Public Employment (Consequential and Transitional) Amendment Bill 1999
1999 The Parliament of the Commonwealth of Australia
Senate
Public Employment (Consequential and Transitional) Amendment Bill 1999
Explanatory Memorandum
(Circulated by Authority of the Minister for Education, Training and Youth Affairs and the Minister Assisting the Prime Minister for the Public Service, the Honourable David Kemp, MP)
THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES
ISBN: 0642 410569
CONTENTS
ATTACHMENTS 117
PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) Amendment Bill 1999 - OUTLINE
1. The Public Employment (Consequential and Transitional) Amendment Bill 1999 (hereafter `CTA Bill') deals with the consequential and transitional matters arising from the repeal of the Public Service Act 1922 (`1922 PSA') and the enactment of replacement legislation, namely, the Public Service Bill 1999 (currently before the Parliament - referred to as `PS Bill').
2. Since 19 July 1923, the 1922 PSA has provided a regulatory framework for the people management of agencies staffed under the Act (the staff in these agencies are collectively referred to as the `Australian Public Service' (`APS').
3. Following the establishment of the new legal framework for APS employees set out in the PS Bill, certain provisions will be necessary to:
* validate actions and decisions taken under the former legislation;
* cover some aspects of the transition from the old to the new employment framework; and
* make consequential amendments to other legislation which incorporates references to the 1922 PSA framework.
4. These proposed provisions are set out in the CTA Bill which will enable an orderly transition to the new employment framework for the APS that will operate within the general workplace relations framework provided by the Workplace Relations Act 1996 (`WRA').
5. Following the introduction of the above two Bills into the House of Representatives on 26 June 1997, they were referred to the Joint Committee of Public Accounts ('JCPA'). The Committee's Report 353, An Advisory Report on the Public Service Bill 1997 and the Public Employment (Consequential and Transitional) Amendment Bill 1997 ('JCPA Report') was handed down on 29 September 1997.
6. The Committee made no specific recommendations concerning the CTA Bill. On 30 October 1997, the Government moved a number of amendments to the earlier Consequential and Transitional Bill in the House of Representatives. Those amendments included the substitution of a new Schedule 1, which deals with repeals and amendments to a range of Commonwealth legislation to take account of legislative changes which had occurred since the original Bill was introduced on 26 June 1997.
7. The amended Public Employment (Consequential and Transitional) Amendment Bill 1997 was introduced into the Senate on 11 November 1997, together with the Public Service Bill 1997. The Senate amended both Bills and they were returned to the House of Representatives at the end of November 1997.
8. On 5 December 1997, the Minister Assisting the Prime Minister for the Public Service informed the House of Representatives that the Government had rejected outright the amendments made to both Bills, and that the legislation would be returned to the Senate unchanged after three months. Both Bills were formally laid aside in the House of Representatives on 5 December 1997.
9. The Bills were subsequently reintroduced unchanged into the House of Representatives on 5 March 1998. After passage through the House, the legislation was returned to the Senate which made the same amendments to the Bills as it had in November 1997. On 6 April 1998 the Government again rejected outright the amendments made by the Senate, and the Bills were laid aside.
10. The CTA Bill was reintroduced into the House of Representatives on 30 March 1999 unamended. The Bill was identical to the amended CTA Bill introduced into the Senate on 11 November 1997 (apart from changing the relevant dates from 1997 to 1999).
11. On 27 September 1999, the Government moved a number of amendments to the Public Employment (Consequential and Transitional) Amendment Bill 1999 in the House of Representatives.
12. The principal amendments, which were mainly of a technical nature, agreed to by the House of Representatives were in the following areas:
* inserting a new Schedule 1 to the CTA Bill, to update the list of Acts being amended by the CTA Bill to take account of legislative changes which had
Back to Top occurred since 1998;
* amending the transitional provisions relating to APS officers engaged in eligible public employment under first and second tier mobility coverage under the 1922 PSA ;
* converting the current Merit Protection Commissioner under the MP(AGE)A to the Merit Protection Commissioner appointed under the new Act;
* increasing the options available to the Remuneration Tribunal in terms of its advice on the annual salary of Members of Parliament and expanded the functions of the Remuneration Tribunal;
* extending the transitional period, from up to twelve months to up to three years, before a continued determination made under the former s.82D of the 1922 PSA ceases to be in force; and
* maintaining access to the Commonwealth superannuation schemes for persons covered by the mobility provisions of the 1922 PSA.
13. There were also a number of amendments which were made to ensure that references and terminology within the CTA Bill are consistent with the PS Bill 1999.
14. A list of the abbreviations in this Explanatory Memorandum (`Ex Memo') is at Attachment C.
Financial Impact Statement
15. The proposed amendments have no financial impact.
CTA Bill
16. Notes on the clauses of the CTA Bill are set out below.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1 - Short title
1.1. The CTA Bill, when passed, will be known as the Public Employment (Consequential and Transitional) Amendment Act 1999 (CTA Bill cl.1).
Clause 2 - Commencement
1.2. Subject to any special requirements in relation to particular consequential amendments, this Bill will commence on the same day as the Public Service Act 1999 (CTA Bill s-cls.2(1)).
1.3. If an amending item in Schedule 1 of the CTA Bill amends another Act, and the whole of the amended Act is expressed to commence at one time, and at the time when the Public Service Act 1999 commences, the amended Act has not yet been enacted or has been enacted but has not yet commenced, then the amending item commences immediately after the commencement of the amended Act (CTA Bill s-cl.2(3)).
1.4. If an amending item in Schedule 1 of the CTA Bill amends a part of or, a section of another Act (the amended section) and at the time when the Public Service Act 1999 commences the amended section has not yet been enacted or has been enacted but has not yet commenced, then the amending item commences immediately after the commencement of the amended section (CTA Bill s-cl.2(4)).
1.5. If an amending item in Schedule 1 of the CTA Bill is expressed to amend, or to amend a part of, or a specified subsection or definition (the amended provision) and at the time when the Public Service Act 1999 commences, the amended provision has not yet been enacted or has been enacted but has not yet commenced, then the amending item commences immediately after the commencement of the amended provision (CTA Bill s-cl.2(5)).
1.6. Where the CTA Bill amends another Act, but that other Act is repealed at or before the commencing time, then the amending item never commences (CTA Bill s-cl.2(6)).
1.7. There will also be specific commencing times for particular amendments in relation to the Employment and Training Amendment Act 1999 (CTA Bill s-cls.2(7)).
Part 2 - Repeals and amendments
Clause 3 - Schedules
2.1. The Acts specified in Schedule 1 will be amended or repealed as set out in that Schedule (CTA Bill cl.3).
2.2. The amendments can be divided into the following categories:
* changes in the provisions relating to staffing;
* removal of obsolete references to the Public Service Board (PSB);
* removal of references to the 1922 PSA s.87E which preserves certain rights in relation to leave;
* amendments to the superannuation legislation;
* remuneration and allowances;
* removal of references to reciprocal mobility;
* removal of references to Part IV mobility;
* changes for terms covered by the Default Translation Table; and
* other miscellaneous amendments to ensure appropriate links to the new APS
Back to Top employment framework.
2.3. Each of these categories is discussed below.
Staffing provisions
2.3.1. The 1922 PSA was originally drafted by reference to Secretaries of Departments of State (see 1922 PSA s.25).
2.3.2. These 1922 PSA staffing arrangements have been applied by other legislation constituting, or relating to, a Commonwealth body having APS staff. Two provisions were usually inserted in the legislation (the precise wording sometimes differed):
* the first provision stated that the staff of the body would be `persons appointed or employed under' 1922 PSA (see, e.g. WRA s-sec.83(1) in relation to the Industrial Registry and 1922 PSA s-sec.18B(1) in relation to the PSMPC); and
* the second provision stated that the head of the body would have all the powers of an APS Secretary relating to `the branch of the Australian Public Service comprising the staff' referred to in the first provision `as if that branch were a separate Department of the Australian Public Service' (see, e.g. WRA s-sec.83(2) in relation to the Industrial Registrar and 1922 PSA s-sec.18B(2) in relation to the Public Service Commissioner).
2.3.3. In the case of the Auditor-General and the Commissioner of Taxation, the staffing provisions were included in 1922 PSA itself (see 1922 PSA s-sec.25(4)), rather than in their constituting legislation.
2.3.4. Without changing the policy in the legislation being amended, the CTA Bill will replace all the current 1922 PSA staffing provisions with standard provisions that state that for the purposes of the PS Bill:
(a) the [person with the Secretary powers under the 1922 PSA] and the APS employees assisting the [person with the Secretary powers] will together constitute a Statutory Agency; and
(b) the [person with the Secretary powers under the 1922 PSA] will be the Agency Head of that Statutory Agency.
2.3.5. In these new staffing provisions the term `APS employee' will be expressed to have the same meaning as in the PS Bill.
2.3.6. The normal location for this provision in an Act will be in the section dealing with staffing matters at the moment. If there is no existing section about staffing matters, then an additional provision will be included to provide that the staff necessary to assist the [person with the Secretary powers under the 1922 PSA] will be required to be persons engaged under the PS Bill. This has been done for
* the Australian National Audit Office;
* the Australian Taxation Office.
2.3.7. An alternative amendment to the staffing provisions is provided for the Human Rights and Equal Opportunity Commission - set out in amendment to the Human Rights and Equal Opportunity Commission Act 1986 but depending on the timing of other amending legislation (see CTA Bill s-cls.3(2) and (3)).
2.3.8. A list of the Acts to be amended in relation to their staffing provisions is contained in Attachment B, Parts C and D, to the Explanatory Memo on the PS Bill.
2.3.9. Where a change to the staffing provisions in other legislation is made by the Schedule to the CTA Bill this is described in this Ex Memo as
`This changes the staffing provisions for...'
Obsolete references to the PSB
2.3.10. Some Acts have required that the terms and conditions of non-APS staff and of consultants be approved by the PSB (now, in effect, the Department of Employment, Workplace Relations and Small Business as the delegate of the Public Service Commissioner). Such requirements have already been deleted from some Acts
* the Public Service and Statutory Authorities Amendment Act 1985 repealed provisions requiring PSB approval for the terms and conditions of consultants engaged by statutory authorities; and
* the Prime Minister and Cabinet Legislation Amendment Act 1991 repealed provisions requiring PSB approval for the terms and conditions of non-APS staff.
2.3.11. However, there are still some Acts which retain an approval role for the Public Service Commissioner (as the successor to the PSB by virtue of s-sec.11(7) of the Administrative Arrangements Act 1987 - but by delegation to the Secretary of what is now DEWRSB - formerly DIR) in relation to the terms and conditions of non-APS staff:
* Aboriginal Affairs (Arrangements with the States) Act 1973;
* Australian Bureau of Statistics Act 1975;
* Australian Security Intelligence Organisation Act 1979;
* Commonwealth Electoral Act 1918;
* Governor-General Act 1974;
* High Court of Australia Act 1979;
* Mint Employees Act 1964;
* National Parks and Wildlife Conservation Act 1975;
* Statistics (Arrangements with States) Act 1956; and
* Supply and Development Act 1939.
Back to Top 2.3.12. In a devolved environment which emphasises the employer responsibilities of Commonwealth agencies, the retention of this central approval role is obsolete. Accordingly, a number of these Acts will be amended by the Schedule to the CTA Bill to remove this approval role.
2.3.13. Where such a change is made to other legislation by the Schedule to the CTA Bill this is described in this Ex Memo as
`This removes an obsolete reference to the PSB.'
References to 1922 PSA s.87E
2.3.14. After the new Part IV mobility provisions in the 1922 PSA came into effect on 15 March 1981, APS staff on first-tier mobility and `engaged in eligible public employment' were able to preserve, and to continue to accrue, their recreation and sick leave credits as if they were still employed in the APS (1922 PSA s.87E). While they are in eligible public employment they also generally continue to be covered by the Long Service Leave (Commonwealth Employees) Act 1976 (either directly or by virtue of 1922 PSA s.87F).
2.3.15. There are also provisions in various Acts which provide that the recreation leave entitlements of various statutory office holders will be as determined by the Remuneration Tribunal, `subject to' 1922 PSA s.87E. These Acts are listed at Attachment A.
2.3.16. These references to 1922 PSA s.87E will be removed, consequential on the repeal of Part IV of the 1922 PSA. Leave arrangements during the transitional period will be preserved (CTA Bill cl.6).
2.3.17. Where this reference to s.87E is removed from other legislation by the Schedule to the CTA Bill this is described in this Ex Memo as
`This removes a reference to 1922 PSA s.87E.'
Superannuation legislation
2.3.18. There will be a number of consequential amendments to the existing superannuation legislation in relation to APS staff and certain other people.
2.3.19. These amendments are not intended to have any effect on the operation of the superannuation schemes:
* Commonwealth Superannuation Scheme (`CSS') provided for by the Superannuation Act 1976; and
* Public Sector Superannuation Scheme (`PSS') provided for by the Superannuation Act 1990.
2.3.20. Amendments to the Superannuation Act 1976 and the Superannuation Act 1990 will ensure that, following the repeal of the 1922 PSA, persons who continue in eligible public employment (within the meaning of Part IV of the 1922 PSA) during the transitional period (within the meaning of Part 3 of the CTA Bill) and persons who after the end of the transitional period continues in the same eligible public employment in which they were engaged at the end of that period, will continued to be members of their respective Commonwealth superannuation scheme.
2.3.21. These rights might have been lost on repeal of the 1922 PSA if the respective amendments had not been made, because the membership rights of people who are compulsorily transferred out of the APS or who have moved voluntarily to other Commonwealth employment are based on the fact that they are covered by the mobility provisions of the 1922 PSA.
Remuneration and allowances
2.3.22. As a result of the devolution of the arrangements for setting SES salaries, it is intended to replace the link between the remuneration of Members of Parliament (`MPs') and SES Band 2 minimum salary with a link to some other office within the Remuneration Tribunal's jurisdiction.
2.3.23. Schedule 3 of the Remuneration and Allowances Act 1990 is amended to allow for the annual salary of MPs to be linked to either the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2 officer, or by regulation, and following advice from the Remuneration Tribunal, some other reference salary. Such a reference salary can be the annual salary applicable to an office under the determining authority of the Remuneration Tribunal or a salary identified by the Remuneration Tribunal from within the principal executive office classification.
2.3.24. This increases the options for linking the annual salary of MPs to the salaries within the determining jurisdiction of the Remuneration Tribunal. It ensures that the Tribunal is consulted in relation to any link that is drawn between the salary of MPs and salaries within its jurisdiction. They will be subject to regular review in accordance with the Remuneration Tribunal Act 1973.
2.3.25. The amendments will also expand the functions of the Tribunal to include an additional function for it to determine a classification structure for principal executive offices established under the Remuneration Tribunal Act 1973.
2.3.26. In addition the Remuneration Tribunal Act has been amended to reflect the provision of advice in relation to the terms and conditions (including remuneration and allowances) for the offices of Secretary, offices of Heads of Executive Agencies, the office of Public Service Commissioner and the office of Merit Protection Commissioner in accordance with the PS Bill and for the office
Back to Top of Parliamentary Service Commissioner, the office of Parliamentary Service Merit Protection Commissioner and offices of Secretary in accordance with the Parliamentary Service Bill.
2.3.27. The Tribunal is already empowered to give advice on the remuneration of executive offices and these amendments allow the range of offices that can be placed under this provision to be expanded by authorising the employing body to determine the terms and conditions applying to the offices and to override other provisions for this purpose. The employing body is required to obtain advice from the Tribunal if it wishes to make a determination which is not consistent with the Tribunal's principal executive office classifications.
Reciprocal mobility
2.3.28. There is a small number of bodies not staffed under the 1922 PSA that have what is termed `reciprocal mobility' arrangements with the APS. The staff of these authorities are able to apply for APS jobs that are advertised in the Commonwealth Gazette, even where those jobs would not otherwise be open to non-APS staff.
2.3.29. Currently these reciprocal mobility arrangements are with:
* ACT Public Service - s.6 of Australian Capital Territory Government Service (Consequential Provisions) Act 1994;
* Albury-Wodonga Development Corporation - s.22 of Albury-Wodonga Development Act 1973;
* Austrade - s.63 of Australian Trade Commission Act 1985; and
* Australian Security Intelligence Organisation (ASIO) - s.90A of Australian Security Intelligence Organization Act 1979.
2.3.30. There have also been reciprocal mobility arrangements with the Commonwealth Funds Management, but these have lapsed.
2.3.31. In addition, there is a number of other groups who have a similar level of access to APS jobs. These groups are listed in the Commonwealth Gazette at the beginning of the material dealing with APS vacancies under the heading: `eligibility to apply for vacancies notified in the Gazette'). Once such group is the staff of the Australian Secret Intelligence Service (ASIS) - notification under s.33A of 1922 PSA (Commonwealth Gazette No. PS1, 9 January 1997, p.7).
2.3.32. It is proposed that these reciprocal mobility provisions will all be discontinued. Similar access to APS jobs advertised in the Commonwealth Gazette will be conferred by Directions by the Public Service Commissioner (see PS Bill cl.11).
2.3.33. Where a reciprocal mobility provision is removed from another Act by the Schedule to the CTA Bill this is described in the Ex Memo as
`This removes a reciprocal mobility provision.'
Part IV Mobility
2.3.34. The 1922 PSA contains (in Part IV) complex provisions relating to the rights of APS staff who leave the APS to work for non-APS Commonwealth agencies.
2.3.35. These provisions operate in most cases without any related provisions in the legislation constituting the non-APS agency to which the APS staff have moved. However, in some cases, other Acts have included references to these mobility provisions or have applied analogous provisions.
2.3.36. The new APS employment framework established under the PS Bill does not deal with mobility in the same way as the 1922 PSA and will leave these matters to be dealt with by Agency Heads under their general powers to grant leave without pay.
2.3.37. Accordingly, the CTA Bill will remove a number of references in other Acts to these mobility arrangements, e.g.
* Australian Capital Territory Government Service (Consequential Provisions) Act 1994;
* Australian Industry Development Corporation Act 1970;
* Commonwealth Electoral Act 1918;
* Governor-General Act 1974;
* Education Legislation Amendment Act 1997;
* Maternity Leave (Commonwealth Employees) Act 1973;
* Members of Parliament (Staff) Act 1984;
* Repatriation Institutions (Transfer) Act 1992;
* Special Broadcasting Service Act 1991; and
* Veterans' Entitlements Act 1986.
2.3.38. Where a mobility provision relating to 1922 PSA is removed from another Act by the Schedule to the CTA Bill this is described in the Ex Memo as
`This removes a mobility provision.'
2.3.39. Some other provisions relating to Part IV mobility have been left in other Acts because they contain historical references or are needed to assist with transitional arrangements.
Default Translation Table
2.3.40. There is a series of recurring expressions in other Acts that use the concepts relating to the staffing framework established by the 1922 PSA.
2.3.41. Examples of the types of provisions which use these concepts are:
* provisions that staff of particular bodies, or staff to perform or support particular functions, must be `persons appointed or employed under' 1922 PSA;
Back to Top * delegation provisions; and
* `make available' provisions (i.e. provisions enabling an Agency head to arrange with other bodies to `make available' their staff to work in the Agency).
2.3.42. These expressions have been given a consistent translation by the CTA Bill unless the context requires otherwise. These translations are set out in the Default Translation Table (`DTT') at Attachment B to this Ex Memo. The DTT also lists a number of common terms which were not considered to require amendment.
2.3.43. Where a provision in another Act is amended by the Schedule to the CTA Bill in accordance with the Default Translation Table, this is described in the Ex Memo as
`This amends in accordance with the DTT.'
Merit Protection (Australian Government Employees) Act 1984
2.3.44. A number of other Acts contain references to the Merit Protection (Australian Government Employees) Act 1984 which will be repealed by the CTA Bill.
2.3.45. A number of these references are historical or refer to Merit Protection and Review Agency (`MPRA') matters which may be incomplete when the PS Bill commences. These references (which will need to be retained) are contained in the following Acts:
* Members of Parliament (Staff) Act 1984, ss.3, 17, 24;
* Albury-Wodonga Development Act 1973, para.22(5)(a); and s-paras 22(5)(d)(ii), (d)(iii), (e)(ii), (e)(iii);
* Privacy Act 1988, Schedule;
* Australian Federal Police Act 1979, ss.29, 36B, 36C;
* Australian Security Intelligence Organization Act 1979 s-sec.90A(6), (9), (10);
* ACT Self-Government (Consequential Provisions) Act 1988, s.25 Schedule 4;
* Australian Trade Commission Act 1985, s.62;
* Australian Capital Territory Government Service (Consequential Provisions) Act 1994, s-sec.6(7), s.18; and
* Industrial Relations (Consequential Provisions) Act 1988, Schedule 2.
2.3.46. No changes are made to these provisions in the CTA Bill.
2.3.47. However, two of the references relate to the transfer of complaints, and will be amended to enable these complaints to be transferred to the Public Service Commissioner:
* Ombudsman Act 1976, s-sec.6(9), (10) and (11); and
* Privacy Act 1988, s-sec.50(1), (2) and (3).
2.3.48. Where an amendment is made by the Schedule to the CTA Bill to enable these complaints to be transferred to the Public Service Commissioner this is described in this Ex Memo as
`This enables a complaint to be transferred to the Public Service Commissioner.'
Miscellaneous
2.3.49. There is also a series of other changes to existing legislation:
* that are required to ensure that references to the previous 1922 PSA employment framework are now clearly linked to the new framework created by the PS Bill;
* but that are not capable of translation by reference to the DTT.
2.3.50. Examples of such amendments are those relating to references in other Acts to:
* unattached officers (e.g. in s-sec.3(1) of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994) - the concept of an unattached officer is related to the concept of office;
* `permanent head' of a particular Department of State (e.g. in s.31 of the Environment Protection (Alligator Rivers Region) Act 1978) - the Public Service Reform Act 1984 abolished the generic `Permanent Head' title and formally established `Secretary' as the standard title other than for the Parliamentary Departments;
* determinations under s.82D of the 1922 PSA (e.g. in s-sec.11(4) of the Trade Representatives Act 1933) - these references are converted to references to the corresponding provision (cl.24) of the PS Bill.
