EXPLANATORY STATEMENT
AMENDMENT OF THE PUBLIC SERVICE REGULATIONS
Statutory Rules 1982 No 257
Issued with the authority of the Public Service Board
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 which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Regulations 6 and 33 of the Public Service Regulations provide the existing basis for the lodgement and investigation of grievances within the Australian Public Service. Under regulation 33 officers who are aggrieved by an official instruction may appeal to their Chief Officer against the instruction. Where they are dissatisfied with the Chief Officer’s response they can request that their complaint be considered first by the Permanent Head and then the Public Service Board. Regulation 6 provides that officers may write to their Chief Officer about any matter affecting them for which no other review machinery exists in the Regulations; where desired by an officer the matter may be referred to the Public Service Board for consideration. By administrative practice, the scope of regulations 6 and 33 has been extended to allow for a general right of review of staff grievances.
These Statutory Rules repeal regulations 6 and 33 and substitute new grievance provisions developed by the Public Service Board. The principal changes effected by the new provisions are -
• extension of the statutory grievance machinery to include employees as well as officers. (Employees have previously been given the same rights as officers by administrative practice.)
• a more detailed statement of the procedures to be followed in the investigation of grievances
• statutory recognition of the role performed by the Director of the Grievance and Appeals Bureau, a review agency set up within the Office of the Public Service Board, in the investigation and review of grievances.
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Regulation 1 of the Statutory Rules repeals existing regulation 6 of the Public Service Regulations.
Regulation 2 of the Statutory Rules repeals existing regulation 33 and substitutes new regulations as follows -
• proposed regulation 33 is an interpretation provision and in particular defines the matters on which officers and employees may seek a review under the new provisions
• proposed regulation 33A specifies the manner in which an officer or employee aggrieved by a matter which is a departmental responsibility may request the Permanent Head to inquire into the matter, and requires the Permanent Head to make inquiries and report his findings to the officer or employee, giving reasons for any decision he has taken in relation to the matter
• proposed regulation 33B entitles an officer or employee who is dissatisfied with the response received under proposed regulation 33A to request the Director, Grievance and Appeals Bureau to review the matter
• proposed regulation 33C specifies the manner in which an officer or employee aggrieved by a matter which is outside the Permanent Head’s responsibility may request the Director, Grievance and Appeals Bureau to inquire into the matter
• proposed regulation 33D defines the procedure in accordance with which the Director, Grievance and Appeals Bureau is to carry out inquiries and reviews of grievances. In particular, where he thinks fit, the Director may refer a grievance or an aspect of a grievance to the Public Service Board for investigation. The Director is required to report his and, where applicable, the Board’s, findings to the complainant, giving reasons for any decisions taken in relation to the matter
• proposed regulation 33E provides that officers and employees who have requested a review of an official direction are nevertheless required as far as practicable to carry out the direction unless it is withdrawn.
Regulation 3 of the Statutory Rules is a transitional provision enabling complaints lodged under the existing regulations 6 and 33 to continue to be dealt with under those regulations.