Federal Register of Legislation - Australian Government

Primary content

Public Service Legislation Amendment Act 1995

  • - C2004A05003
  • No longer in force
Act No. 153 of 1995 as made
An Act to amend the Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922, and for related purposes
Administered by: Prime Minister and Cabinet
Date of Assent 16 Dec 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995

Making Information
- Assented to 16 December 1995

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995 - TABLE OF PROVISIONS

CONTENTS
Section
1. Short title
2. Commencement
3. Schedule
SCHEDULE
AMENDMENTS OF ACTS
Merit Protection (Australian Government Employees) Act 1984
Public Service Act 1922

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995 - LONG TITLE

An Act to amend the Merit Protection (Australian Government
Employees) Act 1984 and the Public Service Act 1922,
and for related purposes

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995 - SECT 1
Short title

1. This Act may be cited as the Public Service Legislation Amendment Act 1995.


(Minister's second reading speech made in -
House of Representatives on 28 September 1995
Senate on 16 October 1995)

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995 - SECT 3
Schedule

3. The Acts specified in the Schedule to this Act are amended in accordance with the Schedule, and the other items in the Schedule have effect according to their terms.

PUBLIC SERVICE LEGISLATION AMENDMENT ACT 1995 No. 153, 1995 - SCHEDULE 1

SCHEDULE Section 3
AMENDMENTS OF ACTS
Merit Protection (Australian Government Employees) Act 1984
1. Subsection 3(1) (definition of member):
Omit "Director", substitute "Merit Protection Commissioner".
2. Subsection 3(1) (definitions of Commissioner, Director,
full-time member and part-time member):
Omit the definitions.
3. Subsection 17(5):
Omit "Commissioner", substitute "Public Service Commissioner".
4. Subparagraph 23(1)(b)(i):
Omit "Commissioner" (wherever occurring), substitute "Public
Service Commissioner".
5. Paragraph 28(1)(b):
Omit "Commissioner", substitute "Public Service Commissioner".
6. Subsection 28(2):
Omit "Commissioner", substitute "Public Service Commissioner".
7. Paragraph 33(b):
Omit "Commissioner", substitute "Public Service Commissioner".
8. Paragraph 39(7)(e):
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
9. Section 44:
Omit "Commissioner" (wherever occurring), substitute "Public
Service Commissioner".
10. Section 56:
Omit "Commissioner" (wherever occurring), substitute "Public
Service Commissioner".
11. Section 59:
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
12. Section 60:
Omit "Director", substitute "Merit Protection Commissioner".
13. Subsection 61(3):
Omit "Director", substitute "Merit Protection Commissioner".
14. Subsection 61(6):
Omit "Director", substitute "Merit Protection Commissioner".
15. Section 62:
Omit "Director", substitute "Merit Protection Commissioner".
16. Paragraph 63(1)(a):
Omit "Director", substitute "Merit Protection Commissioner".
17. Subsection 63(2):
Omit "Director", substitute "Merit Protection Commissioner".
18. Subsections 63(3), (4), (5) and (6):
Omit the subsections, substitute:
"(3) The Merit Protection Commissioner must only be appointed
after consultations, by the Minister or his or her

Back to Top

representative, with the Australian Council of Trade Unions and
the Public Service Commissioner.
"(4) Any other member must only be appointed after
consultations by the Minister or his or her representative, with
the Australian Council of Trade Unions, the Public Service
Commissioner and the Merit Protection Commissioner.
"(5) The Merit Protection Commissioner must be appointed on a
full-time basis. Any other member must be appointed on a part-
time basis.".
19. Subsection 63(7):
Omit "Director", substitute "Merit Protection Commissioner".
20. Subsection 63(9):
Omit "subsection (6)", substitute "subsection (3) or (4)".
21. Subsection 64(1):
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
22. Subsection 66(1):
Omit "a full-time member", substitute "the Merit Protection
Commissioner".
23. Paragraph 66(2)(a):
Omit "a full-time member", substitute "the Merit Protection
Commissioner".
24. Paragraph 66(2)(b):
Omit "a part-time member", substitute "any other member".
25. Section 67:
Omit "a full-time member shall not", substitute "the Merit
Protection Commissioner must not".
26. Section 69:
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
Note: The heading to section 69 is altered by omitting
"Director" and substituting "Merit Protection Commissioner".
27. Paragraph 70(1)(a):
Omit ", on a full-time or part-time basis,".
28. Paragraphs 70(1)(b) and (c):
Omit the paragraphs, substitute:
"or (c) to act as a member during any period, or during all
periods, when the member is absent from Australia or is, for any
reason, unable to perform the duties of his or her office.".
29. Subsection 70(9):
Omit "Director", substitute "Merit Protection Commissioner".
30. Subsections 71(2), (3), (4), (8) and (9):
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
31. Paragraph 75(7)(b):
Omit "a full-time member", substitute "the Merit Protection
Commissioner".
32. Paragraph 75(7)(c):
Omit "a part-time member", substitute "any other member".
33. Section 77:
Repeal the section.
34. Section 79:
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
Note: The heading to section 79 is altered by omitting
"Director" and substituting "Merit Protection Commissioner".
35. Subsection 79(1):
Omit "Director's", substitute "Merit Protection Commissioner's".
36. Paragraph 81(1)(a):
Omit "Director", substitute "Merit Protection Commissioner".
37. Paragraph 82(2)(b):
Omit the paragraph, substitute:
"or (b) a person appointed or employed, under section 18B of
the Public Service Act 1922, for the purposes of this Act; or".
38. Paragraph 82(2)(c):
Omit "Director", substitute "Merit Protection Commissioner".
39. Paragraph 84(1)(b):
Omit the paragraph, substitute:
"or (b) a person appointed or employed, under section 18B of
the Public Service Act 1922, for the purposes of this Act; or".
40. Paragraph 84(1)(c):
Omit "Director", substitute "Merit Protection Commissioner".
41. Subsections 84(6), (7) `and (8):
Omit "Director" (wherever occurring), substitute "Merit
Protection Commissioner".
42. Transitional - Director of the Agency
(1) The appointment of the person who held office as the
Director under the Merit Protection (Australian Government
Employees) Act 1984 immediately before the commencement of this
Act continues in force, on the same terms and conditions, after
that commencement as though it were an appointment as the Merit
Protection Commissioner.
(2) Anything done by the Director under the Merit Protection
(Australian Government Employees) Act 1984 before the
commencement of this Act is taken, after that commencement, to
have been done by the Merit Protection Commissioner.
43. Transitional - staff of the Agency
On the commencement of this Act, a person who immediately before
that commencement was a member of the staff referred to in
subsection 77(1) of the Merit Protection (Australian Government
Employees) Act 1984 is taken:
(a) to be a person appointed or employed, on the same terms
and conditions, under section 18B of the Public Service Act 1922
(as amended by this Act); and
(b) to have been so appointed or employed for the purposes of
the Merit Protection (Australian Government Employees) Act 1984.


Public Service Act 1922
44. Subsection 18B(1):
After "the Commissioner's functions," insert "or required for
the purposes of the Merit Protection Act,".