2.3.51. These amendments are described separately in this Ex Memo where they arise.
Part 3 - Transitional provisions
Clause 4 - Interpretation
3.1. The CTA Bill contains a number of interpretative provisions (CTA Bill cl.4).
Agency
3.1.1. The term `Agency' is used to describe an Agency within the meaning of the PS Bill, namely:
(a) a Department of State;
(b) an Executive Agency; or
(c) a Statutory Agency.
Back to Top Agency Head
3.1.2. The term `Agency Head' is used to describe an Agency Head within the meaning of the PS Bill.
APS employee
3.1.3. The term `APS employee' is used to describe an APS employee within the meaning of the PS Bill, namely:
(a) a person who is engaged (under PS Bill cl.22) by an Agency Head as an employee for the purposes of the Agency; or
(b) a person who, following a machinery of government change, is engaged, or determined to become engaged (under PS Bill cl.72), by the Public Service Commissioner, as an APS employee in a specified Agency.
Classification
3.1.4. The term `classification' is used to include a level.
3.1.5. This will ensure that the term `classification' will also cover unattached Secretaries who do not have a normal `classification'.
Code of Conduct
3.1.6. The term `Code of Conduct' is used to describe the Code of Conduct within the meaning of the PS Bill.
Commencing time
3.1.7. The term `commencing time' is used to describe the time at which the PS Bill will commence (CTA Bill s-cl.2(1) refers).
3.1.8. The PS Bill is to commence on a day to be fixed by Proclamation.
Continuing employee
3.1.9. The term `continuing employee' is used to describe an employee within the meaning of the 1922 PSA other than:
* a short term employee (1922 PSA s.82AD);
* a fixed term employee (1922 PSA s.82AE);
* an overseas employee (1922 PSA s.82AF); or
* a person employed under a special employment program (1922 PSA s.82AG).
3.1.10. This term is relevant to the provision in the CTA Bill which converts the status of the existing APS staff covered by this definition to the status of non-SES employee under the PS Bill (see CTA Bill s-cl.5(7)).
Continuing SES officer
3.1.11. The term `continuing SES officer' is used to describe a Senior Executive Service (`SES') officer under 1922 PSA other than an SES officer appointed for a fixed term (under 1922 PSA s.44).
3.1.12. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5). A person covered by the term `continuing SES officer' will become an SES employee when the PS Bill commences (see CTA Bill s-cl.5(4)).
Core Department
3.1.13. The term `core department' is used to describe a Department of State under
1922 PSA s-sec.25(9).
Corresponding Agency
3.1.14. The term `corresponding Agency' is used to describe the Agency within the meaning of the PS Bill that is the body which corresponds to the Department within the meaning of the 1922 PSA so far as any individual APS staff member is concerned.
3.1.15. One use of this term will be to ensure that when the PS Bill commences all existing APS staff will go to the correct corresponding agency (see CTA Bill cl.5).
Disciplinary direction
3.1.16. The term `disciplinary direction' is used to describe a disciplinary direction made by an APS agency head under the 1922 PSA, including a direction following a court conviction, of:
* an officer (1922 PSA s.62 and 63);
* an unattached officer (1922 PSA s.63K, 63L and 63M); or
* an employee (1922 PS Regs r.167).
Eligible public employment
3.1.17. The term `eligible public employment' is used to describe that same term under the `mobility provisions' (Part IV) of 1922 PSA where it is defined (1922 PSA s-sec.87(1)) to mean:
(a) employment as the holder of a public office (itself defined); or
(b) employment by a Commonwealth authority (also defined).
First-tier person
3.1.18. The term `first-tier person' is used to describe:
(a) a person to whom Division 2 of Part IV of the 1922 PSA applied
Back to Top immediately before the PS Bill commences; and
(b) a person to whom the Officers' Rights Declaration Act 1928 (`ORDA') applied because of preserved rights immediately before the PS Bill commences (1922 PSA s.87TA).
3.1.19. The term `first-tier person' is used in the provisions of the CTA Bill setting out the transitional arrangements in relation to the current mobility provisions.
3.1.20. If the transitional period for a `first-tier person' ends at the end of the relevant period (as defined in s-sec. 87D of the 1922 PSA) then the person becomes a `second-tier person' at the end of the relevant period.
Fixed-term Secretary
3.1.21. The term `fixed-term Secretary' is used to describe a Secretary of a Department of State who is appointed on a fixed-term basis (under 1922 PSA s.37).
3.1.22. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5). One use of this term will be to ensure that when the PS Bill commences persons of this status become Secretaries under the PS Bill for the unexpired portion of their original fixed term (see CTA Bill s-cl.5(1)).
Fixed-term SES officer
3.1.23. The term `fixed-term SES officer' is used to describe a person appointed as an SES officer under 1922 PSA s.44 on a fixed-term basis.
3.1.24. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5). A person covered by the term `fixed-term SES officer' will, when the PS Bill commences, become an SES employee, in the corresponding Agency (as defined) and with a corresponding classification, for a period equal to the unexpired part of the fixed term (see CTA
Bill s-cl.5(3)).
Locally engaged employee
3.1.25. The term `locally engaged employee' is used to describe a person engaged overseas by an Agency Head under PS Bill cl.74 to perform duties overseas.
3.1.26. The corresponding term that is used in the 1922 PSA is `overseas employee' (under s.82AF of the 1922 PSA).
Merit Protection Act
3.1.27. The term `Merit Protection Act' is used to describe the Merit Protection (Australian Government Employees) Act 1984 (referred to in this Ex Memo as `MP(AGE)A').
Modifications
3.1.28. The term `modifications' is used to include additions, omissions and substitutions effected by the CTA Bill.
New Act
3.1.29. The term `new Act' is used to describe the PS Bill which is being introduced at the same time as the CTA Bill.
New Act Department
3.1.30. The term `new Act Department' is used to describe a Department within the meaning of the PS Bill.
New Act Secretary
3.1.31. The term `new Act Secretary' is used to describe a Secretary within the meaning of the PS Bill.
Non-SES officer
3.1.32. The term `non-SES officer' is used to describe a person who under the 1922 PSA is an officer other than an SES officer.
3.1.33. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill s-cl.5(5)).
Old Act
3.1.34. The term `old Act' is used to describe the 1922 PSA.
Old Act Department
3.1.35. The term `old Act Department' is used to describe a Department under the 1922 PSA, which (in 1922 PSA s.7) defines a `Department' to mean:
`(a) any Department of the Service (other than a Department of the Service that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of section 7A to be specified, in Schedule 2; or
(b) a branch or part of the Service in relation to which a person has, under this Act or another Act, the powers of, or exercisable by, a Secretary as if that branch or part of the Service were a separate Department.'
Back to Top Old Act employee
3.1.36. The term `old Act employee' is used to describe a person who under the 1922 PSA was an employee (see 1922 PSA, Part III, Division 10).
3.1.37. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).
Old Act officer
3.1.38. The term `old Act officer' is used to describe a person who under the 1922 PSA was appointed or transferred to the APS as an `officer'.
3.1.39. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).
Overseas engaged employee
3.1.40. The term `overseas engaged employee' is used to describe a person who was engaged overseas under the 1922 PSA (s.87AF) to perform duties overseas - described in 1922 PSA as an 'overseas employee'.
3.1.41. The corresponding term in the PS Bill (cl.74) is `locally engaged employee'.
3.1.42. The term `overseas engaged employee' is relevant to the provisions in the CTA Bill which convert the status of existing APS staff who are overseas employees under 1922 PSA to their corresponding status of locally engaged employee under the PS Bill (see CTA Bill s-cl.5(8)).
3.1.43. Persons who were overseas employees under 1922 PSA (s.87AF) will become locally engaged employees when the PS Bill commences.
Parliamentary Department
3.1.44. The term `Parliamentary Department' is used to describe one of the five Parliamentary Departments referred to in 1922 PSA s.9B which deals with the annual reports to Parliament by the Presiding Officers.
Precommencement misconduct
3.1.45. The term `precommencement misconduct' is used to describe conduct by a member of the APS before the PS Bill commences which was misconduct for the purposes of the disciplinary provisions of the 1922 PSA.
Second-tier person
3.1.46. The term `second-tier person' is used to describe:
(a) a person to whom Division 3 of Part IV of the 1922 PSA applied immediately before the PS Bill commences; and
(b) a person who becomes a second-tier person under cl. 6(6) of the CTA Bill.
3.1.47. The term `second-tier' person is used in the provisions of the CTA Bill setting out the transitional arrangements in relation to the current mobility provisions.
3.1.48. If the transitional period for a `first-tier person' ends at the end of the relevant period (as defined in s-sec. 87D of the 1922 PSA) then the person becomes a `second-tier person' at the end of the relevant period.
Statutory Agency
3.1.49. The term `Statutory Agency' is used to describe a Statutory Agency as defined in the PS Bill.
Statutory instrument
3.1.50. The term `statutory instrument' is used to describe:
(a) a law of the Commonwealth (other than the PS Bill);
(b) a law of an Australian Territory; or
(c) an instrument made under one of those laws.
3.1.51. By virtue of the AIA (para.17(p)), an Australian Territory is:
* the Australian Capital Territory;
* the Northern Territory;
* the Jervis Bay Territory;
* the Territory of Norfolk Island;
* the Territory of the Cocos (Keeling) Islands;
* the Territory of Christmas Island;
* the Territory of Ashmore and Cartier Islands;
* the Territory of Heard and McDonald Islands;
* the Territory of the Coral Sea Islands; and
* the Australian Antarctic Territory.
Term employee
3.1.52. The term `term employee' is used to describe a person who under the 1922 PSA is:
* a short-term employee (1922 PSA s.82AD);
* a fixed-term employee (1922 PSA s.82AE); or
* a person employed under a special employment program (1922 PSA s.82AG).
3.1.53. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS
Back to Top Bill (see CTA Bill s-cl.5(6)).
Transitional s.82D determination
3.1.54. The term `transitional s.82D determination' is used to describe an existing s.82D determination under 1922 PSA which is in force when the PS Bill commences, subject to any amendments that are prescribed by the CTA Regs.
Transitional period
3.1.55. The term `transitional period' is used to describe the period during which the transitional arrangements will operate for persons on first-tier mobility (under 1922 PSA Part IV).
Unattached Secretary
3.1.56. The term `unattached Secretary' is used to describe a person who was an unattached Secretary within the meaning of 1922 PSA where the term is defined (1922
PSA s-sec.7(1)) to mean
`a person who
(a) is an unattached officer (not having a Senior Executive Service classification or a classification lower than the lowest Senior Executive Service classification); and
(b) immediately before becoming an unattached officer held an office referred to in paragraph (a) of the definition of `office of Secretary'.'
Clause 5 - Conversion of officers, employees etc.
3.2. The CTA Bill contains a series of provisions which will operate, when the PS Bill commences, to convert the status that existing APS staff will have under 1922 PSA into their corresponding status under the PS Bill (CTA Bill cl.5).
Fixed-term Secretaries
3.2.1. When the PS Bill commences, a person who was a Secretary of a Department of State holding office on a fixed-term basis (1922 PSA s.37) will become a Secretary of a Department of State as if he or she had been appointed under the PS Bill for a period equal to the unexpired part of the Secretary's existing term under 1922 PSA (CTA Bill s-cl.5(1)).
Public Service Commissioner
3.2.2. When the PS Bill commences, the Public Service Commissioner appointed under 1922 PSA (s.11) will become the Public Service Commissioner appointed under the PS Bill for a period equal to the unexpired part of his or her term under 1922 PSA (CTA Bill s-cl.5(2)).
Merit Protection Commissioner
3.2.3. When the PS Bill commences, the Merit Protection Commissioner appointed under MP(AGE) Act (s.63) will become the Merit Protection Commissioner appointed under the PS Bill for a period equal to the unexpired part of his or her term under 1922 PSA (CTA Bill s-cl.5(2A)).
Fixed-term SES Officer
3.2.4. When the PS Bill commences, a person who is at that time a fixed-term SES officer (under 1922 PSA s.44) will become an SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an APS employee under the PS Bill for a period equal to the unexpired part of the fixed term (CTA Bill s-cl.5(3)).
Continuing SES Officer
3.2.5. When the PS Bill commences, a person who is at that time an SES officer under the 1922 PSA, other than a fixed term SES officer (defined as a continuing SES officer), will become an SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an ongoing APS employee under the PS Bill (CTA Bill s-cl.5(4)).
Non-SES Officer
3.2.6. When the PS Bill commences, a person who is at that time a non-SES officer (under 1922 PSA) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an ongoing APS employee under the PS Bill (CTA Bill s-cl.5(5)).
Term Employees
3.2.7. When the PS Bill commences, a person who is at that time a term employee (under the 1922 PS Act) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an APS employee under the PS Bill for a period equal to the unexpired part of the period of engagement under the 1922 PSA (CTA Bill s-cl.5(6)).
Continuing Employees
3.2.8. When the PS Bill commences, a person who is at that time a continuing employee (under 1922 PSA) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an ongoing APS employee under the PS Bill (CTA Bill s-cl.5(7)).
Back to Top Overseas-Engaged Employees
3.2.9. When the PS Bill commences, a person who is at that time an overseas employee (under 1922 PSA s.82AF) will become engaged in the corresponding Agency and in an equivalent capacity as if he or she had been engaged as a locally-engaged employee under the PS Bill (CTA Bill s-cl.5(8)).
Application of PS Bill
3.2.10. Except where the CTA Bill otherwise expressly provides, the PS Bill will apply to existing APS staff in the same way as if they had actually been engaged or appointed under the PS Bill (CTA Bill s-cl.5(9)).
Clause 6 - Rights under Part IV of 1922 PSA - first-tier
Current law on officers' mobility
3.3.1. The original 1922 PSA contained no provisions about the rights of staff who went to work for non-APS Commonwealth agencies.
3.3.2. General provisions to deal with this matter were introduced with the Officers' Rights Declaration Act 1928 (ORDA). ORDA applied to officers employed under an Act specified in the Schedule to the ORDA (or under regulations made under an Act and section specified in that Schedule). Additionally, other Commonwealth Acts subsequently made provision for the ORDA to apply to the employment of APS officers in a wide range of separate authorities. By June 1973, employment in some 79 authorities, offices etc. was covered by the ORDA, rising to 115 by March 1981.
3.3.3. The ORDA was subject to only minor detailed amendments until its repeal by the Public Service Amendment Act 1978, the repeal becoming effective on 15 March 1981.
3.3.4. The ORDA was then replaced by the provisions now in Part IV of 1922 PSA. These provisions, although amended on 19 occasions since 1978, have remained substantially unchanged from the legislative framework then put in place, and have been generally known as the officers' mobility provisions.
3.3.5. At the time of its enactment, Part IV inserted 32 new substantive provisions into the Act in six Divisions. The legislation was, and is, of a complex and detailed nature, running originally to some 50 pages (up to 40 substantive provisions and 61 pages in current official Reprint No. 6 of the 1922 PSA).
3.3.6. The broad framework and key elements of the provisions of Part IV of the 1922 PSA may be summarised as follows.
3.3.7. Division 1 of Part IV (current s-sec.87-87B) contains special definitions and interpretation provisions. In particular, it draws a distinction between:
* bodies in respect of which the Commonwealth has legislative power (`Commonwealth authority and Commonwealth office'); and
* bodies and statutory offices in respect of which the Commonwealth does not have such legislative power (`public authority' and `public office'), with such bodies having to be prescribed in the Public Service Regulations (Part XI of the 1922 PS Regs refers) for Part IV to apply.
3.3.8. Division 2 of Part IV of the 1922 PSA (current ss.87C-87JC) deals with first-tier persons:
* Division 2 details the provisions applicable to officers who take up employment with an authority, or who are appointed to statutory offices, and have first-tier coverage (described in the CTA Bill as `first-tier persons'):
- it also addresses the circumstances of staff who are transferred to an independently-staffed Commonwealth authority (or to a non-Commonwealth authority with second-tier coverage), as a result of a transfer of functions to the authority;
- first-tier persons can, in effect, return to the APS at any time they please;
* The detailed provisions of Division 2 in relation to first-tier persons are:
- such officers are deemed to be on leave without pay from the APS, with such absences counting as 1922 PSA service for all purposes (1922 PSA s-sec.87(6));
- APS sick leave and recreation leave rights against the employing authority and as a condition of service of statutory office holders are preserved (1922 PSA s.87E);
- similarly long service leave entitlements are preserved where particular authorities are not covered by the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 (`LSLA') (1922 PSA s.87F);
- the position held by an officer, at the time of attaining first-tier coverage, is declared to be vacant, with a similar provision applying where such an officer is promoted or transferred to an office in the APS but does not resume duty in that office within 30 days or such longer period as may be determined by the Public Service Commissioner (1922 PSA s.87G);
- officers who are identified as performing duties associated with a declared Commonwealth function, which has been, or is to be, transferred from an APS agency to an independently-staffed Commonwealth authority (or to a non-Commonwealth authority), and who are transferred to that authority, are deemed, on transfer, to have ceased to be APS officers and become persons to whom the (second-tier) provisions of Division 3 apply, with preservation of
Back to Top certain APS leave and superannuation entitlements (1922 PSA s.87J and s-sec.87K(2)).
3.3.9. Division 3 of Part IV of the 1922 PSA (current ss.87KAA-87SC) deals with second-tier persons:
* Division 3 applies to APS officers who, at the end of the initial three-year period of employment with an authority under Division 2 provisions, choose to remain in the employment of that authority, or another authority covered by Part IV, under second-tier provisions (described in the CTA Bill as `second-tier persons'):
- it also applies to APS officers who are transferred to an authority from the APS as a result of a transfer of APS functions to that authority;
* The detailed provisions of Division 3 in relation to second-tier persons are:
- the employment is counted for purposes of the LSLA unless the second-tier person elects, in writing, for the LSL entitlements to be determined otherwise (s.87L);
- officers covered by Division 3 can apply for promotion or transfer to APS vacancies, and exercise promotion appeal rights, as if they were still APS officers (1922 PSA s.87M);
- they have certain rights to apply for re-entry to the APS (other than by way of the s.87M entitlements), in circumstances of actual or prospective termination of employment by the non-APS authority (by way of foreshortening of a term appointment, retrenchment, annulment of appointment, termination of employment for reasons other than invalidity or resignation) and also refusal to re-engage following nullification of a conviction which had resulted in dismissal from the authority - decisions on such applications being made by an independent Reappointment Review Committee, formerly constituted under s.87T of the Act (repealed in 1984) and now established under the provisions of the MP(AGE)A (1922 PSA s.87N);
- the Public Service Commissioner can approve an application for reappointment to the APS where the Commissioner is satisfied that special circumstances (e.g. compassionate grounds) so justify (1922 PSA s.87R);
3.3.10. A summary of the remaining Divisions of Part IV of the 1922 PSA is as follows:
* Division 4 (current ss.87TA-87V) enables continued application of the provisions of the repealed ORDA, and the former s.6 of the Trade Commissioners Act 1933 (now the Trade Representatives Act 1933), to officers who were previously covered by those provisions, and who have not elected to be covered by the provisions of Part IV of the 1922 PSA
* Division 5 (current ss.87X-87ZCA) provides for the correction of certain inequities which had resulted from the transfer of APS officers to various authorities prior to, and in the light of, the enactment of Part IV
* Division 6 (current ss.87ZD-87ZG) contains various machinery provisions bearing on the operation of the other Divisions of Part IV.
Comments on current law
3.3.11. The McLeod Report commented on 1922 PSA Part IV as follows:
`4.63 These provisions are complex and impose requirements on departments to release and accept staff with minimal notice, which inhibits effective staff management. They were introduced in a significantly different environment to that which exists now. In particular there has been
* an increase in the diversity of Commonwealth employment outside the APS;
* large-scale redundancies in organisations employing staff with
re-entry rights to the APS; and
* downsizing in many departments.'
3.3.12. The ADMF Paper commented (pp.29-30) that
`...The arrangements are extremely complex...Such conditions represent a considerable liability for public service agencies. In the private sector, such mobility arrangements are normally dealt with on the basis of management agreeing to extend unpaid leave to employees for a set period. This should also be the model for the APS. It is proposed that under the new Act Secretaries have the discretion to determine arrangements that best meet the needs of their organisations. They will be able to grant periods of leave with or without pay and to decide whether it counts for service. This will provide a low cost, easily administered arrangement to enable mobility between the APS and non-APS public employment.
Existing Part IV mobility provisions will be removed. Employees who wish to take up non-APS employment--including under the Governor-General Act 1974 and the Members of Parliament (Staff) Act 1984 (MOPS Act)--will have to resign or seek leave from their agency. Similarly APS employees taking up statutory appointments will do so on the basis of arrangements made with their Secretary.
It is seen as necessary to set in place appropriate transitional arrangements to apply to those employees currently covered by the mobility provisions. At present some 50 000 people working outside the APS retain some mobility (return) rights. It is proposed that employees presently outside the APS under `first-tier' or `second-tier' arrangements (including employees who are statutory office holders, and who are employed under the MOPS Act or the Governor-General Act) will continue to be covered by current arrangements for a period of one year from implementation of the new legislation.'
Back to Top Transitional arrangements - first-tier
3.3.13. The first-tier transitional arrangements will apply to a `first-tier person', defined as (CTA Bill cl.4):
(a) a person to whom 1922 PSA Division 2 of Part IV applied immediately before the PS Bill commences; or
(b) a person to whom the ORDA applied immediately before the PS Bill commences because of 1922 PSA s.87TA.
3.3.14. These first-tier transitional arrangements will apply during a transitional period, which is defined as starting when the PS Bill commences and ending at the earliest of the following (CTA Bill cl.4):
(a) a period to be fixed by the CTA Regs after the PS Bill commences;
(b) the time when the person ceases to be in eligible public employment (within the meaning of 1922 PSA Part IV);
(c) the time when the person resigns or retires as an APS employee; or
(d) the end of the first-tier period (fixed under 1922 PSA s-sec.87D(5)) and described in 1922 PSA as the `relevant period' - normally three years but can be extended at present by an Agency Head under delegation from the Public Service Commissioner.
