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.
Overview
The Statutory Rules 1982 No 257, issued under the authority of the Public Service Board, amend the Public Service Regulations to address issues with the existing grievance handling processes within the Australian Public Service. These changes were enacted to modernise and formalise the grievance mechanisms provided for under the Public Service Act 1922. The Public Service Board, acting under the authority granted by sub-section 97(1) of the Act, introduced these amendments to better cater to the evolving needs of both officers and employees within the public service. The primary policy objective behind these changes is to ensure that the grievance review process is more inclusive, with clearer procedures and defined roles for those involved in the investigation and resolution of grievances, thereby enhancing the effectiveness and fairness of the process.
Scope and Application
The Public Service Regulations Amendment Statutory Rules 2004 aim to modernise the grievance handling process within the Australian Public Service by repealing and replacing regulations 6 and 33 of the existing Public Service Regulations. These regulations, which were concerned with the lodgement and investigation of grievances, have been amended to extend the statutory grievance machinery to include employees, who previously had the same rights as officers by administrative practice. The new provisions provide a more detailed statement of the procedures to be followed in the investigation of grievances and recognise the role of the Director of the Grievance and Appeals Bureau in the investigation and review of grievances. The scope of the Act applies to officers and employees of the Australian Public Service, providing them with a formal mechanism to seek review of official instructions and decisions that affect them. The Act applies across the Commonwealth, aligning with the national jurisdiction of the Australian Public Service. There are no stated exclusions or exemptions in these amendments, meaning that all officers and employees within the APS who are aggrieved by official directions are covered by the grievance provisions. The application of the Act can be further extended or restricted through subordinate instruments, as authorised by the Public Service Act 1922.
Key Provisions
The primary operative sections of these Statutory Rules are Regulation 1, which repeals existing regulation 6, and Regulation 2, which repeals existing regulation 33 and introduces new grievance provisions. Regulation 1 removes the previous grievance process and introduces a new framework for handling grievances within the Australian Public Service. Regulation 2 outlines the new procedures for investigating grievances, defining the scope of matters subject to review and specifying the roles of various officials, including the Director of the Grievance and Appeals Bureau. It also introduces proposed regulations 33A, 33B, 33C, 33D, and 33E, which detail the steps for requesting and investigating grievances. Regulation 3 ensures that complaints made under the old regulations can still be processed according to the previous rules.
These regulations impose several obligations on officers and employees within the Australian Public Service. Firstly, they must follow the prescribed procedures when lodging a grievance. This includes submitting the grievance to their Chief Officer (proposed regulation 33A) or directly to the Director of the Grievance and Appeals Bureau (proposed regulation 33C), depending on the nature of the grievance. Officers and employees are also required to continue carrying out official directions while their grievance is being reviewed, unless the direction is withdrawn (proposed regulation 33E). Additionally, the Director of the Grievance and Appeals Bureau is mandated to investigate grievances thoroughly, provide reasons for decisions, and refer matters to the Public Service Board if necessary (proposed regulation 33D).
The new provisions do not explicitly outline offences or penalties for breach within the Statutory Rules. However, failure to comply with the prescribed grievance procedures or disregard for the decisions made by the Director or the Public Service Board could lead to potential disciplinary actions or other administrative consequences. The existing framework under the Public Service Act 1922 and other relevant regulations might provide for penalties or disciplinary measures that could be applied in such cases. The specific penalties would depend on the nature of the breach and the applicable laws governing public service conduct.
Overall, the Statutory Rules aim to formalise and clarify the grievance process within the Australian Public Service, ensuring that both officers and employees have a clear and accessible pathway for addressing grievances. By introducing these new regulations, the Public Service Board seeks to enhance the efficiency and effectiveness of the grievance review process while maintaining a fair and transparent system for all involved parties.