statement does not explicitly detail specific offences or penalties for breaching these regulations, the nature of these amendments suggests that failure to adhere to the new criteria for seniority and selection could lead to procedural challenges or disputes. Given the authoritative nature of these amendments, non-compliance might result in administrative consequences, such as appeals or reviews by officers who feel unfairly treated by the new selection criteria. Additionally, the broader legislative context implies that significant breaches could potentially lead to legal scrutiny, though the specific penalties are not detailed in the explanatory statement provided.