3.3.15. In relation to para. 3.3.14(a), the JCPA Report recommended (recommendation 20) that the transitional period for people with mobility rights should be three years. The Government has accepted that recommendation and appropriate instructions will be provided to ensure that the transitional regulations are drafted to that effect.
3.3.16. During the transitional period a first-tier person will be taken to be absent from duty as an APS employee on leave without pay (CTA Bill s-cl.6(1)).
3.3.17. If the transitional period for a `first-tier person' ends at the end of the relevant period (as defined in s-sec.87D of the 1922 PSA) then the person becomes a `second-tier person' at the end of the relevant period (CTA Bill s-cl.6(6)).
Transitional arrangements - leave credits
3.3.18. The following leave conditions apply currently to APS officers on first-tier mobility:
* recreation leave:
- officers take with them their unused APS credits;
- future recreation leave credits accrue as if first-tier employment were in the APS;
- on 1 January immediately following commencement in the Part IV organisation, the officer is credited with recreation leave as if the previous calendar year had all been service in the APS (determined under 1922 PSA s-sec.87E(4));
- APS conditions on the period of availability of credits (the `deeming' provisions) and payment in lieu continue to apply;
* sick leave:
- officers take with them their unused APS credits;
- future sick leave credits accrue as if first-tier employment were in the APS;
- APS sick leave conditions continue to apply;
* long service leave:
- officers continue to be covered by the LSLA; and
* all other conditions of employment will be those of the Part IV organisation.
3.3.19. Service by a first-tier person during the transitional period will be counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee (CTA Bill s-cl.6(2)).
Transitional arrangements - resignation
3.3.20. A first-tier person will be deemed to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period (CTA Bill s-cl.6(3)):
(a) the person has given written notice to the Agency Head, stating that the person intends to resume duties as an APS employee on the first working day after the end of the transitional period; or
(b) the person has been granted leave for a period that consists of or includes the first working day after the end of the transitional period.
3.3.21. If the person gives a notice about resuming duty, but is absent from duty without leave on the first working day after the end of the transitional period, then the person will be deemed to have resigned as an APS employee at the end of that first working day (CTA Bill s-cl.6(4)).
3.3.22. If a person would have ceased to be an officer under the 1922 PSA at a particular time because of 1922 PSA s.87JA or 87JB (if 1922 PSA had not been repealed), then the person will be deemed to have resigned as an APS employee at that time (CTA Bill s-cl.6(5)).
Transitional arrangements - LWOP
3.3.23. The JCPA Report recommended (recommendation 19) that the Prime Minister should exercise the power under cl.21 of the PS Bill to issue a general direction to Agency Heads, requiring them to grant leave without pay to APS employees to take up statutory appointments, employment under the MOPS Act or
Back to Top employment under the
Governor-General Act 1974. The direction will also cover existing APS staff who may need to seek an extension to their current leave of absence arrangements. APS employees granted leave under these arrangements would have an automatic right of return to their former Agency. The Government has accepted this recommendation in principle and the matter will be addressed further after passage of the PS Bill.
Clause 7 - Rights under Part IV of 1922 PSA - second-tier
Gazette access
3.4.1. Currently, a second-tier person has certain rights to apply for APS jobs (set out above - see 1922 PSA s.87M).
3.4.2. It is proposed that access to jobs advertised in the Commonwealth Gazette will continue, as part of the access to be provided through Directions issued by the Public Service Commissioner (see PS Bill s.11).
Right of re-engagement
3.4.3. A person to whom Division 3 of Part IV of the 1922 PSA applied (defined as a `second-tier person') immediately before the PS Bill commences will be entitled to be
re-engaged as an APS employee (CTA Bill s-cl.7(1)):
* in accordance with the CTA Regs; and
* within time limits prescribed by the CTA Regs.
3.4.4. The CTA Regs will be able to prescribe exceptions to the entitlement (CTA
Bill s-cl.7(2)).
3.4.5. The scheme proposed to be set out in the CTA Regs will be along the following lines: Agency Heads will be required to reappoint a second-tier person who applies for re-engagement if the following conditions are met:
* the application is made within the transitional period to be fixed by the CTA Regs;
* the application is made while the applicant is still in eligible public employment or if eligible public employment has ceased:
- where the cessation was because the person had been notified that he or she was excess: within 28 days of the notification;
- in any other case: within 30 days of the cessation;
* the applicant has not received a redundancy benefit while in eligible public employment (cf 1922 PSA ss.87SA-87SC); and
* the applicant satisfies the Agency Head that if Division 3 were still in force the person would satisfy one or other of the prescribed conditions of reappointment set out in 1922 PSA s-sec.87N(2).
3.4.6. The JCPA Report recommended (recommendation 20) that the transitional period for people with mobility rights should be three years. The Government has accepted that recommendation and appropriate instructions will be provided to ensure that the transitional regulations are drafted to that effect.
3.4.7. It is proposed that the CTA Regs would also provide that the reappointment would be at the same classification as the person had before ceasing to be an `officer' within the meaning of the 1922 PSA or, if there is no longer such a classification, at such a classification as the Agency Head considers appropriate.
Leave credits
3.4.8. During the transitional period a second-tier person's entitlement to any recreation and sick leave credits on reappointment to the APS will be in accordance with the relevant Agency's certified agreement, or an Australian workplace agreement, or as determined by the relevant Agency Head.
3.4.9 Access to long service leave is determined in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
Clause 8 - Retirement and redeployment of Secretaries
Current law
3.5.1. On 1 October 1984 Secretaries ceased to be subject to the Commonwealth Employees (Redeployment and Retirement) Act 1979 (`CE(RR)A'). Since then the redeployment and retirement of Secretaries has been regulated by Division 8A of Part III of 1922 PSA. Its key features are:
* its non-application to a Secretary appointed on a fixed-term basis (1922 PSA s-sec.37(15));
* the option of retiring at age 55 (or such other minimum age as might be prescribed) (1922 PSA s.76B);
* the requirement to retire at age 65 (or such other maximum age as might be prescribed), subject to any approved extension of employment beyond that age (1922 PSA s.76C);
* retirement by the Governor-General, on the basis of report and investigation by the PSB (now the Public Service Commissioner) on grounds that the Secretary was `inefficient or incompetent or...because of physical or mental incapacity, incapable of performing his duties' (1922 PSA s.76D);
* a broad, general power enabling the Governor-General to terminate the appointment of a person to an office of Secretary, that person thereby becoming an unattached Secretary (1922 PSA s.76E);
* a requirement for the PSB (now Public Service Commissioner) to seek to find appropriate duties and alternative employment for an unattached Secretary. In
Back to Top the event that action in these terms was seen as unlikely to produce a successful outcome within a reasonable time, the PSB (now Public Service Commissioner) could either redeploy the unattached Secretary to an office having the highest SES classification or agree to an election from that person to be retired from the APS (1922 PSA s.76F); and
* allowing the PSB (now the Public Service Commissioner) to utilise the s.82D determination provisions to offer a specified benefit (separation payment) to an unattached Secretary agreeing to retire from the APS, without prior resort to exploring redeployment options within the APS (1922 PSA s.76FA - added by Public Service Legislation (Streamlining) Act 1986).
3.5.2. With the exception of the insertion of certain provisions which interact with superannuation legislation in relation to invalidity retirements (1922 PSA s.76D refers in particular), the Division 8A provisions have not been subject to any major amendment since enactment.
Transitional arrangements
3.5.3. Subject to any modifications prescribed by regulations, Division 8A of Part III of 1922 PSA (outlined above) will continue to apply to a person who is an unattached Secretary within the meaning of the 1922 PSA when the PS Bill commences (CTA Bill cl.8).
3.5.4. It is not currently envisaged that any regulations will be necessary.
Clause 9 - Determinations under s.82D of the old Act
Current law
3.6.1. The current determination-making powers (1922 PSA s.82D) enable determinations to be made about terms and conditions of employment (including employment overseas) of APS employees. Following the abolition of the Public Service Board in 1987, these powers were held by the Public Service Commissioner, and, by delegation, the Secretary of the DEWRSB.
3.6.2. On 17 February 1998, the then Department of Workplace Relations and Small Business made a consolidated determination under 1922 PSA s.82D relating to domestic conditions of employment. That determination, 1998/5, brought together all relevant, previously existing, s.82D determination provisions into one determination instrument. Over 900 obsolete determinations have been consequently repealed.
3.6.3. Other remaining determinations relate to conditions applicable overseas. The power to amend determination 1994/162, relating to terms and conditions of Australia-based staff performing duties overseas, was progressively subdelegated to APS agencies from 1997. The power to amend determination 1990/1, relating to terms and conditions of locally engaged staff overseas, was subdelegated to the Department of Foreign Affairs and Trade in 1996.
Transitional arrangements
3.6.4. When the PS Bill comes into operation each Agency Head will be deemed to have made a determination (called in the CTA Bill a `continued determination') containing the terms of any determination under 1922 PSA s.82D that is in force immediately before the PS Bill commences (called in the CTA Bill a `transitional 82D determination') (CTA Bill s-cl.9(1)).
3.6.5. The remaining s.82D determinations will thereby lose their APS-wide application and each continued (consolidated) determination will be able to be amended or revoked by the Agency Head in the same way as if the Agency Head had made the determination under PS Bill cl.24.
3.6.6. The continued (consolidated) determinations will operate for a transitional period of up to three years. During that time, Agency Heads will be required to review their provisions and make their own determinations. Where they wish to retain some or all of the terms of the consolidated determination, they will need to include them in their own determinations or in agreements made under the WRA.
Clause 10 - Misconduct
Current law
3.7.1. The present framework of disciplinary provisions was put in place by the Public Service Amendment Act 1978. It replaced procedures established by the 1922 PSA which had undergone few significant modifications since the time of their original enactment, and which were derived in turn from the 1902 PSA and comparable provisions in the preceding Public Service legislation of the Australian colonies.
3.7.2. The PS Bill contains:
* a new Code of Conduct (see PS Bill cl.13); and
* a power for Agency Heads to establish procedures to deal with misconduct in accordance with procedural fairness (see PS Bill cl.15).
Transitional arrangements
3.7.3. The transitional arrangements in relation to misconduct before the PS Bill commences will be as follows (CTA Bill cl.10):
* where an APS employee was charged before this Bill commences and the charge was dealt with to finality: no action will be possible under the PS Bill;
* where an APS employee was charged before the commencement of the PS Bill and
Back to Top the charge was not dealt with to finality: transitional regulations will be made to enable the matter to be completed under 1922 PSA; and
* where an APS employee was not charged before the commencement of the PS Bill: the Agency Head will be able to impose the same sanctions as are allowed under the PS Bill provided that the conduct was both misconduct under the 1922 PSA and a breach of the new Code of Conduct.
3.7.4. This approach is the same as that taken when the current disciplinary provisions were inserted by the Public Service Amendment Act 1978 (see s.49 of that Act).
Clause 11 - Secretaries of Core Departments
3.8.1. Secretaries of Departments of State will now be known generally as `Secretary of' the particular Department, rather than as `Secretary to' the particular Department (see PS Bill s-cl.56(4)).
Transitional arrangements
3.8.2. When the PS Bill commences, the title of each Secretary of a Department of State will change to the new form (CTA Bill s-cl.11(1)).
3.8.3. References to the old form (`Secretary to') in any other Commonwealth or Territory law will be read as a reference to the new form (`Secretary of')(CTA Bill s-cl.11(2)).
Clause 12 - Parliamentary Departments
Current law
3.9.1. Provisions relating to the operation of the Parliamentary Departments have been included in Commonwealth public service legislation since Federation.
3.9.2. Officers of the Senate, House of Representatives, Parliamentary Library, Parliamentary Reporting Staff and of the Joint House Committee were deemed to constitute separate Departments under the 1902 Act. Actions or approvals which the Act otherwise vested in the Public Service Commissioner, a Permanent Head or a Chief Officer were to be variously regarded as being taken or given by the Presiding Officers or the respective heads of the parliamentary departments, as appropriate to the particular context (see 1902 PSA s.14).
3.9.3. The 1922 PSA re-enacted s.14 of the 1902 PSA provisions (s.9) in essentially the same form, but with some added provisions. The 1922 PSA also provided for specification of the Parliamentary Departments and their heads in the relevant Schedules to the 1922 PSA in the form in which they continue to appear in the current Schedules 2 and 3.
3.9.4. Since 1922, the parliamentary officer provisions have evolved progressively to the form in which they now appear (in 1922 PS Act ss.9, 9A, 9AA, 9AB, 9B and 76G). They now variously make provision for the creation and staffing of offices, the terms and conditions of employment of staff and the submission of annual reports to Parliament by the Presiding Officers.
Parliamentary Service Bill 1997
3.9.5. In May 1997, the Government announced that the Parliamentary Departments would not be covered by the PS Bill 1997 but would be covered under separate legislation.
3.9.6. The Parliamentary Service Bill 1997 was introduced into the Parliament on 23 October 1997. It provide for the establishment of a separate Parliamentary Service encompassing, at its commencing time, the structure and staffing of the existing Parliamentary Departments.
3.9.7. The then intention was that the Parliamentary Service Bill 1997, and the associated Parliamentary Service (Consequential Amendments) Bill 1997, would commence on 1 January 1998, at the same time as the Public Service Bill 1997 was intended to commence.
3.9.8. Following the passage of both Bills through the House of Representatives, the Senate made similar amendments to the Parliamentary Service Bill 1997 as it had done to the Public Service Bill 1997. No amendments were made to the associated Consequential Amendments Bill. Both Bills were returned to the House of Representatives at the end of November 1997.
3.9.9 On 5 December 1997, the Minister Assisting the Prime Minister for the Public Service informed the House of Representatives that the Government had rejected the amendments made to the Parliamentary Service Bill 1997, for the same reasons that it had rejected the amendments made by the Senate to the Public Service Bill 1997. As a consequence, the Parliamentary Service legislation would also be returned to the Senate unchanged after three months. Both Parliamentary Service Bills were formally laid aside in the House of Representatives on 5 December 1997.
3.9.10. The Parliamentary Service Bill was subsequently reintroduced into the House of Representatives on 28 June 1999, and, apart from four changes, is the same Bill passed by the House of Representatives in October 1997.
Transitional arrangements
3.9.11. In the event that the Parliamentary Service legislation is not reintroduced or is reintroduced but does not commence at the same time as the PS Bill, the 1922 PSA will continue to apply to the Parliamentary Departments
Back to Top as if that Act had not been repealed (CTA Bill cl.12). This will make it clear that the five Parliamentary Departments will continue to have a separate transitional existence until new Parliamentary Service legislation is enacted.
3.9.12. Section 12 of the CTA Bill (current cl.12) will be repealed on enactment of new Parliamentary legislation.
Clause 13 - References to `officer' etc.
3.10.1. There will be a generic interpretation provision to ensure that in any other Commonwealth or Territory law, other than the Acts Interpretation Act 1901, unless the contrary intention appears (CTA Bill s-cl.13(1)):
(a) references in general terms to an officer will include references to a Secretary or an APS employee under the PS Bill;
(b) references to an officer of the Commonwealth will include references to a new Act Secretary or an APS employee under the PS Bill;
(c) references to an officer or employee of a particular Department or Statutory Agency will include references to an APS employee in that Department or Statutory Agency;
(d) references to a person occupying, holding or performing the duties of an office in a particular Department or Statutory Agency will include references to an APS employee in that Department or Statutory Agency;
(e) references to an employee of a particular Department will include references to a locally-engaged employee in that Department;
(f) references in general terms to an office will include references to a position occupied by an APS employee (see also PS Bill s-cl.77(3) covering APS employees not in a position); and
(g) references to an office in a particular Department or Statutory Agency include references to a position occupied by an APS employee in that Department or Statutory Agency.
3.10.2. This generic interpretation provision will apply to all Departments and not just the Department whose Minister is responsible for the Bill (CTA Bill s-cl.13(2), i.e. it displaces AIA s-sec.19A(3)).
Clause 14 - Regulations
3.11.1. The Governor-General will have a general regulation-making power in relation to matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the CTA Bill (CTA Bill s-cl.14(1)).
3.11.2. This power will not be limited by the specific regulation-making powers set out below (CTA Bill s-cl.14(2)).
Transitional and savings
3.11.3. CTA Regs will also be able to be made to deal with a range of transitional matters (CTA Bill s-cl.14(3)):
(a) the continuation of various things that had begun under the 1922 PSA or the MP(AGE)A and their effects under the PS Bill:
(i) appointments, re-instatements, transfers, promotions, advancements, classifications, or retirements;
(ii) inquiries into misconduct where a person was charged under the 1922 PSA;
(iii) appeals against disciplinary directions;
(iv) performance of functions under MP(AGE)A;
(v) review of decisions under MP(AGE)A; or
(vi) investigation of grievances under MP(AGE)A;
(b) the continuation of suspensions under 1922 PSA;
(c) the review of decisions made under 1922 PSA before the PS Bill commences, the effects of those reviews, and the powers available to a person or body conducting such a review;
(d) the powers available to persons conducting these reviews;
(e) arrangements, agreements, etc., under 1922 PSA about reciprocal services between Commonwealth, State and Territory governments; and
(f) any other transitional or savings matters.
3.11.4. These CTA Regs will be able to (CTA Bill s-cl.14(4)):
* continue in force the 1922 PSA or the MP(AGE)A for the purposes of the CTA Regs; and
* prevail, to the extent of any inconsistency, over:
- the 1922 PSA;
- the PS Bill;
- the MP(AGE)A; and
- the generic interpretation provision (see CTA Bill cl.13) dealing with references to `officer', etc.
Consequential amendments
3.11.5. The CTA Regs will be able to make consequential amendments to other Acts and to include any necessary transitional or savings provisions (CTA Bill s-cl.14(5)). This would cover amendments to Acts that had been amended by the Schedule to the CTA Bill. This power might be needed to deal with a Principal Act that is amended by Schedule 1, but needs further amendment because of Bills in the Parliament that amend the Principal Act.
3.11.6. Any consequential amendment to an Act will be able to be incorporated
Back to Top into the body of the Act itself (CTA Bill s-cl.14(6)).
Commencement of regulations
3.11.7. Any regulations made during the first 12 months after the CTA Bill commences will be able to commence before the day they are made, but not before the CTA Bill commences (CTA Bill s-cl.14(7)). This will cover cases such as Bills in Parliament that become Acts after the CTA Bill commences and need to be amended retrospectively back to their own commencement date.
Other regulation-making powers
3.11.8. The general provisions for regulations will not limit any other regulation making power in the CTA Bill (CTA Bill s-cl.14(8)).
3.11.9. The CTA Bill also contains in other provisions the following specific powers to make regulations relating to:
* the transitional period for first-tier rights (see CTA Bill cl.4);
* amendments of transitional s.82D determinations under 1922 PSA (each of which then becomes `a continued determination' by an Agency Head - see CTA Bill cl.4 and cl.9);
* entitlements to re-engagement of persons with second-tier mobility rights (see CTA Bill cl.7);
* retirement and redeployment of Secretaries (see CTA Bill cl.8); and
* the application of repealed Acts to Parliamentary Departments (see CTA Bill cl.12).
SCHEDULE 1 - REPEALS AND AMENDMENTS
This Schedule contains the amendments of Acts consequential upon the commencement of the Public Service Act 1999. The item numbers refer to the amendments in the Schedule to the CTA Bill. References to `that Act' are to the Act being amended by the relevant item of the Schedule.
Aboriginal and Torres Strait Islander Commission Act 1989
Aboriginal and Torres Strait Islander Commission
1.1 This removes a reference to 1922 PSA s.87E for an ATSIC Commissioner (in s.35 of that Act).
1.2 This removes a reference to 1922 PSA s.87E for the ATSIC CEO (in s.49 of that Act).
1.3 This changes the APS staffing provisions for the Aboriginal and Torres Strait Islander Commission (s.55 of that Act). The staffing powers will remain vested in the CEO of the Commission.
1.4 As above.
Office of Evaluation and Audit
1.5 This removes a reference to 1922 PSA s.87E for the ATSIC Director of Evaluation and Audit (in s.77C of that Act).
1.6 This amends s.77E of that Act which requires the ATSIC Director of Evaluation and Audit to make a disclosure of financial interests equivalent to that required of members of the SES. This amendment is in accordance with the DTT para. (n) - A.
Regional Councils
1.7 This amends s.124C of that Act which requires an Administrator of a Regional Council to make a disclosure of financial interests equivalent to that required of members of the SES. This amendment is in accordance with the DTT para. (n) - A.
1.8 This removes a reference to 1922 PSA s.87E for an Administrator of a Regional Council (in s.124E of that Act).
1.9 This removes a reference to 1922 PSA s.87E for the Chairperson of a Regional Council (in s.127D of that Act).
Torres Strait Regional Authority
1.10 This amends s.143P of that Act which requires each member of the Torres Strait Regional Authority (TSRA) to make a disclosure of financial interests equivalent to that required of members of the SES. This amendment is in accordance with the DTT para. (n) - A.
1.11 This removes a reference to 1922 PSA s.87E for the Chairperson of the TSRA (in s.143Z of that Act).
1.12 This removes a reference to 1922 PSA s.87E for the General Manager of the TSRA (in s.144K of that Act).
1.13 This changes the APS staffing provisions for the Torres Strait Regional Authority (TSRA - s.144R of that Act). The staffing powers will remain vested in the TSRA General Manager.
1.14 As above.
1.15 This removes a reference to 1922 PSA s.87E for a TSRA Administrator (in s.144ZK of that Act).
1.16 This amends s.144ZM of that Act which requires a TSRA Administrator to make a disclosure of financial interests equivalent to that required of a member of the SES. This amendment is in accordance with the DTT para. (n) - A.
Indigenous Land Corporation
Back to Top 1.17 This removes a reference to 1922 PSA s.87E for the Chairperson of the Indigenous Land Corporation (s.192D of that Act).
Aboriginal Hostels Limited
1.18. This changes the APS staffing provisions for Aboriginal Hostels Limited (s.200 of that Act). The staffing powers will remain vested in the General Manager of Aboriginal Hostels Limited.
1.19 As above.
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
1.20 This amends s.30 of that Act which enables the Attorney-General or an APS officer authorised by the Attorney-General to grant legal or financial assistance in connection with specified applications, declarations or proceedings. This amendment is in accordance with the DTT para. (f) - B.
1.21 This is consequential on the DTT amendment above.
Aboriginal and Torres Strait Islander Heritage Protection Act 1999
1.22 This removes a reference to 1922 PSA s.87E.
1.23 This amends in accordance with the DTT para. (n) - A.
1.24 This amends in accordance with the DTT para. (d) - B.
1.25 This amends in accordance with the DTT para. (d) - A.
1.26 This amends in accordance with the DTT para. (n) - B.
Aboriginal Councils and Associations Act 1976
1.27 This amends s-sec.4(4) of that Act which requires the Registrar and Deputy Registrars of Aboriginal Corporations to be APS members. This amendment is in accordance with the DTT para. (f) - C.
Aboriginal Land Rights (Northern Territory) Act 1976
1.28 This amends s-sec.23E(3) of that Act which allows the communication of information to specified persons. This amendment translates references to `Permanent Head' to `Secretary'.
1.29 This amends s.54C of that Act which enables the Attorney-General or an APS officer authorised by the Attorney-General to grant assistance in respect of legal representation at an inquiry into a traditional land claim. This amendment is in accordance with the DTT para. (f) - B.
1.30 This is consequential on the DTT amendment above.
1.31 This amends s.59 of that Act which requires the staff assisting an Aboriginal Lands Commissioner to be `persons appointed or employed' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
ACIS Administration Act 1999
1.32 This amends in accordance with the DTT para. (n) - A.
Acts Interpretation Act 1901
1.33 This inserts a new s.17AA in that Act, providing for definition of the following terms, each of which in any enactment will have the same meaning as in the PS Bill.
* acting SES employee
* APS employee
* SES employee
1.34 This ensures that the reference to a Secretary in para.19B(3)(a) of the AIA, which deals with references to abolished offices of Secretary, continues as a reference to a Secretary of a Department of State within the meaning of the PS Bill.
1.35 This ensures that a reference to a Secretary in para.19BA(3)(a) of the AIA, which deals with changed administrative arrangements, continues as a reference to a Secretary of a Department of State within the meaning of the PS Bill.
1.36 This amends s.19C of that Act to provide that a reference in any Act to an officer is to be taken to include reference to an APS employee as now to be defined in new AIA s.17AA (item 1.33 above refers).
1.37 This amends s.21 of that Act to provide that a reference in any Act to an `office' includes a position occupied by an APS employee, and any reference to an `officer' includes an APS employee.
1.38 This amends s.25B of that Act to provide that a reference to an `office' includes a position occupied by an APS employee.
1.39 As above, but amends s-sec.33(2) of that Act.
1.40 As above, but amends ss.33A of that Act.
Administrative Appeals Tribunal Act 1975
Administrative Appeals Tribunal
1.41 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Administrative Appeals Tribunal (`AAT') (s.12 of that Act).
1.42 This removes a reference to 1922 PSA s.87E for the AAT Registrar (s.24G of that Act).
Back to Top 1.43 This amends s-sec.24N(3) of that Act which requires the AAT District Registrars, Conference Registrars, Deputy Registrars and staff to be APS members. This amendment is in accordance with the DTT para. (d) - B.
1.44 This amends s-sec.24N(4) of that Act which gives the AAT Registrar the power to arrange with other Commonwealth bodies for their staff to be made available to the AAT. This amendment is in accordance with the DTT para. (c).
1.45 This amends in accordance with the DTT para. (h) - A.
1.46 This changes the APS staffing provisions for the Administrative Appeals Tribunal (s.24P of that Act). The staffing powers will remain vested in the AAT Registrar.
Administrative Review Council
1.47 This amends s.57 of that Act which requires the staff of the Administrative Review Council to be APS members. This amendment is in accordance with the DTT para. (d) - B.
Administrative Arrangements Act 1987
1.48 This amends s.19 of that Act which enables the Secretary of a Department to declare that a reference in an instrument to a Secretary is to be read as a reference to an unattached Secretary or an SES officer. This amendment of s-sec.19(1) is in accordance with the DTT para. (n) - B.
1.49 As above - this amendment of s-sec.19(2) of that Act is in accordance with the DTT para. (n) - B.
Administrative Decisions (Judicial Review) Act 1977
1.50 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (r) dealing with `decisions relating to promotions, transfers, temporary performance of duties, or appeals against promotions or selections for temporary performance of duties, of or by individual officers of the Australian Public Service'. This amendment is in accordance with the DTT para. (f) - A.
1.51 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (s) dealing with `decisions relating to transfers or promotions under section 53A of the Public Service Act 1922'. Section 53A of 1922 PSA deals with the promotion of officers who complete courses of training for special positions. There is no equivalent provision in the PS Bill. Accordingly, this amendment omits the current exclusion of transfers or promotions under 1922 PSA s.53A.
1.52 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (t) dealing with decisions relating to appointments or engagements of staff in the public sector. This amendment is in accordance with the DTT para. (k).
1.53 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (w) dealing with `decisions relating to the making or terminating of appointments of Secretaries under the Public Service Act 1922'. This amendment is in accordance with the DTT para. (k).
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
1.54 This changes the staffing provisions for the Affirmative Action Agency (s.29 of that Act). The staffing powers will remain vested in the Director of Affirmative Action.
1.55 As above.
Aged Care Act 1997
1.56 This repeals the definition of `officer' (in cl.1 of schedule 1 of that Act). Paragraph 13(1)(c) of the CTA Bill will translate references to `an officer of the Department'.
Aged Care Income Testing Act 1997
1.57 This repeals the definition of `officer' (in s.3 of that Act). Paragraph 13(1)(c) of the CTA Bill will translate references to `an officer of the Department'.
Agricultural and Veterinary Chemicals (Administration) Act 1992
1.58 This amends s.11 of that Act which enables the National Registration Authority for Agricultural and Veterinary Chemicals (established by s.6 of that Act - NRA) to delegate its powers and functions to, among others, `(e) an officer of, or person employed in, a Department' of the APS. This amendment is in accordance with the DTT para. (d) - A.
1.59 This removes a reference to 1922 PSA s.87E for the CEO of the NRA (s.39 of that Act).
1.60 This amends a `make available' provision in s.46 of that Act. This amendment is in accordance with the DTT para. (h) - A.
1.61 This amends s.69F of that Act which enables the NRA to appoint, among
Back to Top others, `persons appointed or employed under' the 1922 PSA to be inspectors. This amendment is in accordance with the DTT para. (d) - B.
Agricultural and Veterinary Chemicals Products (Collection of Interim Levy) Act 1994
1.62 This amends in accordance with the DTT para. (d) - B.
Aircraft Noise Levy Collection Act 1995
1.63 This amends para.10(3)(a) of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to remit some or all of the late payment penalty. This amendment is in accordance with the DTT para. (n) - B.
1.64 This amends s-sec.14(3) of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to authorise an officer to be able to seek information under s-sec.14(1) of that Act. This amendment is in accordance with the DTT para. (n) - B.
1.65 This amends s.17 of that Act which enables the Minister for Finance to delegate to an SES officer the Minister's power to enter into an agreement for collecting a levy imposed by the Aircraft Noise Levy Act 1995 or a late-payment penalty. This amendment is in accordance with the DTT para. (n) - B.
1.66 This amends para.18(3)(a) of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to give a signed evidentiary certificate under s-sec.18(1). This amendment is in accordance with the DTT para. (n) - B.
Airline Equipment (Loan Guarantee) Act 1972
1.67 This amends s-para.4(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised `officers employed in the Commonwealth Service' will have reasonable access to the financial accounts of the companies involved. This amendment is in accordance with the DTT
para. (f) - A.
1.68 This amends s-para.4(d)(ii) of that Act of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT para. (f) - A.
Airline Equipment (Loan Guarantee) Act 1976
1.69 This amends s-para.5(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.
1.70 This amends in accordance with the DTT para. (f) - A.
Airline Equipment (Loan Guarantee) Act 1977
1.71 This amends s-para.5(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.
1.72 This amends s-para.5(d)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT para. (f) - A.
Airline Equipment (Loan Guarantee) Act 1978
1.73 This amends s-para.5(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.
1.74 This amends s-para.5(d)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT
para. (f) - A.
Airline Equipment (Loan Guarantee) (No. 2) Act 1978
1.75 This amends s-para.6(e)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.
1.76 This amends s-para.6(e)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial amounts of entities in which those companies have a controlling
Back to Top interest. This amendment is in accordance with the DTT
para. (f) - A.
Airline Equipment (Loan Guarantee) Act 1980
1.77 This amends s-para.5(e)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.
1.78 This amends s-para.5(e)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT
para. (f) - A.
Airline Equipment (Loan Guarantee) Act 1981
1.79 This amends s-para.5(e)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.
1.80 This amends s-para.5(e)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT para. (f) - A.
Airports Act 1996
1.81 This amends s.244 of that Act which enables the Minister responsible for that Act to delegate to an SES officer the Minister's power under that Act or under a demand management scheme. This amendment is in accordance with the DTT para. (n) - B.
1.82 This omits a definition of `SES office' consequential on the above amendment.
1.83 This amends s.249 of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to cause the movement of a disrepaired or abandoned aircraft. This amendment is in accordance with the DTT para. (n) - B.
1.84 This omits a definition of `SES office' consequential on the above amendment.
Air Services Act 1995
1.85 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Board of Airservices Australia (AA - in s.30 of that Act).
Albury-Wodonga Development Act 1973
1.86 This amends s-sec.3(1) of that Act which contains a definition of the APS. This amendment is in accordance with the DTT para. (k).
1.87 This amends s.8 of that Act, which sets out the functions of the Albury-Wodonga Development Corporation. This amendment is in accordance with the DTT para. (h) - A.
1.88 This amends consequential on the above amendment and in accordance with the DTT para. (h) - A.
1.89 This amends a `make available' provision in s.21 of that Act. This amendment is in accordance with the DTT para. (c).
1.90 This amends s-sec.21(3) of that Act - consequential on the above amendment and in accordance with the DTT para. (b).
1.91 This removes a reciprocal mobility provision (s.22 of that Act).
A New Tax System (Australian Business Number) Act 1999
1.92 This amends in accordance with the DTT para. (c).
1.93 This amends in accordance with the DTT para. (c).
1.94 This amends the Dictionary in s.41 to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State of the Commonwealth and Department of Parliament in paras (a) and (b) respectively.
A New Tax System (Commonwealth-State Financial Arrangements) Act 1999
1.95 This amends in accordance with the DTT para. (n) - A.
ANL Guarantee Act 1994
1.96 This amends s-sec.5(1) of that Act which enables the Treasurer to delegate the Treasurer's powers under that Act to an SES officer in the Treasury. This amendment is in accordance with the DTT para. (n) - B.
1.97 This amends s-sec.5(2) of that Act - consequential on the preceding amendment.
Anti-Personnel Mines Convention Act 1998
Back to Top 1.98 This amends in accordance with the DTT para. (n) - B.
1.99 This amends in accordance with the DTT para. (n) - B.
Archives Act 1983
1.100 This amends the definition of `Director-General' (of the Australian Archives) in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (k).
1.101 This amends s.7 of that Act which provides that there shall be a Director-General of the Australian Archives. This amendment is in accordance with the DTT para. (f) - B.
1.102 This amends s.9 of that Act which requires the staff of the Australian Archives to be `persons appointed or employed' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.103 This amends s-sec.34(8) of that Act which enables the Minister responsible for the Act to delegate to a Permanent Head the Minister's power to issue certificates that specified records are exempt records.
Auditor-General Act 1997
1.104 This changes the APS staffing provisions for the Australian National Audit Office (in s-sec.40(1) of that Act). The staffing powers will remain vested in the Auditor-General.
1.105 As above.
1.106 This removes a reference to 1922 PSA s.87E for the Auditor-General (in sub-cl.4(1) of the Schedule 1 of that Act).
Australia Council Act 1975
1.107 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Australia Council (s.12 of that Act).
1.108 This amends s.16 of that Act which enables a Chairperson of a Board established under that Act to appoint a deputy. This amendment is in accordance with the DTT para. (d) - B (but the word `appointed' remains in that Act so Agency Heads are still covered).
1.109 This removes a reference to 1922 PSA s.87E for the General Manager of the Australia Council (in s.19C of that Act).
Australia-Japan Foundation Act 1976
1.110 This amends s.20 of that Act which requires the staff of the Australia-Japan Foundation to be `persons appointed or employed' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Australian Bicentennial Road Development Trust Fund Act 1982
1.111 This amends s.26 of that Act which enables the Minister responsible for that Act to delegate to an APS officer various of his powers under that Act. This amendment is in accordance with the DTT para. (f) - B.
Australian Broadcasting Corporation Act 1983
1.112 This removes a reference to 1922 PSA s.87E for the Managing Director of the Australian Broadcasting Corporation (in s.14A of that Act).
Australian Bureau of Statistics Act 1975
1.113 This amends s.6 of that Act dealing with the functions of the Australian Bureau of Statistics. This amendment is in accordance with the DTT para. (h) - A.
1.114 This changes the APS staffing provisions for the Australian Bureau of Statistics (s.16 of that Act). The staffing powers remain vested in the Australian Statistician.
1.115 This removes an obsolete reference to the PSB in s-sec.16(3) of that Act dealing with the terms and conditions of persons engaged by the Australian Statistician under that Act.
1.116 This continues the change to the APS staffing provisions (s.16 of that Act).
Australian Capital Territory Government Service (Consequential Provisions) Act 1994
Definitions
1.117 This repeals the definition of `unattached officer' in s-sec.3(1) of that Act. This is a consequential amendment as the concept of an unattached officer is not used in the PS Bill.
Mobility
1.118 This removes a reciprocal mobility provision in ss.6 and 7 of that Act.
Personnel files
1.119 This amends and saves the provision for the transfer of personnel files (s.8 of that Act) on the establishment of the separate ACT Government Service. This amendment to
s-sec.8(1) of that Act makes it clear that the provision applies to situations that arose before the PS Bill will commence.
Back to Top 1.120 As above.
1.121 As above - consequential on preceding amendment to s-sec.8(2).
1.122 As above.
1.123 As above.
Arrangements relating to staff
1.124 This amends a `make available' provision in s.10 of that Act in accordance with the DTT para. (c).
1.125 As above - but in accordance with the DTT para. (h) - A.
1.126 As above - in accordance with the DTT para. (c).
Mobility
1.127 This repeals Part 3 of that Act which dealt with mobility between Parliamentary Departments and the ACT Government Service.
1.128 This removes a mobility provision (in s.24 of that Act).
Leave entitlements
1.129 This amends s.25 of that Act which deals with the leave entitlements of a member of the ACT Government Service who joins the APS. The aim of s.25 of that Act is to preserve leave entitlements accrued in ACT Government Service. This amendment of
s-sec.25(1) ensures that when the PS Bill commences, s.25 of that Act will operate in relation to engagements under the PS Bill.
1.130 As above.
1.131 As above - this amendment of s-sec.25(3) of that Act is in accordance with the DTT para. (f) - D.
1.132 As above - this amendment of s-secs.25(3) and (4) is in accordance with the
DTT para. (k).
1.133 As above - this amendment of s-sec.25(4) is in accordance with the
DTT para. (f) - D.
1.134 As above - this amendment of s-sec.25(4) is in accordance with the
DTT para. (f) - A.
1.135 As above - this amendment of s-sec.25(5) is in accordance with the
DTT para. (f) - D.
1.136 This, and the next amendment, bring up to date a reference (in s.25 of that Act) to an award provision which is now included in the current APS General Conditions of Employment Award 1995.
1.137 As above.
Leave payments
1.138 This amends s.26 of that Act which seeks to ensure that payments for recreation and long service leave do not automatically have to be paid when there is a movement between the APS and the ACT Government Service. This amendment of s-para.26(2)(a)(i) is in accordance with the DTT para. (k). (The reference to the 1922 PSA in s-sec.26(1) is an historical reference and has been left unchanged in accordance with DTT para. (l) - A).
1.139 This omits a reference to s.6 of that Act which is to be repealed - item 1.107. refers.
1.140 This amends para.26(3)(b) of that Act in accordance with the DTT para. (l) - A plus para. (k).
Australian Capital Territory (Planning and Land Management) Act 1988
1.141 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Authority (in s.38 of that Act).
1.142 This changes the APS staffing provisions for the National Capital Authority (s.47 of that Act). The staffing powers will remain vested in the Chief Executive of the Authority.
1.143 As above.
Australian Centre for International Agricultural Research Act 1982
1.144 This amends s.19 of that Act dealing with the constitution of the Policy Advisory Council established under (s.17 of) that Act. This amendment is in accordance with the DTT para. (o) - A.
1.145 This removes a reference to 1922 PSA s.87E for the Director of the Australian Centre for International Agricultural Research (in s.26 of that Act).
1.146 This changes the APS staffing provisions for the Australian Centre for International Agricultural Research (s.30 of that Act). The staffing powers will remain vested in the Director of the Centre.
1.147 As above.
'Make available' provision
1.148 This amends a `make available' provision in s.31 of that Act in accordance with the DTT para. (c).
1.149 As above, but in accordance with the DTT para. (h) - A.
Australian Communications Authority Act 1997
1.150 This removes a reference to 1922 PSA s.87E for a Full-Time Member or a Full-Time Associate Member of the Authority (in s.35 of that Act).
1.151 This changes the APS staffing provisions for the Australian Communications Authority (s.40 of that Act). The staffing powers will remain
Back to Top vested in the Chairman of the Authority.
1.152 As above.
Australia New Zealand Food Authority Act 1991
1.153 This amends the `make available' provision in s.38 of that Act. This amendment is in accordance with the DTT para. (c).
1.154 As above - in accordance with the DTT para. (h) - A.
1.155 This amends para.39(7)(a) of that Act dealing with confidential commercial information in accordance with the DTT, para. (c).
1.156 As above - in accordance with the DTT para. (b).
1.157 This changes the APS staffing provisions for the Australia New Zealand Food Authority (s.53 of that Act). The staffing powers will remain vested in the Chairperson of the Authority.
1.158 As above.
Australian Federal Police Act 1979
1.159 This removes a reference to 1922 PSA s.87E.
1.160 This amends s.31 of that Act by inserting new s.secs(3A) and (3B) to preserve the appointment of a person to the Australian Federal Police, where the person elected to return under s.30 of that Act, before the commencement of the PS Bill and the appointment ends after the commencement of the PS Bill, notwithstanding the provisions of cls.6 and 7 of the CTA Bill.
Australian Film Commission Act 1975
1.161 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Film Commission (s.18 of that Act).
Australian Film, Television and Radio School Act 1973
1.162 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Council of the Australian Film, Television and Radio School (s.17 of that Act).
Australian Hearing Services Act 1991
1.163 This amends the definition of `referred Commonwealth employee' in s-sec.8(10) of that Act in accordance with the DTT para. (d) - B.
1.164 This makes a change, consequential on the above amendment.
1.165 This amends s.67 of that Act dealing with the protection of confidential information. S-sec.67(7) provides for the disclosure of information to enable the performance of arrangements under the `make available' provision of that Act (s.68). This amendment of para.67(7)(a) is in accordance with the DTT para. (c).
1.166 As above - but in accordance with the DTT para. (h) - A.
1.167 This amends a `make available' provision in para.68(a) of that Act for an APS agency or another Commonwealth authority. This amendment is in accordance with the DTT para. (c).
1.168 This amends paras 68(d) and (e) consequential on the amendment of para.68(a).
1.169 This amends para.69(b) of that Act which enables the responsible Minister to delegate specified powers to a person in an SES office in the relevant Department or in Australian Hearing Services. This amendment is in accordance with the DTT para. (n) - B.
Australian Heritage Commission Act 1975
1.170 This amends the definition of `department' in s-sec.3(1) of that Act. The amendment is in accordance with the DTT para. (h) - A.
1.171 This amends s-sec.12(3) of that Act which seeks to ensure that less than half of the Commissioners of the Australian Heritage Commission are Commonwealth employees. This amendment is in accordance with the DTT para. (d) - A.
1.172 This amends s.32 of that Act which requires staff of the Australian Heritage Commission to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.173 This amends a `make available' provision in s.33 of that Act in accordance with the DTT para. (h) - A.
1.174 As above - in accordance with the DTT para. (h) - A.
Australian Industry Development Corporation Act 1970
1.175 This repeals a Part IV mobility provision (in s.29W of that Act).
1.176 This amends the definition of `associated person' in para.34E(6)(c) of that Act to provide for a person appointed or engaged under the PS Bill. This amendment is in accordance with the DTT para. (d) - A.
1.177 This amends para.34X(1)(c) of that Act by substituting a new para.(c) which relies on the new AIA definitions of `SES employee' and `acting SES employee'.
1.178 This repeals s-sec.34X(2) of that Act.
1.179 This amends para.37A(1)(c) of that Act by substituting a new para.(c) which relies on the new AIA definitions of `SES employee' and `acting SES employee'.
1.180 This repeals s-sec.37A(2) of that Act.
Australian Institute of Aboriginal and Torres Strait Islander Studies Act
Back to Top 1989
1.181 This changes the APS staffing provisions for the Australian Institute of Aboriginal and Torres Strait Islander Studies (s.29 of that Act). The staffing powers will remain vested in the Principal of the Institute.
1.182 As above.
1.183 This removes a reference to 1922 PSA s.87E for the holder of an office entitled to recreation leave under s.45A of that Act.
Australian Institute of Health and Welfare Act 1987
1.184 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Institute of Health and Welfare (in s.11 of that Act).
1.185 This changes the APS staffing provisions for the Australian Institute of Health and Welfare (s.19 of that Act). The staffing powers will remain vested in the Director of the Institute.
1.186 As above.
Australian Institute of Marine Science Act 1972
1.187 This removes a reference to 1922 PSA s.87E for the Director of the Australian Institute of Marine Science (in s.25 of that Act).
1.188 This amends s.34 of that Act dealing with the terms and conditions of officers of the Institute. This section provides in part that those officers are not subject to 1922 PSA. This amendment is in accordance with the DTT para. (k).
Australian Land Transport Development Act 1988
1.189 This amends s.39 of that Act which enables the responsible Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT
para. (f) - B.
Australian Land Transport (Financial Assistance) Act 1985
1.190 This amends s.36 of that Act which enables the responsible Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT
para. (f) - B.
Australian Law Reform Commission Act 1996
1.191 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Law Reform Commission (in s.19 of that Act).
Australian Maritime Safety Authority Act 1990
1.192 This removes a reference to 1922 PSA s.87E for the Chairperson of the Australian Maritime Safety Authority (AMSA) (in s.17 of that Act).
1.193 This removes a reference to 1922 PSA s.87E for the CEO of AMSA (in s.51A of that Act).
1.194 This amends s.57 of that Act which enables the responsible Minister to delegate specified powers. This amendment removes a reference to `Associate Secretary' - no such concept in PS Bill.
1.195 As above - this amendment to para.57(b) is in accordance with the DTT
para. (n) - B.
Australian Meat and Live-stock Industry Act 1997
1.196 This deletes the definition of SES employee as the new AIA includes a definition of `SES employee' and `acting SES employee'.
Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997
1.197 This amends in accordance with the DTT para. (d) - B.
1.198 This amends in accordance with the DTT para. (d) - B.
Australian Meat and Live-stock (Quotas) Act 1990
1.199 This amends in accordance with the DTT para. (d) - B.
Australian National Maritime Museum Act 1990
1.200 This removes a reference to 1922 PSA s.87E for the Director of the Australian National Maritime Museum (in s.34 of that Act).
1.201 This changes the APS staffing provisions for the Australian National Maritime Museum (s.40 of that Act). The staffing powers will remain vested in the Director of the Museum.
1.202 As above.
1.203 This amends a `make available' provision in s.41 of that Act in accordance with the DTT para. (c).
1.204 As above, but in accordance with the DTT para. (h) - A.
Australian National Railways Commission Act 1983
1.205 This amendment substitutes a new definition of `associated person' in para.67AZB(5)(c) of that Act to provide for a person appointed or engaged under the PS Bill. This amendment is in accordance with the DTT para. (d) - A.
1.206 This amends para.67AZV(1)(c) of that Act by substituting a new para.(c) which relies on the new AIA definition of `SES employee' and `acting SES employee'.
1.207 This repeals s-sec.67AZV(2) of that Act.
Back to Top Australian National Training Authority Act 1992
1.208 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian National Training Authority (ANTA - in s.30 of that Act).
1.209 This amends s.40A of that Act dealing with the secondment of a CEO from the public sector. This amendment and the subsequent amendment are in accordance with the DTT para. (d) - A.
1.210 As above.
1.211 This removes a reference to 1922 PSA s.87E for the CEO of ANTA (in s.43 of that Act).
1.212 This changes the APS staffing provisions for ANTA (s.45 of that Act). The staffing powers will remain vested in the CEO of the Authority.
1.213 As above.
1.214 This amends a `make available' provision in s.46 of that Act. This amendment and the subsequent amendment are in accordance with the DTT para. (d) - A.
1.215 As above.
Australian Nuclear Science and Technology Organisation Act 1987
ANSTO
1.216 This removes a reference to 1922 PSA s.87E for the Executive Director of the Australian Nuclear Science and Technology Organisation (ANSTO - in s.21A of that Act).
1.217 This amends a `make available' provision in s.24 of that Act in relation to ANSTO. This amendment is in accordance with the DTT para. (c).
1.218 As above, but in accordance with the DTT para. (h) - A.
Nuclear Safety Bureau
1.219 This removes a reference to 1922 PSA s.87E for the Director of the Nuclear Safety Bureau (in s.37J of that Act).
1.220 This amends a `make available' provision in s.37P of that Act in relation to the Bureau. This amendment is in accordance with the DTT para. (c).
1.221 As above, but in accordance with the DTT para. (h) - A.
Australian Protective Service Act 1987
1.222 This amends s-sec.9(1) of that Act dealing with the appointment of an APS member as a special protective service officer. This amendment is in accordance with the DTT para. (d) - A.
1.223 This amends s-sec.9(2) of that Act which requires the consent of the relevant Agency Head before the appointment of an APS member as a special protective service officer. This amendment is in accordance with the DTT para. (c).
1.224 This amends s.12 of that Act dealing with the issue of General Orders by the Director of the Protective Service. The amendments converts a reference to a 1922 PSA s.82D determination to a reference to a similar determination under cl.24 of the PS Bill.
Australian Prudential Regulation Authority Act 1998
1.225 This amends in accordance with the DTT para. (n) - B.
Australian Radiation Protection and Nuclear Safety Act 1998
1.226 This removes a reference to 1922 PSA s.87E.
1.227 This changes the APS staffing provisions for the Australian Radiation Protection and Nuclear Safety Authority (s.58 of that Act). The staffing powers will remain vested in the Chief Executive Officer of the Authority.
Australian Securities and Investment Commission Act 1989
Australian Securities and Investment Commission
1.228 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Securities and Investment Commission (ASIC - in s.113 of that Act).
1.229 This changes the APS staffing provisions for the Australian Securities and Investment Commission (s.120 of that Act).
1.230 As above.
1.231 This item and items 232, 233 and 234, amend s-secs.120(3), 120(4), 121(1) and 121(2) of that Act consequential on the preceding amendments of s.120.
1.232 As above.
1.233 As above.
1.234 As above.
1.235 This amends a `make available' provision in s.122 of that Act in relation to the ASIC. This amendment is in accordance with the DTT para. (h) - A. (The references to 1922 PSA in s.122A of that Act dealing with the staff of the National Companies and Securities Commission are historical references, and have been retained in accordance with the DTT para. (l) - A).
1.236 This amends s.125 of that Act dealing with notification of possible conflicts of interest to the ASIC. This amendment is in accordance with the
Back to Top DTT para. (d) - B.
Companies and Securities Advisory Committee
1.237 This changes the APS staffing provisions for the Companies and Securities Advisory Committee (CSAC - s.156 of that Act). The staffing powers will remain vested in the Convenor of that Committee.
1.238 As above.
1.239 This amends a `make available' provision in s.158 of that Act in relation to the CSAC. This amendment is in accordance with the DTT para. (h) - A.
Corporations and Securities Panel
1.240 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Corporations and Securities Panel (in s.180 of that Act).
Australian Security Intelligence Organisation Act 1979
1.241 This amends a definition of `authority of the Commonwealth' in s.4 of that Act. The amendment is in accordance with the DTT para. (b).
1.242 This removes a reference to 1922 PSA s.87E for the Director-General of Security (in s.11 of that Act).
1.243 This repeals a definition in s.24 of that Act (dealing with the exercise of authority under warrants) of an SES office. This definition of SES office is no longer required with the removal of the concept of office from the PS Bill.
1.244 This amends para. (a) of a definition of `senior officer of the Organisation' in s.24 of that Act (dealing with the exercise of authority under warrants). This amendment recognises that the APS SES is now composed of `SES employees', and is in accordance with DTT para. (n) - A.
1.245 This amends s.86 of that Act which provides that ASIO staff are not employed under 1922 PSA. The amendment is in accordance with the DTT para. (k).
1.246 This repeals s-sec.90(5) of that Act which contains an obsolete reference to the PSB.
1.247 This removes a reciprocal mobility provision (in s.90A of that Act).
Australian Space Council Act 1994
1.248 This amends s.27 of that Act which requires the staff of the Australian Space Council to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Australian Sports Commission Act 1989
1.249 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Sports Commission (in s.14 of that Act).
1.250 This removes a reference to 1922 PSA s.87E for the Executive Director of the Australian Sports Commission (in s.35 of that Act).
1.251 This amends a `make available' provision in s-sec.41(3) of that Act. This amendment is in accordance with the DTT para. (c).
1.252 As above - but in accordance with the DTT para. (h) - A.
Australian Sports Drug Agency Act 1990
1.253 This removes a reference to 1922 PSA s.87E for the Chairperson of the Australian Sports Drug Agency (in s.33 of that Act).
1.254 This amends a `make available' provision in s-sec.56(3) of that Act. This amendment is in accordance with the DTT para. (c).
1.255 As above - but in accordance with the DTT para. (h) - A.
Australian Tourist Commission Act 1987
1.256 This amends s-sec.13(4) of that Act which provides that the government member of the Board of Directors of the Australian Tourist Commission will be an APS officer. This amendment is in accordance with the DTT para. (d) - A.
1.257 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Board of Directors of the Australian Tourist Commission (in s.18 of that Act).
1.258 This removes a reference to 1922 PSA s.87E for the Managing Director of the Australian Tourist Commission (in s.36 of that Act).
Australian Trade Commission Act 1985
1.259 This amends the definition of `Australian authority' in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (h) - A.
1.260 This removes a reference to 1922 PSA s.87E for the Managing Director and the Deputy Managing Director of the Australian Trade Commission (in s.57 of that Act).
1.261 This removes a reciprocal mobility provision (in s.63 of that Act).
Australian War Memorial Act 1980
1.262 This removes a reference to 1922 PSA S.87E for the Director (in s.23 of that Act).
1.263 This changes the APS staffing provisions for the Australian War Memorial (s.27 of that Act). The staffing powers will remain vested in the Director of the Memorial.
1.264 As above.
Back to Top 1.265 This amends a `make available' provision in s-sec.28(1) of that Act in accordance with the DTT para. (c).
Australian Wine and Brandy Corporation Act 1980
1.266 This amends s.39ZL of that Act. This section is in Part VIA of that Act dealing with the wine label integrity program, and enables the Corporation to provide levy information to the relevant Department. This amendment is in accordance with the DTT
para. (h) - A.
Australian Wool Research and Promotion Organisation Act 1993
1.267 This inserts a new definition of `designated group' for EEO purposes (in
s-sec.4(1) of that Act), replacing the definition previously based on the 1922 PSA s.7 definition.
Bank Integration Act 1991
1.268 This amends the definition of `authorised person' in s-sec.5(1) of that Act. This amendment is in accordance with the DTT para. (n) - B.
Bankruptcy Act 1966
1.269 This amends s.31A of that Act dealing with the exercise by a Registrar in Bankruptcy of the powers of a Court having jurisdiction in bankruptcy. S-sec.31A(5) makes it clear that a Registrar is not subject to direction or control by external bodies when exercising these powers, notwithstanding, among other things, the 1922 PSA. This amendment of
s-sec.31A(5) is in accordance with the DTT para. (k).
Bounty (Books) Act 1986
1.270 This amends s.32 of that Act which enables the responsible Minister to delegate his powers under that Act to a Customs officer or to an APS officer in the relevant Department. This amendment is in accordance with the DTT para. (f) - B.
Broadcasting Services Act 1992
1.271 This changes the APS staffing provisions for the Australian Broadcasting Authority (ABA - s.165 of that Act). The staffing powers will remain vested in the Chairperson.
1.272 As above.
Chemical Weapons (Prohibition) Act 1994
1.273 This amends s.99 of that Act which enables the responsible Minister to delegate his powers under that Act to an SES officer. This amendment is in accordance with the DTT para. (n) - B.
Child Support (Assessment) Act 1989
1.274 This amends s-para.149(1)(c)(i) of that Act which enables the Child Support Registrar to delegate the Registrar's powers or functions under that Act to an officer or employee in the Registrar's agency. This amendment converts a reference to the Child Support Registrar in terms of the 1922 PSA to a reference to the Commissioner of Taxation (who is also the Registrar) as the Agency Head for the purpose of the PS Bill. This amendment is in accordance with the DTT paras (b) and (c).
1.275 This amends the definition of `person to whom this section applies' in s.150 of that Act dealing with secrecy. This amendment is to the same effect as the preceding amendment.
Child Support (Registration and Collection) Act 1988
1.276 This amends s-para.15(1)(c)(i) of that Act which enables the Child Support Registrar to delegate the Registrar's powers or functions under that Act to an officer or employee in the Registrar's agency. This amendment converts a reference to the Child Support Registrar in terms of the 1922 PSA to a reference to the Commissioner of Taxation (who is also the Registrar - s-sec.10(2) of that Act) as the Agency Head for the purpose of the PS Bill. This amendment is in accordance with the DTT paras (b) and (c).
1.277 This amends the definition of `person to whom this section applies' in s.16 of that Act dealing with secrecy. This amendment is to the same effect as the preceding amendment.
Christmas Island Act 1958
1.278 This amends s.8G of that Act dealing with powers and functions under applied Western Australian laws. S-sec.8G(7) enables these powers and functions to be delegated by the responsible Minister to, among others, `(h) an officer or employee within the meaning of' 1922 PSA. This amendment is in accordance with the DTT para. (d) - A.
1.279 This item and item 280 amend s.17 of that Act dealing with the appointment and employment of persons for the purposes of the Government of the Territory of Christmas Island. These amendments are in accordance with the DTT para. (k).
1.280 As above.
Civil Aviation Act 1988
Back to Top 1.281 This removes a reference to 1922 PSA s.87E for the Chairperson of the Board of the Civil Aviation Safety Authority (CASA - in s.37 of that Act).
Classification (Publications, Films and Computer Games) Act 1995
1.282 This changes the APS staffing provisions for the Classification Board (s.54 of that Act). The staffing powers will remain vested in the Director of the Classification Board.
1.283 As above.
1.284 This amends s.59 of that Act dealing with delegations by the Director. This amendment is in accordance with the DTT para. (f) - B.
1.285 This removes a reference to 1922 PSA s.87E for a Member of the Board whose recreation leave entitlements are determined by the Remuneration Tribunal (in s.61 of that Act).
Cocos (Keeling) Islands Act 1955
1.286 This amends s.8G of that Act dealing with powers and functions under applied Western Australian laws. S-sec.8G(7) enables these powers and functions to be delegated by the responsible Minister to, among others, `(h) an officer or employee within the meaning of' 1922 PSA. This amendment is in accordance with the DTT para. (d) - A.
1.287 This amends s.15A of that Act dealing with the appointment and employment of persons for the purposes of the government of the Territory of Cocos (Keeling) Islands. This amendment is in accordance with the DTT - para. (k).
Commonwealth Authorities and Companies Act 1997
1.288 This amends in accordance with the DTT para. (d) - A.
Commonwealth Bank Sale Act 1995
1.289 This amends s.20 of that Act dealing with exemptions from certain State and Territory taxes. Exemption certificates can be given by, among others, SES officers authorised by the Secretary of the relevant Department. This amendment is in accordance with the DTT para. (n) - B.
Commonwealth Electoral Act 1918
Australian Electoral Commission
1.290 This amends s.6 of that Act dealing with the establishment of the Australian Electoral Commission. This amendment is in accordance with the DTT para. (c).
1.291 This removes a reference to 1922 PSA s.87E for an electoral officer (in s.23 of that Act).
1.292 This changes the APS staffing provisions for the Australian Electoral Commission (s.29 of that Act). The staffing powers will remain vested in the Electoral Commissioner.
1.293 As above.
1.294 This removes an obsolete reference to the PSB in s-sec.35(3) of that Act dealing with the terms and conditions of employment of persons employed by the Australian Electoral Commission under that Act.
1.295 This removes a Part IV mobility provision (in s-sec.35(5) of that Act).
Redistribution Committee for a State
1.296 This item, together with items 297, 298 and 299 amend s.60 of that Act dealing with the Redistribution Committee for a State. This item amends in accordance with the DTT para. (e) - A.
1.297 As above - but in accordance with DTT para. (f) - B.
1.298 As above - but in accordance with DTT para. (f) - B.
1.299 As above - but in accordance with DTT para. (e) - A.
Electoral Rolls
1.300 This amends s.91 of that Act dealing with the provision of rolls and habitation indexes to political parties etc. Information can also be provided to a Secretary within the meaning of the 1922 PSA if that Secretary is prescribed in the regulations. This amendment omits the current definition of `Secretary'.
1.301 As above - but in accordance with the DTT para. (c).
Postal Voting
1.302 This amends s.193 of that Act dealing with authorised witnesses. This amendment is in accordance with the DTT para. (f) - B.
The Scrutiny
1.303 This amends s-sec.279B(1) of that Act dealing with the conduct of a recount. This must, among other things, be conducted in the presence of an APS officer. This amendment is in accordance with the DTT para. (f) - B.
1.304 As above.
Disclosure of Electoral Expenditure
1.305 This amends s.311A of that Act which requires the principal officer of each Commonwealth department (as defined) to attach to its annual report particulars of amounts paid to advertising agencies etc. This amendment to the
Back to Top definition of `Commonwealth Department' in s-sec.311A(4) is in accordance with the DTT para. (h) - A.
1.306 As above. This amendment to the definition of `principal officer' in
s-sec.311A(4) is in accordance with the DTT para. (c).
Commonwealth Grants Commission Act 1973
1.307 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Commonwealth Grants Commission (in s.10 of that Act).
1.308 This amends a `make available' provision in s.15 of that Act in accordance with the DTT para. (f) - A.
Commonwealth Inscribed Stock Act 1911
1.309 This amends s.51H of that Act which enables the Treasurer to authorise, among others, a person holding an APS office to exercise certain powers delegated to the Treasurer by the Governor-General. This amendment is in accordance with the DTT - para. (o) - B.
1.310 This amends s.51K of that Act which enables the Treasurer to delegate specified powers to, among others, a person holding an APS office. This amendment is in accordance with the DTT - para. (o) - B.
Commonwealth Legal Aid Act 1997
1.311 This repeals Part IV of that Act.
Commonwealth Serum Laboratories Act 1961
1.312 This amends s.19X of that Act which enables the responsible Minister to delegate specified powers and functions to the holder of an SES office. This amendment is in accordance with the DTT - para. (n) - B.
1.313 As above. This omits a definition of SES office, consequential on previous amendment.
Commonwealth Services Delivery Agency Act 1997
1.314 This amends the definition of `principal officer' in s.3 of that Act in accordance with the DTT - para. (k).
1.315 This changes the APS staffing provisions for the Commonwealth Services Delivery Agency (s.35 of that Act). The staffing powers will remain vested in the CEO of that Agency.
1.316 As above.
Commonwealth Superannuation Board Act 1999
1.317 This amends the definition of agency in s-sec. 23(10) to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State and Department of Parliament in paras (a) and (b) respectively.
1.318 This amends the definition of agency in s-sec. 24(10) to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State and Department of Parliament in paras (a) and (b) respectively.
Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997
1.319 This amends s.7 of that Act by substituting a new definition of Registrar of Commonwealth vehicles who is to be the APS employee performing the duties referred to in s-sec.(1) of that section.
Complaints (Australian Federal Police) Act 1981
1.320 This amends para.41(1)(c) of that Act. Section 41 requires the observance of secrecy and para.41(1)(c) extends that requirement to APS staff in the Ombudsman's Office. This amendment is in accordance with the DTT para. (k).
1.321 This amends s-sec.64(3) of that Act, which requires the Registrar, the Deputy Registrars and the staff of the Federal Police Disciplinary Tribunal to be persons appointed or employed under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Constitutional Convention (Election) Act 1997
1.322 This item, together with items 323 and 324, amend in accordance with the DTT para. (f) - A.
1.323 As above.
1.324 As above.
Construction Industry Reform and Development Act 1992
1.325 This removes a reference to 1922 PSA s.87E for the CEO of the Construction Industry Development Agency (in s.38 of that Act).
Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978
1.326 This amends s.5 of that Act dealing with the conditions of the guarantee. One condition is that authorised APS officers will have reasonable access to the financial accounts. This amendment is in accordance with the DTT para. (f)
Back to Top - B.
Copyright Act 1968
1.327 This amends s.170 of that Act which requires the Secretary and staff of the Copyright Tribunal to be `persons employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1922-1968'. This amendment is in accordance with the DTT para. (k).
Corporate Law Economic Reform Program Act 1998
1.328 This amends in accordance with the DTT para. (d) - A.
Council for Aboriginal Reconciliation Act 1991
1.329 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Council for Aboriginal Reconciliation (in s.20 of that Act).
1.330 This amends s.26 of that Act which requires the Council Secretariat to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.331 This amends s.29 of that Act which enables the Council to delegate its powers under that Act to, among others, an SES officer. This amendment is in accordance with the DTT para. (n) - B.
Crimes Act 1914
1.332 This amends the definition of `Commonwealth officer' in s-sec.3(1) of that Act, para. (a) of which includes `an officer or employee within the meaning of the Public Service Act 1922'. The amendment is in accordance with the DTT para. (d) - A.
1.333 This amends in accordance with the DTT para. (f) - B.
1.334 This amends s-sec.21F(3) of that Act which enables the Attorney-General to appoint APS officers as parole officers. This amendment is in accordance with the DTT
para. (f) - B.
1.335 This amends the definition of `eligible person' in relation to evidentiary certificates under s.56 of that Act. The amendment is in accordance with the DTT
para. (n) - A.
1.336 This amends s.85ZL which contains definitions for Part VIIC of that Act (pardons, quashed convictions and spent convictions). The amendment is in accordance with the DTT para. (h) - A.
1.337 As above, but in accordance with the DTT para. (c).
Crimes (Aviation) Act 1991
1.338 This amends the definition of `authorised person' in s-sec.3(1) of that Act.
Para. (c) of the definition provides that, for the purposes of s.37 of that Act, an `authorised person' is an SES officer in the Attorney-General's Department who has been authorised for those purposes. This amendment is in accordance with the DTT para. (n) - B.
1.339 This amends the definition of `authorised person' in s-sec.3(1) of that Act.
Para. (d) of the definition provides that, for the purposes of s.49 of that Act, an `authorised person' is a person employed under 1922 PSA and authorised for those purposes. The amendment is in accordance with the DTT para. (d) - B.
1.340 This amends s.23 of that Act dealing with dangerous goods. This amendment is in accordance with the DTT para. (d) - A.
Criminology Research Act 1971
1.341 This removes a reference to 1922 PSA s.87E for the Director of the Australian Institute of Criminology (in s.19 of that Act).
CSL Sale Act 1993
1.342 This amends s.44 of that Act which continues the operation of s.55E of the Judiciary Act 1903 to certain matters, including matters covered by a certificate by an authorised person. An `authorised person' includes an SES officer in the Attorney-General's Department. This amendment to the definition of `authorised officer' in s-sec.44(3) is in accordance with the DTT para. (n) - B.
1.343 This amends s.47 of that Act dealing with exemptions from certain State and Territory taxes. Exemption certificates can be given by an `authorised person', which includes, among others, SES officers authorised by the Secretary of the relevant Department. This amendment to the definition of `authorised person' in s-sec.47(4) is in accordance with the DTT para. (n) - B.
Customs Act 1901
1.344 This amends the definition of `prescribed officer' in s-sec.208DA(1) of that Act by substituting a new definition which relies on the new AIA definition of `SES employee' and `acting SES employee'.
Customs Administration Act 1985
1.345 This removes a reference to 1922 PSA s.87E for the CEO of Customs (formerly the Comptroller-General of Customs) (in s.9 of that Act).
1.346 This changes the APS staffing provisions for the Australian Customs
Back to Top Service (s.15 of that Act). The staffing powers will remain vested in the CEO of Customs.
1.347 As above.
Dairy Produce Act 1986
1.348 This amends s.109C of that Act which enables the Secretary of the relevant Department to authorise an APS officer for the purposes of s.108D of that Act (which deals with negative levy payments). This amendment is in accordance with the DTT para. (f) - B.
1.349 This amends the Schedule to that Act which contains definitions related to s.50A (EEO) and s.50B (merit). This amendment changes the definition of `designated group' for EEO purposes from that contained in 1922 PSA s.7.
Debits Tax Administration Act 1982
1.350 This amends the definition of `officer' in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Defence Act 1903
1.351 This amends s.58B of that Act which enables the Minister for Defence to make determinations relating to remuneration, allowances and other benefits for the Defence Force. This amendment of para.58B(1A)(a) converts a reference to a 1922 PSA s.82D determination to a reference to a determination under cl.24 of the PS Bill.
1.352 This amends s.73A of that Act dealing with the unlawful giving or obtaining of information as to defences. This amendment of s-sec.73A(1) is in accordance with the DTT para. (f) - B.
1.353 This amends s.120B of that Act dealing with the attachment of salaries of members of the Defence Force. The process begins with the service of specified documentation on a `paying officer'. This amendment of the definition of `paying officer' in s-sec.120B(16) is in accordance with the DTT para. (f) - C.
1.354 This amends s.123 of that Act which deals with immunity from certain State and Territory laws for members of the Defence Force and authorised employees of the Department of Defence who have been declared as such by the Secretary or an 1922 PSA officer authorised by the Secretary. This amendment of s-sec.123(2) is in accordance with the DTT para. (f) - A.
1.355 As above.
1.356 This converts a reference in s.124 of that Act to a 1922 PSA s.82D determination to a reference to a determination under cl.24 of the PS Bill.
Defence Force Discipline Act 1982
1.357 This amends s.175 of that Act which provides for the issue of evidentiary certificates about fines etc by, among others, an APS officer in the Department of Defence. This amendment is in accordance with the DTT para. (f) - B.
Defence Force Discipline Appeals Act 1955
1.358 This amends s-sec.19(4) of that Act, which requires the Registrar and Deputy Registrar of the Defence Force Discipline Appeal Tribunal to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Defence Force Retirement and Death Benefits Act 1973
1.359 This amends s.131 of that Act which confers regulation making powers on the Governor-General, including the power to apply and modify 1922 PSA s.82D determinations. This amendment of s-sec.131(4) converts a reference to a 1922 PSA s.82D determination to a reference to a determination under cl.24 of the PS Bill.
Defence Housing Authority Act 1987
1.360 This item, together with item 361 amend a definition of designated office in the Department of Defence in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (n)- B.
1.361 As above.
1.362 This amends para.12(1)(c) of that Act which provides that one member of the Defence Housing Authority will be an officer under 1922 PSA occupying a designated office. This amendment is in accordance with the DTT para. (f) - B.
1.363 This amends s.41 of that Act dealing with the guarantee of borrowings and raisings by wholly-owned subsidiaries of the Authority. S-sec.41(4) requires the Treasurer to be satisfied that, among other things, authorised APS officers will have access to the financial accounts of such subsidiaries or of bodies in which those subsidiaries have a controlling interest. This amendment is in accordance with the DTT para. (f) - B.
1.364 As above - consequential on preceding amendment.
1.365 This removes a reference to 1922 PSA s.87E for the Managing Director of the Defence Housing Authority (in s.51 of that Act).
1.366 This changes the APS staffing provisions for the Defence Housing Authority (s.57 of that Act). The staffing powers will remain vested in the Managing Director of the Authority.
1.367 As above.
Back to Top 1.368 This amends s.60 of that Act which enables the transfer of assets to the Defence Housing Authority by the Minister or by the occupant of a designated office in the Department of Defence. This amendment is in accordance with the DTT para. (o) - A.
1.369 As above - also in accordance with the DTT para. (o) - A.
Defence Service Homes Act 1918
1.370 This amends s.23J of that Act in accordance with the DTT para. (f) - B.
1.371 This amendment is consequential on the preceding amendment.
Defence (Special Undertakings) Act 1952
1.372 This amends the definition of `Commonwealth officer' in s.4 of that Act. The amendment is in accordance with the DTT para. (f) - B.
Defence (Visiting Forces) Act 1963
1.373 This amends in accordance with the DTT para. (n) - B.
Designs Act 1906
1.374 This amends a delegation provision in relation to the Registrar (s.8A of that Act) in accordance with the DTT para. (d) - B.
1.375 This omits s-sec.8A(2) of the delegation provision (which has a special definition of `employee'). This sub-section is no longer necessary, consequential on the amendment above.
Development Allowance Authority Act 1992
1.376 This removes a reference to 1922 PSA s.87E for a Full-Time Development Allowance Authority (DAA - in s.103 of that Act).
1.377 This amends s.107 of that Act dealing with conflicts of interest. S-sec.107(3) enables the responsible Minister to direct the DAA to delegate a particular matter to a person in a specified SES office. This amendment of s-sec.107(3) is in accordance with the DTT para. (n) B.
1.378 This amends s.108 of that Act which enables the DAA to delegate functions or powers to a person in an SES office. This amendment is in accordance with the DTT para. (n) - B.
Director of Public Prosecutions Act 1983
1.379 This removes a reference to 1922 PSA s.87E for the Director of Public Prosecutions and the Associate Director of Public Prosecutions (in s.20 of that Act).
1.380 This changes the APS staffing provisions for the Office of the Director of Public Prosecutions (s.27 of that Act). The staffing powers will remain vested in the Director of Public Prosecutions.
1.381 As above.
1.382 This amends a delegation provision (in s.31 of that Act) in relation to the Direction of Public Prosecutions. The amendment is in accordance with the DTT
para. (n) - A.
Disability Discrimination Act 1992
1.383 This amends the definition of `Commonwealth employee' in s-sec.4(1) of that Act. Para. (a) of that definition covers a person who `holds an office or appointment in the APS or is employed in a temporary capacity in a Department'. This amendment is in accordance with the DTT para. (d) - A.
1.384 This amends the definition of `Department' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (h) - A.
1.385 This removes a reference to 1922 PSA s.87E for the Disability Discrimination Commissioner (in s.116 of that Act).
Disability Services Act 1986
1.386 This amends s.25 of that Act dealing with arrangements for the provision of rehabilitation programs. S-sec.25(1A) deals with arrangements for such programs for APS agencies. This amendment is in accordance with the DTT para. (c).
1.387 This removes s-sec.25(1B) of that Act, consequential on the above amendment.
Education Legislation Amendment Act 1997
1.388 This removes a Part IV mobility provision in relation to the University of Canberra (in item 31 of Schedule 1 of that Act).
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
1.389 This amends s.17 of that Act which enables the responsible Minister to delegate the Minister's powers under that Act to the relevant Secretary or to an SES officer in the relevant Department. This amendment is in accordance with the DTT - (n) - B.
Employment Education and Training Act 1988
National Board
Back to Top 1.390 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the National Board of Employment, Education and Training (in s.17 of that Act).
1.391 This amends s.32 of that Act dealing with the membership of the five Councils established by s.23 of that Act. Para.32(3)(a) enables the responsible Minister, upon the request of the National Board, to appoint an APS officer or employee to a particular Council. This amendment is in accordance with the DTT para. (d) - A.
1.392 As above - consequential on the preceding amendment.
1.393 This amends in accordance with the DTT para. (d) - A.
1.394 This amends in accordance with the DTT para. (d) - A.
1.395 Consequential on the preceding amendment.
1.396 This amends in accordance with the DTT para. (d) - A.
Councils
1.397 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of a Council (in s.35C of that Act).
1.398 This amends s-sec.55(2) of that Act which requires the Director of the National Board to be an APS officer or employee. This amendment is in accordance with the DTT para. (d) - B.
1.399 This amends s.56 of that Act which requires the staff assisting the National Board and the Councils to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Annual Report
1.400 This amends s.69 of that Act dealing with the reports to be prepared and laid before the Parliament. This amendment links an annual report requirement for the Commonwealth Employment Service to the new annual report requirement in cl.63 of the PS Bill.
Employment Services Act 1994
1.401 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Employment Services Regulatory Agency (ESRA) Board (in s.83 of that Act).
1.402 This removes a reference to 1922 PSA s.87E for the ESRA CEO (in s.98 of that Act).
1.403 This changes the APS staffing provisions for ESRA (s.110 of that Act). The staffing powers will remain vested in the ESRA CEO.
1.404 This amends a `make available' provision in s.111 of that Act. This amendment is in accordance with the DTT para. (h) - A.
Endangered Species Protection Act 1992
1.405 This amends the definition of `Department' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (h) - A.
1.406 This amends the definition of `Secretary' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (c).
Environment Protection (Alligator Rivers Region) Act 1978
1.407 This amends s.8 of that Act dealing with the appointment of the Supervising Scientist. This amendment is in accordance with the DTT para. (f) - C.
1.408 This amends s.26 of that Act which requires the staff to be `persons appointed or employed under' the 1922 PSA. This amendment is in accordance with the DTT para. (f) - C.
1.409 This amends s.31 of that Act dealing with secrecy. Para.31(3)(a) permits communication to, among others, the `Permanent Head' of the relevant Department.
1.410 As above.
Environment Protection and Biodiversity Conservation Act 1999
1.411 This amends s-sec. 393(1) of that Act which allows the Secretary to make arrangements with an Agency Head for the performance of the functions or powers of wardens and rangers by officers or employees in another Agency or Commonwealth authority. This amendment is in accordance with the DTT para. (d) - B.
1.412 This amends s-sec. 393(4) of that Act which allows the Director to make arrangements with an Agency Head for the performance of the functions or powers of wardens and rangers by officers or employees in another Agency or Commonwealth authority. This amendment is in accordance with the DTT para. (d) - B.
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
1.413 This removes a reference to 1922 PSA s.7 and amends the definition of `authority' in s-sec.3(1).
1.414 This removes a reference to the former Public Service Board.
1.415 This removes a reference to 1922 PSA and amends the definition of `designated group' in s-sec.3(1).
1.416 This removes a requirement in s.8 of that Act for authorities covered by the Act to elect whether to lodge reports with the former Public Service Board
Back to Top (`PSB', now the Public Service Commissioner as the successor to the PSB by virtue of s-sec.11(7) of the
Administrative Arrangements Act 1987) or with the responsible Minister. Under s.9 as amended, program reports will be required to be lodged with the responsible Minister. Note that it is intended to review the
Equal Employment Opportunity (Commonwealth Authorities) Act 1987 in the light of the Public Service Bill 1999.
1.417 This omits an obsolete reference to the PSB consequential on the preceding amendment.
1.418 This recasts s-sec.9(4) as a consequence of the deletion of s.8.
1.419 This recasts s-sec.10(1) as a consequence of the deletion of s.8.
1.420 This substitutes a new s.11 in that Act, which omits reference to recommendations being made to an authority by the PSB.
1.421 This recasts s-sec.12(1) as a consequence of the deletion of s.8.
1.422 This repeals ss.13 and 14 of that Act which provide for the issuing of guidelines and reporting to the Prime Minister by the PSB.
Evidence Act 1995
1.423 This amends in accordance with the DTT para. (b).
1.424 This amends in accordance with the DTT para. (b).
1.425 This amends in accordance with the DTT para. (b).
1.426 This inserts a new `Dictionary' provision (clause 8A of the Dictionary in that Act) to ensure that references to offices under Australian laws are interpreted having regard to the fact that the PS Bill does not use the concept of office in relation to APS employees.
Excise Tariff Act 1921
1.427 This amends in accordance with the DTT para. (b).
Family Law Act 1975
1.428 This amends the definition of `welfare officer' in s.4 of that Act in accordance with the DTT para. (d) - B.
The Family Court of Australia
1.429 This removes a reference to 1922 PSA s.87E for a Full-Time Judicial Registrar (in s.26JA of that Act).
1.430 This amends s.37A, which enables powers of the Family Court to be delegated to Registrars. Sub-sec.37A(8) ensures that the Registrars are not subject to direction or control in relation to the exercise of those powers notwithstanding anything in the 1922 PSA. This amendment is in accordance with the DTT para. (k).
1.431 This amends s.37B of that Act, dealing with the independence of Registrars. This amendment is in accordance with the DTT para. (k).
1.432 This substitutes a new s-sec.37B(4) to accord with the terminology and provisions of the PS Bill.
Management of the Family Court
1.433 This removes a reference to 1922 PSA s.87E for the CEO of the Family Court (in s.38G of that Act).
1.434 This amends s.38N of that Act, dealing with the personnel of the Family Court other than the CEO (i.e., the other officers of the Court and the staff of the Registries). This amendment is in accordance with the DTT para. (d) - B.
1.435 As above.
1.436 This amends in accordance with the DTT para. (c).
1.437 This amends in accordance with the DTT para. (d) - B.
1.438 This changes the APS staffing provisions for the Family Court of Australia (s.38Q of that Act). The staffing powers will remain vested in the CEO of the Family Court.
Location and recovery of children
1.439 This amends s.67H of that Act. This amendment takes account of the fact that under the PS Bill members of the SES are not now appointed to an office.
Australian Institute of Family Studies
1.440 This removes a reference to 1922 PSA s.87E for the Director of the Australian Institute of Family Studies (in s.114G of that Act).
1.441 This changes the APS staffing provisions for the Australian Institute of Family Studies (s.114M of that Act). The staffing powers will remain vested in the Director of the Institute.
1.442 As above.
Family Law Council
1.443 This amends s.115 of that Act, which provides that the Family Law Council will consist, among others, of such APS officers as the Attorney-General thinks fit. This amendment is in accordance with the DTT para. (f) - B.
Federal Airports Corporation Act 1986
1.444 This amends the definition of `authority of the Commonwealth' in
Back to Top s-sec3(1) of that Act. This amendment and the subsequent amendment are in accordance with the DTT para. (h) - A.
1.445 As above.
1.446 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Board of the Federal Airports Corporation (in s.17 of that Act).
1.447 This amends a `make available' provision in s.61 of that Act in accordance with the DTT para. (c).
1.448 As above - but in accordance with DTT para. (h) - A.
1.449 As above - but in accordance with DTT para. (h) - A.
1.450 This amends para.66(1)(b) of that Act which enables the responsible Minister to delegate specified powers to a person in an SES office in the relevant Department. This amendment is in accordance with the DTT para. (n) - B.
Federal Court of Australia Act 1976
1.451 This removes a reference to 1922 PSA s.87E (in s.18AI of that Act).
1.452 This removes a reference to 1922 PSA s.87E for the Registrar of the Federal Court (in s.18G of that Act).
1.453 This amends s.18N of that Act dealing with Court personnel other than the Registrar (i.e., the other officers of the Court and the staff of the Registries). This amendment is in accordance with the DTT para. (d) - B.
1.454 As above (in relation to Deputy Sheriffs).
1.455 This amends a `make available' provision in s-sec18N(6) of that Act in accordance with the DTT para. (c).
1.456 As above, but in accordance with the DTT para. (h) - A.
1.457 As above, but in accordance with the DTT para. (d) - B.
1.458 This changes the APS staffing provisions for the Federal Court of Australia (s.18Q of that Act). The staffing powers will remain vested in the Registrar of the Federal Court.
Powers of Registrars
1.459 This amends s.35A of that Act dealing with the powers of the Federal Court that can be exercised by Registrars. This amendment is in accordance with the DTT para. (k).
Assessors
1.460 This removes a reference to 1922 PSA s.87E for a Full-Time Assessor (in s.37F of that Act). (Assessors assist the Federal Court in the exercise of its jurisdiction under the Native Title Act 1993).
Federal Magistrates Act 1999
1.461 This changes the APS staffing provisions for the Federal Magistrates Court
(s.99 of that Act). The staffing powers will remain vested in the Chief Executive Officer.
1.462 This amends a "made available" provision in s.102 of that Act in accordance with the DTT para. (c).
1.463 This amends in accordance with the DTT para. (d) - B.
1.464 Update of reference to Public Service Act 1999.
1.465 This amends in accordance with the DTT para. (d) - B.
1.466 This amends in accordance with the DTT para. (d) - B.
1.467 This amends in accordance with the DTT para. (d) - B.
1.468 This removes a reference to 1922 PSA s.87E.
Film Licensed Investment Company Act 1998
1.469 This amends in accordance with the DTT para. (n) - B.
Financial Management and Accountability Act 1997
1.470 This amends in accordance with the DTT para. (k).
Financial Transaction Reports Act 1988
1.471 This amends the definition of `taxation officer' in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (d) - A.
1.472 This removes a reference to 1922 PSA s.87E for the Director of the Australian Transactions Report and Analysis Centre (AUSTRAC - s.36B of that Act).
1.473 This changes the APS staffing provisions for AUSTRAC (s.40 of that Act). The staffing powers will remain vested in the Director of AUSTRAC.
1.474 As above.
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998
1.475 Update of reference to Public Service Act 1999.
1.476 Update of reference to Public Service Act 1999.
Back to Top First Home Owners Act 1983
1.477 This repeals the definition of Secretary in s-sec.4(1) of that Act. The definition defined `Secretary' as meaning `the Permanent Head of the Department', and is no longer necessary.
Fisheries Management Act 1991
1.478 This amends s.137 of that Act which provides that the Registrar, Deputy Registrars and other officers of the Statutory Fishing Rights Allocation Review Panel are to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.479 This amends s.138 of that Act which enables the Minister to appoint `persons appointed or employed under' 1922 PSA to act in a Review Panel office. This amendment is in accordance with the DTT para. (d) - B.
Foreign Evidence Act 1994
1.480 This amends s.26 of that Act in which deals with certificates relating to foreign material given either by the Attorney-General or an officer authorised by the Attorney-General. This amendment is accordance with the DTT para. (n) - B.
Forestry and Timber Bureau Act 1930
1.481 This amends s.3 of that Act dealing with the establishment of the Forestry and Timber Bureau. S-sec.3(3) requires the Director-General and the staff of the Bureau to be `persons appointed under' 1922 PSA. This amendment is in accordance with the DTT para. (k).
Freedom of Information Act 1982
1.482 This amends Schedule 2 to that Act. Among other things, Division 1 of Part II of Schedule 2 to that Act exempts the National Health and Medical Research Council `in relation to documents in the possession of' members of the National Health and Medical Research Council who are not officers, or employees, within the meaning of 1922 PSA. This amendment is in accordance with the DTT para. (d) - A.
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
1.483 This amends the definition of `Department' in s-sec.3(1) of that Act to take account of the terminology changes in the PS Bill in relation to the staffing provisions.
Fringe Benefits Tax Assessment Act 1986
1.484 This amends the definition of `officer' in s-sec.136(1) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Governor-General Act 1974
1.485 This amends s.6 of that Act dealing with the Official Secretary. Since 1984 the Governor-General Act 1974 has made provision for the statutory appointment of the Official Secretary to the Governor-General in whom is vested the power to employ Government House staff. This amendment gives statutory recognition to the organisation comprising the Official Secretary and the staff employed by the Official Secretary, to be known as the Office of the Official Secretary to the Governor-General. The amendment also includes a brief description of the function of the Office, namely to assist the Governor-General.
1.486 This amends s.14 to provide a simpler provision for the determination of the terms and conditions of employment of staff engaged by the Official Secretary and removes an obsolete reference to approval by the PSB.
1.487 This removes a reciprocal mobility provision. Currently ss.16 and 17 of that Act provide for the application of the mobility arrangements of Part IV of 1922 PSA for APS officers employed under the Governor-General Act and provide similar arrangements for temporary employees who in 1984 had redeployment rights under the CE(RR)A.
1.488 As above.
Great Barrier Reef Marine Park Act 1975
1.489 This removes a reference to 1922 PSA s.87E for the Chairperson of the Great Barrier Reef Marine Park Authority (GBRMPA - in s.13 of that Act).
1.490 This changes the APS staffing provisions for GBRMPA (s.40 of that Act). The staffing power will remain vested in the Chairperson of GBRMPA.
1.491 As above.
1.492 This amends a `make available' provision in s-sec.42(2) of that Act in accordance with the DTT para. (c).
1.493 As above - but in accordance with the DTT para. (h) - A.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
1.494 This amends para.60(b) of that Act which enables the responsible Minister to delegate the Minister's powers or functions under that Act to a person in an SES office in the Minister's Department. This amendment is in accordance with the DTT para. (n) - B.
Back to Top Health Insurance Act 1973 1.495 This removes a reference to 1922 PSA s.87E for the Director of the Office of Professional Services Review (in s.106ZB of that Act).
1.496 This changes the APS staffing provisions for the Office of Professional Services Review (s.106ZM of that Act). The staffing powers will remain vested in the Director.
1.497 This amends s-sec.130 of that Act dealing with secrecy. S-sec.130(5B) of that Act defines an `authorised officer' as meaning `(b) any other officer' within the meaning of 1922 PSA holding or performing the duties of an office in the relevant Department. Such an authorised officer can provide specified information about hospitals. This amendment to
s-sec.130(5B) is in accordance with the DTT para. (f) - A.
Health Insurance Commission Act 1973
1.498 This amends the definition of the `APS' in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (k).
1.499 This removes a reference to 1922 PSA s.87E for the Managing Director of the Health Insurance Commission (in s.23 of that Act).
High Court of Australia Act 1979
1.500 This removes a reference to 1922 PSA s.87E for the Chief Executive and Principal Registrar of the High Court (in s.22 of that Act).
1.501 This removes an obsolete reference in para.25(3)(a) of that Act to the PSB. The provision being removed required the concurrence of the PSB to the terms and conditions of a person acting as Chief Executive and Principal Registrar of the High Court.
1.502 This amends a `make available' provision (in s.26 of that Act) in accordance with the DTT para. (c).
1.503 As above, but in accordance with DTT para. (h) - A.
Horticultural Policy Council Act 1987
1.504 This amends in accordance with the DTT para. (d) - B.
Housing Assistance Act 1996
1.505 This amends the potential recipients of payments (under s.8 of that Act) to take account of the changed terminology for APS agencies under the PS Bill. This amendment adds a PS Bill Agency to the list of potential recipients. This amendment and the next amendment, achieve the effect of DTT para. (h) - A.
1.506 As above - amends para.8(2)(f), consequentially, so that it only applies to the States.
1.507 This amends s.13 of that Act which enables the responsible Minister to delegate certain powers to `an officer of, or person employed in' the APS. This amendment is in accordance with the DTT para. (d) - A.
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990
1.508 This amends s.26 of that Act which enables the responsible Minister to delegate specified powers to a DoFA officer holding an SES office. This amendment is in accordance with the DTT para. (n) - B.
Human Rights and Equal Opportunity Commission Act 1986
1.509 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Human Rights and Equal Employment Opportunity Commission (HREOC - s.39 of that Act).
1.510 This changes the APS staffing provisions for HREOC (s.43 of that Act).
1.511 As above.
1.512 This removes a reference to 1922 PSA s.87E for the Human Rights Commissioner (s.46F of that Act).
Immigration (Education) Act 1971
1.513 This amends s.10 of that Act which enables the responsible Minister to delegate the Minister's powers or functions under that Act (other than the delegation power itself) to `an officer of the Public Service of the Commonwealth'. This amendment is in accordance with the DTT para. (f) - B.
Income Tax Assessment Act 1936
Deductions for non-compulsory uniform
1.514 This amendment substitutes a new s-sec.51AL(23) to provide for the Industry Secretary to delegate to a person in the Industry Department using the terminology of the PS Bill and the draft Classification Rules which it is proposed to issue under cl.23 of that Bill. The current form of s-sec.51AL(23) of the Income Tax Assessment Act 1936 allows the Industry Secretary to delegate to a Senior Officer Grade A, B or C.
Under the PS Bill, the authority for the creation of classifications will be Classification Rules under cl.23. These arrangements are discussed in more detail in the Ex Memo to the PS Bill.
It is proposed that new Classification Rules will come into effect on the same day as the PS Bill. These will set out approved classification levels framed in terms of APS Groups. Each group will set out the names of those
Back to Top classifications regarded as being at a comparable classification level for the purposes of the Classification Rules.
The current Senior Officer Grade C classification will be included in Group 7 and Senior Officer Grade A and B classifications will be included in Group 8. These Groups will also include other comparable classifications, including the levels in a new classification structure currently being progressively implemented by APS agencies through agency agreements.
1.515 As above - removes, consequentially on the earlier amendment of s-sec.51AL(23), a definition of SES office - no longer needed.
1.516 This amends the definition of SES office in s.124K of that Act in accordance with the DTT para. (n) - B.
1.517 This amends s.124ZADAA of that Act which enables the responsible Minister to delegate his powers under the Division to the Secretary or a person in an SES office in the Minister's Department. This amendment is in accordance with the DTT para. (n) - B.
1.518 As above - removes, consequentially, the definition of SES office - no longer needed.
1.519 This amends s.159UX of that Act which enables the responsible Minister to delegate specified powers under the Subdivision to the Secretary or a person in an SES office in the Minister's Department. This amendment is in accordance with the DTT para. (n) - B.
1.520 As above - removes, consequentially, the definition of SES office - no longer needed.
Income Tax Assessment Act 1997
1.521 This substitutes a new s.34-65 in that Act, providing for the Industry Secretary to delegate to a person in the Department of Industry, Science and Resources using the terminology of the PS Bill and the Classification Rules which it is proposed to issue under cl.23 of that Bill. The current form of s.34-65 of the Income Tax Assessment Act 1997 allows the Industry Secretary to delegate to a Senior Officer Grade A, B or C.
It is proposed that new Classification Rules will come into effect on the same day as the PS Bill. These will set out approved classification levels framed in terms of APS Groups. Each group will set out the names of those classifications regarded as being at a comparable classification level for the purposes of the Classification Rules.
The current Senior Officer Grade C classification will be included in Group 7 and Senior Officer Grade A and B classifications will be included in Group 8. These Groups will also include other comparable classifications, including the levels in a new classification structure currently being progressively implemented by APS agencies through agency agreements.
1.522 This amends in accordance with the DTT para. (n) - B.
1.523 This amends in accordance with the DTT para. (n) - B.
Industrial Chemicals (Notification and Assessment) Act 1989
1.524 This amends the definition of `Department' in s.5 of that Act. This amendment is in accordance with the DTT para. (h) - A.
1.525 This amends the definition of `Secretary' in s.5 of that Act. This amendment is in accordance with the DTT para. (c).
1.526 This amends s-sec.84(1) of that Act, which enables the Director to appoint as an inspector `a person appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.527 This amends s-sec.84(2) of that Act which enables arrangements to be made for State and Territory public servants to act as inspectors. This converts a reference to arrangements with the States or Territories under 1922 PSA s.78 to a reference to the corresponding arrangements under cl.71 of the PS Bill.
1.528 This removes a reference to 1922 PSA s.87E for the Director (in s.94 of that Act).
1.529 This amends a `make available' provision in s-sec.100(1) of that Act for the purposes of assessing chemicals under that Act. This amendment is in accordance with the DTT para. (c).
1.530 As above - but in accordance with the DTT para. (h) - A.
1.531 This amends para.104(c) of that Act which enables the responsible Minister to delegate specified functions or powers to, among others, a person in an SES office in the Minister's Department. This amendment is in accordance with the DTT para. (n) - B.
1.532 This substitutes a new s.104A in that Act, providing for the Director of Chemicals Notification Assessment to delegate all or any of the Director's functions and powers under that Act, other than for specified exceptions. The amendment allows for use of the terminology of the PS Bill and the Classification Rules which it is proposed to issue under cl.23 of that Bill. The current form of s.104A of the Act allows the Director to delegate to a Senior Officer Grade A, B or C.
It is proposed that new Classification Rules will come into effect on the same day as the PS Bill. These will set out approved classification levels framed in terms of APS Groups. Each group will set out the names of those classifications regarded as being at a comparable classification level for the purposes of the Classification Rules.
The current Senior Officer Grade C classification will be included in Group 7
Back to Top and Senior Officer Grade A and B classifications will be included in Group 8. These Groups will also include other comparable classifications, including the levels in a new classification structure currently being progressively implemented by APS agencies through agency agreements.
Industry Research and Development Act 1986
1.533 This amends para.9(1)(b) of that Act which provides that the Industry Research and Development Board will include a person performing the duties of an APS office designated by the responsible Minister. This amendment is in accordance with the DTT para. (o) - B.
1.534 This amends s.25 of that Act which provides that the staff required to assist the Board and committees appointed by the responsible Minister (under s.22 of that Act) will be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Inspector-General of Intelligence and Security Act 1986
1.535 This amends s.18 of that Act which deals with the powers of the Inspector-General of Intelligence and Security to obtain information and documents. This amendment is in accordance with the DTT para. (h) - A.
1.536 This removes a reference to 1922 PSA s.87E for the Inspector-General (in s.28 of that Act).
1.537 This changes the APS staffing provisions for the Office of the Inspector-General of Intelligence and Security (s.32 of that Act). The staffing powers will remain vested in the Inspector-General.
1.538 As above.
International Air Services Commission Act 1992
1.539 This removes a reference to 1922 PSA s.87E for a Full-Time Member (in s.44 of that Act).
International Transfer of Prisoners Act 1997
1.540 This amends para.53(b) of that Act which enables the Attorney-General to delegate the Attorney-General's powers under that Act or the regulations to a person in an SES office in the Attorney-General's Department. This amendment is in accordance with the DTT para. (n) - B.
Judiciary Act 1903
1.541 This amends in accordance with the DTT para. (d) - B.
1.542 This amends in accordance with the DTT para. (d) - B.
1.543 This amends in accordance with the DTT para. (d) - B.
Lands Acquisition Act 1989
1.544 This amends s.139 of that Act which enables the responsible Minister or the Attorney-General to delegate their powers or functions to, among others, an APS member. This amendment is in accordance with the DTT para. (d) - A.
Legislative Instruments Act 1997
1.545 This amends in accordance with the DTT para. (n) - A.
Long Service Leave (Commonwealth Employees) Act 1976
1.546 This amends para.4(1)(e), the definition of `approving authority' and vests in Agency Heads and Chief Executive Officers of non-APS agencies various discretionary powers in relation to long service leave that are currently vested in the Secretary of DEWRSB.
1.547 This inserts a new definition of `chief executive officer' as a consequence of the amendment to the definition of `approving authority' in s-sec.4(1) of that Act.
1.548 This inserts a new definition of `employing agency' as a consequence of the amendment to the definition of a `approving authority' in s-sec.4(1) of that Act.
1.549 This repeals the definition of `officer' as defined in 1922 PSA which is no longer needed, as all the sections in which this term is used have been repealed or amended (also concept of `officer' does not appear in 1997 PSA).
1.550 This inserts a provision (new s-sec.41A) to clarify `replacement agency' as a consequence of the amendment to the definition of `approving authority'. This clarifies who is the approving authority in situations where there has been a machinery of government change after a person has ceased to be an employee, whether or not by reason of death, but before any payments in lieu of long service leave to the person or his or her dependants had been finalised.
1.551 Subsection 4(9) dealing with the definition of minimum retiring age, is obsolete and is repealed.
1.552 This repeals an obsolete reference to the CE(RR)A.
1.553 This amends the definition of minimum retiring age, in line with cl.30 of the PS Bill.
1.554 This amends the delegation provision (in s.9 of that Act). Consistent with the policy of vesting employer powers in Agency Heads, the LSLA and the Maternity Leave (Commonwealth Employees) Act 1973 have been amended to vest directly in Agency Heads and Chief Executive Officers of non-APS agencies various discretionary powers in relation to long service leave and maternity
Back to Top leave that are currently vested in the Secretary, DEWRSB. This has created the opportunity to modernise the delegations powers in these Acts, by standardising them with the delegations provisions in the PS Bill.
The new provisions mirror sub-cls.78(7) and (9)-(11) of the PS Bill, which are discussed in detail in paras 11.9.17 to 11.9.29 of the Explanatory Memorandum to the PS Bill.
Adopting a parallel approach to the drafting of the delegations power in the PS Bill and the Long Service and Maternity Leave Acts will simplify the administration of personnel delegations and training of delegates in their responsibilities, and so contribute to the achievement of high quality, cost effective personnel services.
1.555 This vests in Agency Heads and Chief Executive Officers of non-APS agencies a discretionary power currently vested in the Secretary of DEWRSB.
Management and Investment Companies Act 1983
1.556 This amends s.16 of that Act which requires the staff necessary to assist the Management and Investment Companies Licensing Board to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Maternity Leave (Commonwealth Employees) Act 1973
The changes to the Maternity Leave Act vest directly in APS Agency Heads and Chief Executive Officers of non-APS agencies certain discretionary powers in relation to maternity leave that are currently vested in the Secretary of DEWRSB. These powers have in fact already been devolved to Agency Heads through a complex mixture of delegation and provisions in the Continuous Improvement in the APS Enterprise Agreement 1995-96.
More specifically, the CTA Bill devolves to Agency Heads (as newly defined in the Maternity Leave Act) central agency powers included in s.6 and 7A relating to absence from duty in relation to childbirth and return to duty.
1.557 This defines `Agency Head' to mean:
(a) in relation to a person who is an APS employee with the meaing of the PS Bill - the Agency Head of the Agency in which the person is an APS employee;
(b) in the case of a person who is employed in a prescribed authority - the Chief Executive Officer (however described) of that authority.
1.558 This repeals the definition of `Department of the Australian Public Service' in s.3(1). Items 573 and 574 delete all references to `Department', in ss.8(1), s.11(1) and 12(1).
1.559 This repeals the definition of `Secretary'. Items 565-572 and 574 remove the references to `Secretary' in sub-ss.6(4C), 6(4F), 7A(4), 7A(5) and 7A(6) and ss.11 and 12.
1.560 This amends para.5(1)(a) of that Act in accordance with the DTT para. (k).
1.561 This amends an application provision in s-sec. 5A(2) to take account of the proposed separate staffing arrangements for the Parliamentary Departments.
1.562 This omits an obsolete reference to s-sec.6(4AB) which is being repealed.
1.563 This removes a Part IV mobility provision in s-sec.6(4AB) of that Act.
1.564 This removes a cross-reference in s-sec.6(4B) of that Act in relation to the mobility provision being removed, as above.
1.565 This vests powers now vested in the Secretary, DEWRSB in Agency Heads as defined above (item 557 refers).
1.566 As above.
1.567 As above.
1.568 As above.
1.569 As above.
1.570 As above.
1.571 As above.
1.572 As above.
1.573 This repeals s.8 of that Act, which relies in the concept of office, and substitutes a corresponding obligation based on clause 12 of Schedule 14, Parental Leave of the WRA.
1.574 This replaces the delegations power in s.11 and subdelegations powers in s.12 of that Act with a modernised new delegations power parallel to the delegations provisions in the PS Bill. The new provision mirrors s-cls.78(7) and (9)-(11) of the PS Bill, which are discussed in detail at paras 11.9.17 to 11.9.29 of the Explanatory Memorandum to the PS Bill.
Adopting a similar approach to the drafting of the delegations powers in the PS Bill and the Long Service and Maternity Leave Acts will simplify the administration of personnel delegations and the training of delegates in their responsibilities, and so contribute to the achievement of high quality, cost effective personnel services.
Meat Inspection Arrangements Act 1964
1.575 This amends the definition of `person employed by the Commonwealth' in
s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (d) - A.
Members of Parliament (Staff) Act 1984
Back to Top Definitions
1.576 This removes a definition of the MPRA in s.3 of that Act.
1.577 This removes an obsolete reference to the PSB in the definition provisions of s.3 of that Act.
1.578 This amends the definition of `officer' in s.3 of that Act. This amendment is in accordance with the DTT para. (f) - B.
1.579 This amends the definition of `Public Service Act' in s.3 of that Act. This amendment is in accordance with the DTT, para. (k).
1.580 This repeals the definition of `relevant public servant' in s.3 of that Act, which is no longer required.
Ministerial Consultants
1.581 This removes obsolete references to the PSB in s.5 of that Act dealing with the terms and conditions of engagement of Ministerial consultants. This amendment transfers the determination making power to the Prime Minister.
1.582 This removes a Part IV mobility provision for Ministerial consultants in s.10 of that Act.
1.583 As above, in relation to s.11 of that Act.
1.584 This item and items 585, 589 and 590 omit references no longer required in
s-sec.14(1) and 21(1) of that Act. They omit and substitute certain words in those s-secs., to reflect more accurately the terminology required in an agreement for the employment of a person.
1.585 As above.
Staff of office-holders
1.586 This amends s.14 of that Act dealing with the terms and conditions of employment of staff of office-holders. This amendment of s-sec.14(1) is in accordance with the DTT para. (f) - A.
1.587 This removes a provision consequent on the preceding amendment.
1.588 This removes a Part IV mobility provision for staff of office-holders. Sections 17 and 18 of that Act deal with the reintegration processes including the referral to a
Re-integration Assessment Committee.
1.589 This item, together with item 590, omit references no longer required in
s-sec.21(1) of that Act. They omit, and in the case of item 590, substitute certain words in those s-secs., to reflect more accurately the terminology required in an agreement for the employment of a person.
1.590 As above.
Staff of Senators and Members
1.591 This amends s.21 of that Act dealing with the terms and conditions of staff employed by Senators and Members of the House of Representatives. This amendment of s-sec.21(1) is in accordance with the DTT para. (f) - A.
1.592 This removes a provision, consequent on the preceding amendment.
1.593 This removes a Part IV mobility provision. Sections 24 and 25 of that Act deal with the reintegration process for APS members employed by Senators and Members of the House of Representatives, including the referral to a Re-integration Assessment Committee.
1.594 As above.
Merit Protection (Australian Government Employees) Act 1984
1.595 This repeals the whole of that Act.
Migration Act 1958
1.596 This amends s.143 of that Act which enables the Attorney-General to delegate powers to, among others, an SES officer in the Attorney-General's Department. This amendment is in accordance with the DTT para. (n) - B.
1.597 This amends the definition of `official' in s.275 of that Act. This amendment is in accordance with the DTT para. (d) - A.
1.598 This amends s.364 of that Act which enables a Presiding Member of the Immigration Review Tribunal to authorise, among others, a `person appointed or employed under' 1922 PSA to take evidence on oath or affirmation. This amendment is in accordance with the DTT para. (d) - B.
1.599 This amends s-sec.407(4) of that Act which requires the Registrar, Deputy Registrar and other officers of the Tribunal to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.600 This amends s-sec.408(1) which enables the responsible Minister to make acting appointments to the Tribunal of a `person appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.601 This amends s-sec.428(1) of that Act which enables the Tribunal to authorise, among others, `a person appointed or employed under' 1922 PSA to take evidence on oath or affirmation. This amendment is in accordance with the DTT para. (d) - B.
1.602 This amends s-sec.472(4) of that Act which requires the Registrar, Deputy Registrar and other officers of the Tribunal to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.603 This amends s-sec.473(1) of that Act which requires the Registrar, Deputy Registrar and other officers of the Tribunal to be `persons appointed or
Back to Top employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Migration Legislation Amendment (Migration Agents) Act 1997
1.604 Update of reference to Public Service Act 1999.
1.605 Update of reference to Public Service Act 1999.
Motor Vehicle Standards Act 1989
1.606 This amends s.22 of that Act which requires the Administrator of Vehicle Standards to be a person in an SES office in the relevant Department in accordance with the DTT para. (n) - B.
1.607 This amends s-sec.25(1) which enables the responsible Minister to appoint `a person appointed or employed under' 1922 PSA to be an inspector. This amendment is in accordance with the DTT para. (d) - B.
1.608 This amends s-sec.25(2) of that Act to omit references to 1922 PSA s.78 and substitute a reference to the equivalent cl.71 in the PS Bill.
National Crime Authority Act 1984
1.609 This removes a reference to 1922 PSA s.87E for a Member of the National Crime Authority (NCA - in s.40 of that Act).
1.610 This changes the APS staffing provisions for NCA (s.47 of that Act). The staffing powers will remain vested in the Chairperson of the NCA.
1.611 As above.
National Environment Protection Council Act 1994
1.612 This removes a reference to 1922 PSA s.87E for the National Environment Protection Council (NEPC) Executive Officer (in s.43 of that Act).
1.613 This changes the APS staffing provisions for the NEPC Service Corporation (s.49 of that Act). The staffing powers will remain vested in the NEPC Executive Officer.
1.614 As above.
1.615 This amends a `make available' provision in s.51 of that Act. This amendment is in accordance with the DTT para. (d) - B.
National Gallery Act 1975
1.616 This removes a reference to 1922 PSA s.87E for the Director of the National Gallery of Australia (in s.28 of that Act).
National Health Act 1953
1.617 This amends the definition of `Director' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (k).
Private Health Insurance Administration Council
1.618 This removes a reference to 1922 PSA s.87E for a Full-Time Commissioner of the Private Health Insurance Administration Council (in s.82PEA of that Act).
1.619 This amends a `make available' provision in s.82PL of that Act in relation to the Administration Council. This amendment is in accordance with the DTT para. (c).
1.620 As above - but in accordance with the DTT para. (h) - A.
1.621 This removes a reference to 1922 PSA s.87E for the Director of the Administration Council (in s.82PN of that Act).
Conduct and Supervision of Registered Organisations
1.622 This amends s.82R of that Act which deals with the investigation of a registered health organisation by an inspector. S-sec.82R(3) provides that such an inspector may be an APS officer. This amendment is in accordance with the DTT para. (f) - C.
1.623 This amends s-sec.82X(1) of that Act which enables an inspector to delegate the inspector's powers (other than the power of delegation) to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Private Health Insurance Complaints Commissioner
1.624 This removes a reference to 1922 PSA s.87E for the Private Health Insurance Complaints Commissioner (in s.82ZUD of that Act).
1.625 This amends a `make available' provision in s-sec.82ZUG(2) for the Complaints Commissioner. This amendment is in accordance with the DTT para. (c).
1.626 As above - but in accordance with the DTT para. (h) - A.
National Health and Medical Research Council Act 1992
1.627 This amends s-sec.22(1) which requires the Secretary to the National Health and Medical Research Council (NH&MRC) to be the person in a designated SES office. This amendment is in accordance with the DTT para. (n) - B.
1.628 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the NH&MRC (in s.26 of that Act).
1.629 This amends s-sec.45(1) of that Act which requires the NH&MRC staff to be `persons appointed or employed under' 1922 PSA. This amendment is in
Back to Top accordance with the DTT para. (d) - B.
1.630 This amends a `make available' provision in s-sec.45(2) of that Act to enable NH&MRC staff to be sought from the Secretary of the relevant Department. This amendment is in accordance with the DTT para. (d) - B.
1.631 This amends a `make available' provision in s-sec.48(1) of that Act to enable NH&MRC staff to be sought from outside the relevant Department. This amendment is in accordance with the DTT para. (c).
1.632 As above - but in accordance with the DTT para. (h) - A.
Commissioner of Complaints
1.633 This amends a `make available' provision in s.72 of that Act for staff to assist the Commissioner of Complaints (functions set out in s.56 of that Act). This amendment is in accordance with the DTT para. (d) - B.
National Labour Consultative Council Act 1977
1.634 This amends s.9 of that Act which provides that the travelling allowance for members of the National Labour Consultative Council will be the highest rate paid to APS officers other than Secretaries. This amendment is in accordance with the DTT para. (f) - C.
1.635 This amends s-sec.12(2) of that Act which provides that the travelling allowance for members of committees of the National Labour Consultative Council will be the highest rate paid to APS officers other than Secretaries. This amendment is in accordance with the DTT para. (f) - C.
National Library Act 1960
1.636 This amends s.6 of that Act which sets out the functions of the National Library of Australia. This amendment (together with the next amendment) is in accordance with the DTT para. (h) - A.
1.637 As above.
1.638 This changes the APS staffing provisions for the National Library of Australia (s.17 of that Act). The staffing powers will remain vested in the Director-General of the National Library of Australia.
1.639 This amends s-sec.17(5) of that Act which enables the Director-General to delegate to an `officer employed under' 1922 PSA all the Director-General's powers and functions (other than the power of delegation). This amendment is in accordance with the DTT para. (f) - C.
1.640 As above.
1.641 As above, in relation to s-sec.17(6) of that Act.
1.642 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Council of the National Library (in s.17B of that Act).
1.643 This amends s.18 of that Act which provides that the staff of the National Library will be employed under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
National Museum of Australia Act 1980
1.644 This removes a reference to 1922 PSA s.87E for the Director of the National Museum of Australia (in s.26 of that Act).
1.645 This changes the APS staffing provisions for the National Museum of Australia (s.30 of that Act). The staffing powers will remain vested in the Director.
1.646 As above.
1.647 This amends a `make available' provision in s-sec.31(1) of that Act. This amendment is in accordance with the DTT para. (c).
National Occupational Health and Safety Commission Act 1985
1.648 This removes a reference to 1922 PSA s.87E for the CEO of the National Occupational Health and Safety Commission (NOHSC - in s.12 of that Act).
1.649 This removes a reference to 1922 PSA s.87E for the Director of the National Institute of Occupational Health and Safety (in s.32 of that Act).
1.650 This changes the APS staffing provisions for Worksafe Australia (s.53 of that Act). The staffing powers will remain vested in the CEO of the NOHSC.
1.651 As above.
1.652 This amends a `make available' provision in s-sec.54(1) of that Act in relation to the NOHSC. This amendment is in accordance with the DTT para. (c).
1.653 As above - but in accordance with the DTT para. (b).
National Parks and Wildlife Conservation Act 1975
1.654 This removes a reference to 1922 PSA s.87E for the Director (in s.26 of that Act).
1.655 This changes the APS staffing provisions for the Australian National Parks and Wildlife Service (also known as the Australian Nature Conservation Agency - s.34 of that Act).
1.656 As above.
1.657 This amends a `make available' provision in s-sec.36(2) of that Act. This amendment is in accordance with the DTT para. (c).
1.658 As above - but in accordance with the DTT para. (b).
National Roads Act 1974
1.659 This amends s-sec.15(1) of that Act which enables the responsible
Back to Top Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
National Road Transport Commission Act 1991
1.660 This removes a reference to 1922 PSA s.87E.
1.661 This changes the APS staffing provisions for the National Road Transport Commission (s.31 of that Act). The staffing powers will remain vested in the Chief Executive Officer of the Commission.
1.662 As above.
1.663 This amends a `make available' provision in para.33(1)(a) of that Act in accordance with DTT para. (d) - B.
National Transmission Network Sale Act 1998
1.664 This amends in accordance with the DTT para. (n) - B.
Native Title Act 1993
1.665 This removes a reference to 1922 PSA s.87E for the Registrar of the National Native Title Tribunal (NNTT - in s.102 of that Act).
1.666 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the NNTT - s.117 of that Act).
1.667 This amends s-sec.130(3) of that Act requiring Deputy Registrars and NNTT staff to be APS members. This amendment is in accordance with DTT para. (d) - B.
1.668 This amends a `make available' provision in s-sec.130(4) of that Act. The amendment is in accordance with DTT para. (c).
1.669 As above, but in accordance with DTT para. (b).
1.670 This changes the APS staffing provisions for the NNTT in s.131 of that Act. The staffing powers will remain vested in the Registrar of the NNTT.
1.671 Update of reference to Public Service Act 1999.
Natural Heritage Trust of Australia Act 1997
1.672 This amends references in para.45(1)(c) of that Act to certain SES employees, and applies the new AIA definition of `SES employee' and `acting SES employee'.
1.673 As above, in relation to para.46(1)(b) of that Act.
1.674 This repeals a definition of `Senior Executive Service office', no longer relevant.
Natural Resources Management (Financial Assistance) Act 1992
1.675 This amends the definition of `officer' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Naval Defence Act 1910
1.676 This amends the definition of `industrial award' in s.40 of that Act. The current definition refers to the definition in s-sec.7(1) of 1922 PSA. This amendment changes the definition to the definition of award under the WRA.
1.677 This removes an obsolete reference to the PSB in s.42 of that Act dealing with the employment of persons in a civil capacity.
1.678 This amends s.42C of that Act which provides that the 1922 PSA (other than s.64 relating to attachment of salaries) does not apply to person employed under s.42 of the Naval Defence Act. This amendment is in accordance with the DTT para. (k).
1.679 This amends s-sec.42C(2) of that Act. This amendment converts a reference to 1922 PSA s.64 relating to attachment of salaries to a reference to the corresponding provision under cl.75 of the PS Bill.
1.680 As above - but in accordance with the DTT, para. (f) - A.
Norfolk Island Act 1979
1.681 This amends s.13 of that Act dealing with the appointment of executive members. This amendment of para.13(4)(a) is in accordance with the DTT para. (f) - A.
Nuclear Non-Proliferation (Safeguards) Act 1987
1.682 This amends the definition of `Commonwealth officer' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (f) - B
1.683 This removes a reference to 1922 PSA s.87E for the Director of Safeguards (in s.46 of that Act).
1.684 This amends s.55 of that Act which requires the staff for the Director of Safeguards to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Occupational Health and Safety (Commonwealth Employment) Act 1991
1.685 This amends the definition of `Department' in s-sec.5(1) of that Act in accordance with the DTT para. (b).
1.686 This amends the definition of `Secretary' in s-sec.5(1) of that Act. This amendment is in accordance with the DTT para. (c).
1.687 This converts a reference in s.51 of that Act:
Back to Top * from a reference to the 1922 PSA s.78 arrangements with the States and Territories;
* to a reference to the corresponding arrangements in cl.71 of the PS Bill.
1.688 This amends s-sec.80(1) of that Act in accordance with the DTT para. (f) - B.
1.689 This amends s-sec.80(2) in accordance with the DTT para. (o) - B.
1.690 As above - but in accordance with the DTT para. (k).
Occupational Health and Safety (Maritime Industry) Act 1993
1.691 This converts a reference in s.106 of that Act:
* from a reference to arrangements with the States in s.78 of the 1922 PSA;
* to a reference to the corresponding arrangements in cl.71 of the PS Bill.
Office of National Assessments Act 1977
1.692 This amends the definition of `prescribed Commonwealth officer' in s.3 of that Act. This amendment is in accordance with the DTT para. (k).
1.693 This amends para.6(2)(d) of that Act which provides that the National Assessments Board will include an APS officer, not from DFAT or Defence, with experience in economics. This amendment is in accordance with the DTT para. (f) - B.
1.694 This amends para.7(2)(a) of that Act which provides that the Economic Assessments Board will include APS officer(s), not from DFAT, with expertise in economics in accordance with the DTT para. (f) - B.
1.695 This removes a reference to 1922 PSA s.87E for the Director-General (in s.13 of that Act).
1.696 This changes the APS staffing provisions for the Office of National Assessments (ONA - s.17 of that Act). The staffing powers will remain vested in the Director-General.
1.697 As above.
1.698 This amends a `make available' provision in s-sec.17(4) of that Act. The amendment is in accordance with DTT para. (c).
1.699 As above, but in accordance with DTT para. (d) - B and para. (b).
Ombudsman Act 1976
1.700. This item omits a 1922 PSA definition of a Department of the APS and substitutes the appropriate definition under the PS Bill.
1.701 This amends in accordance with the DTT para. (k).
1.702 This amends in accordance with the DTT para. (o) - B.
1.703 This amends s-sec.6(9) to (11) of that Act to enable complaints to be referred to the Public Service Commissioner (instead of to the MPRA as is the case at present).
1.704 This removes a reference to 1922 PSA s.87E for the Ombudsman (in s.25 of that Act).
1.705 This changes the APS staffing provisions for the Office of the Commonwealth and Defence Force Ombudsman (s.31 of that Act). The staffing powers will remain vested in the Ombudsman.
1.706 As above.
Overseas Students (Refunds) Act 1990
1.707 This omits the definition of `officer' in s.3 of that Act, consequential on the amendment to s-sec.5(1).
1.708 This amends s-sec.5(1) of that Act which enables an authorised officer in the relevant Department to have access to specified information and documents. This amendment is in accordance with the DTT para. (f) - A.
1.709 This amends s.10 of that Act which enables the responsible Minister to delegate the Minister's powers to, among others, a person in an SES office in the relevant Department. This amendment is in accordance with the DTT para. (n) - B.
Ozone Protection Act 1989
1.710 This amends s.49 of that Act which enables the responsible Minister to appoint, among others, an APS officer or employee as an inspector. This amendment, together with the next amendment, is in accordance with the DTT para. (d) - B.
1.711 As above.
1.712 This amends s.67A of that Act which enables the responsible Minister to delegate specified powers to an SES officer in the relevant Department in accordance with the DTT para. (n) - B.
Parliamentary Contributory Superannuation Act 1948
1.713 This item amends paragraph (d) of the definition of `holder of an office of profit under the Commonwealth' in s-sec.21B(1) of that Act to take into account the terminology of the PS Bill and the replacement of the term `Permanent Head' with the term `Secretary' by the Public Service Reform Act 1984. This amendment has no effect on the current operation of s.21B.
Parliamentary Counsel Act 1970
1.714 This removes a reference to 1922 PSA s.87E for the First Parliamentary Counsel and Second Parliamentary Counsel (in s.7 of that Act).
1.715 This changes the APS staffing provisions for the Office of the
Back to Top Parliamentary Counsel (in s.16 of that Act).
1.716 As above.
Patents Act 1990
1.717 This amendment amends s.200A by substituting a new definition of Designated Manager. The terms `occupy' and `acting' follows the wording of `acting SES employee' in the PSA 1999. The alternative of occupying/acting is needed because section 34AA of the Acts Interpretation Act (which deals only with delegations) does not apply.
1.718 This amends the definition of `employee' in Schedule 1 to that Act (which contains the Dictionary for that Act). This amendment is in accordance with the DTT para. (d) - B.
1.719 This amends the same definition, consequential on the above amendment.
Petroleum Excise (Prices) Act 1987
1.720 This amends s-sec.4(2) of that Act dealing with the fixing of a transaction price in respect of certain oil by the responsible Minister or an officer under 1922 PSA authorised by the Minister. This amendment is in accordance with the DTT para. (f) - B.
Petroleum Resource Rent Tax Assessment Act 1987
1.721 This amends the definition of `officer' in s.2 of that Act. This amendment is in accordance with the DTT para. (f) - B.
Plant Breeder's Rights Act 1994
1.722 This amends s.59 of that Act which enables the responsible Minister and the relevant Secretary, to delegate their powers or functions under that Act, to the Registrar or to a person in an SES office in the relevant Department. This amendment is in accordance with the DTT para. (n) - B.
Pooled Development Funds Act 1992
1.723 This amends s.68 of that Act which requires the staff for the PDF Registration Board to be `persons appointed or employed' under the 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Prawn Export Promotion Act 1995
1.724 This amends para.24(b) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Prices Surveillance Act 1983
1.725 This amends s.43 of that Act dealing with secrecy. This amendment of `prescribed person' is in accordance with the DTT para. (d) - A.
Primary Industries Levies and Charges Collection Act 1991
1.726 This amends para.26(b) of that Act which enables the relevant Secretary to appoint an APS officer to be an authorised person for the purposes of s.23 of that Act (dealing with requests for information). This amendment is in accordance with the DTT para. (f) - B.
Privacy Act 1988
1.727 This amends the definition of `Commonwealth officer' (in s.6 of the Act) in accordance with the DTT para. (d) - A.
1.728 This amends the definition of `Department' in s-sec.6(1) of that Act. The amendment is in accordance with the DTT para. (h) - A.
1.729 This amends the definition of `Secretary' in s-sec.6(1) of that Act. This amendment is in accordance with the DTT para. (c).
1.730 This removes a reference to 1922 PSA s.87E for the Privacy Commissioner (in s.22 of that Act).
1.731 This changes the APS staffing provisions for the Privacy Commission (s.26 of that Act). The staffing powers will remain vested in the Commissioner of the Privacy Commission.
Reference of matters to other authorities
1.732 This amends s.50 of that Act to enable complaints to be referred to the Public Service Commissioner (instead of to the MPRA as is the case at present).
1.733 As above.
1.734 As above.
1.735 As above.
1.736 As above.
Proceeds of Crime Act 1987
1.737 This amends the definition of `prescribed officer' in s-sec.4(1) of that Act. The amendment is in accordance with the DTT para. (n) - B.
Productivity Commission Act 1998
1.738 This removes a reference to 1922 PSA s.87E.
1.739 This changes the APS staffing provisions for the Productivity Commission (s.44 of that Act). The staffing powers will remain vested in the Chair of the
Back to Top Commission.
1.740 As above.
Protection of Movable Cultural Heritage Act 1986
1.741 This amends s.24 of that Act which enables the Minister to delegate specified powers to the relevant Secretary or to a person in an SES office in the relevant Department. This amendment is in accordance with the DTT para. (n) - B.
Public Lending Right Act 1985
1.742 This amends s.18 of that Act which requires the staff to the Public Lending Right Committee to be persons `appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Public Service Act 1922
1.743 This repeals the whole of 1922 PSA.
Qantas Sale Act 1992
1.744 This amends in accordance with the DTT para. (n) - B, but applies the new AIA Act definition of `SES employee' and `acting SES employee'.
1.745 This removes a definition of SES office, consequent on the preceding amendment.
1.746 This amends s.20 of that Act which provides that anything done under Part 4 for the purpose of specified Acts is not to be taken to be a form of Commonwealth financing. Part 4 of that Act deals with debt and capital reconstruction in connection with the sale of Qantas. This amendment is, in relation to the 1922 PSA, in accordance with the DTT para. (k), and replaces the references to the MP(AGE)A and the 1922 PSA with a reference to the PS Bill.
1.747 This amends in accordance with the DTT para. (n) - B, but applies the new AIA Act defintion of `SES employee' and `acting SES employee'.
1.748 As above.
Racial Discrimination Act 1975
1.749 This removes a reference to 1922 PSA s.87E for the Race Discrimination Commissioner (in s.32 of that Act).
Radiocommunications Act 1992
1.750 This amends the definition of `Department' in s.5 of that Act. This amendment is in accordance with the DTT para. (b).
Settlement of Interference Disputes
1.751 This amends s.204 of that Act dealing with the remuneration and allowances of a conciliator not appointed or employed under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Spectrum Management Agency
1.752 This removes a reference to 1922 PSA s.87E for the Spectrum Manager (in s.248 of that Act).
Referendum (Machinery Provisions) Act 1984
1.753 This, together with the subsequent amendment, amends the definition of `authorised witness' in s.3 of that Act. These amendments are in accordance with the DTT para. (d) - A.
1.754 As above.
1.755 This amends s.11 of that Act dealing with the distribution to electors of arguments for and against a proposed law. S-sec.11(4) prohibits the expenditure of money by the Commonwealth on such arguments except for, among other things, the payment of the salaries of persons who are `officers or employees' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - A.
1.756 This amends in accordance with the DTT para. (d) - A.
1.757 Sub section.95B(7) requires the parcel of ballot papers to be opened in the presence of an APS officer (and of any scrutineer who attends). This amendment of s-sec.95B(7) is in accordance with the DTT para. (f) - B.
Registration of Deaths Abroad Act 1984
1.758 This amends s-sec.5(2) of that Act which provides that the Registrar of Deaths Abroad must be `an officer or employee under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.759 This amends s-sec.6(1) of that Act which enables the responsible Minister to appoint `an officer or employee under' 1922 PSA as the acting Registrar of Deaths Abroad. This amendment is in accordance with the DTT para. (d) - B.
1.760 This amends s-sec.26(1) of that Act which enables the Registrar of Deaths Abroad to delegate to `an officer or employee under' 1922 PSA the Registrar's powers (other than the power of delegation). This amendment is in accordance with the DTT para. (d) - A.
Remuneration and Allowances Act 1990
1.761 This inserts a regulation making power (proposed s.8A) which is needed to
Back to Top prescribe a classification for the purposes of Schedule 3 to that Act.
1.762 This amends cl.7 of Schedule 1 to that Act. Schedule 1 deals with the holders of judicial and other offices. This amendment is in accordance with the DTT para. (f) - C.
1.763 This amends cl.5 of Schedule 2 to that Act. Schedule 2 deals with Secretaries of Departments and holders of public offices. This amendment of cl.5 is in accordance with the DTT para. (f) - C.
1.764 This amends s-cls.1(2) and (3) of Schedule 3 to that Act. Schedule 3 of the Remuneration and Allowances Act 1990 is amended to allow for the annual salary of MPs to be linked to either the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2 officer, or by regulation, and following advice from the Remuneration Tribunal, some other reference salary. Such a reference salary can be the annual salary applicable to an office under the determining authority of the Remuneration Tribunal or a salary identified by the Remuneration Tribunal from within the principal executive office classification. This increases the options for linking the annual salary of MPs to the salaries within the determining jurisdiction of the Remuneration Tribunal. It ensures that the Tribunal is consulted in relation to any link that is drawn between the salary of MPs and salaries within its jurisdiction. They will be subject to regular review in accordance with the Remuneration Tribunal Act 1973.
Remuneration Tribunal Act 1973
1.765 This item, together with items 766, 767, 768, 769 and 770 expand the functions of the Remuneration Tribunal.
The Tribunal is already empowered to give advice on the remuneration of executive offices and these amendments allow the range of offices that can be placed under this provision to be expanded by authorising the employing body to determine the terms and conditions applying to the offices and to override other provisions for this purpose. The employing body is required to obtain advice from the Tribunal if it wishes to make a determination which is not consistent with the Tribunal's principal executive office classifications (s.12 C of that Act).
These additional functions include determining a classification structure for principal executive offices and providing advice to the employing bodies for principal executive officers in relation to the terms and conditions (including remuneration and allowances) on which principal executive offices are to be held.
In addition the Remuneration Tribunal Act has been amended to reflect the provision of advice in relation to the terms and conditions (including remuneration and allowances) for the offices of Secretary, offices of Heads of Executive Agencies, the office of Public Service Commissioner and the office of Merit Protection Commissioner in accordance with the PS Bill.
The Remuneration Tribunal will, as required, also be providing advice to the Governor-General in relation to MPs annual salary under the provisions of the Remuneration and Allowances Act 1990 and providing advice in relation to the terms and conditions (including remuneration and allowances) for the office of Parliamentary Service Commissioner and the office of Parliamentary Service Merit Protection Commissioner and office of Secretary in accordance with the Parliamentary Service Bill.
1.766 As above.
1.767 As above.
1.768 As above.
1.769 As above.
1.770 As above.
Repatriation Institutions (Transfer) Act 1992
1.771 This, and the subsequent amendment, repeal definitions of `employee' and `officer' in s-sec.3(1) of that Act. These definitions are no longer required.
1.772 As above.
1.773 This amends the definition of `the Service' in s-sec.3(1) of that Act.
1.774 This amends the meaning of ` affected employee' in s.4 of that Act. This amendment is in accordance with the DTT para. (o) - B.
1.775 This amends the meaning of `offer of comparable job' in para.13(1)(b) of that Act. This amendment is in accordance with the DTT para. (o) - B.
1.776 This removes a reference in s.16 of that Act to a 1922 PSA provision. Section 16 of that Act provides that transferred staff have no entitlement to payment in lieu of accrued leave. This amendment of s.16 removes a reference to s.68B of 1922 PSA which was itself repealed in 1980 and which was a provision concerning payment in lieu of recreation leave.
1.777 This removes a Part IV mobility provision (in s.17 of that Act).
Reserve Bank Act 1959
1.778 This amends s-sec.14(2) of that Act by substituting the term `officials' for the previous reference to `officers' of the Bank or the APS.
1.779 This item, together with the next two items, substitute the term `an official' in s-secs.14(3), (4) and (5) for the previous references to `an officer' of the bank or the APS.
1.780 As above.
Back to Top 1.781 As above.
1.782 This amends s.14 of that Act by adding s-sec.(6) which contains a definition of `official' for the purposes of the section.
Resource Assessment Commission Act 1989
1.783 This removes a reference to 1922 PSA s.87E.
Roads Grants Act 1974
1.784 This amends s-sec.15(1) of that Act which enables the Minister to delegate the Minister's powers in relation to approved programs (in s.4 of that Act) to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Roads Grants Act 1980
1.785 This amends s-sec.38(1) of that Act which enables the Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Roads Grants Act 1981
1.786 This amends s-sec.33(1) of that Act which enables the Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Rural Adjustment Act 1992
1.787 This amends s.20C of that Act which enables the responsible Minister to delegate specified powers to a Departmental officer in an SES office. This amendment is in accordance with the DTT para. (n) - B.
1.788 This amends s-sec.21A(2) of that Act. This amendment is in accordance with the DTT para. (n) - B.
Rural Adjustment Amendment Act 1999
1.789 Update of reference to Public Service Act 1999.
Safety, Rehabilitation and Compensation Act 1988
1.790 This removes a reference to 1922 PSA s.87E for the CEO of Comcare Australia (in s.81 of that Act).
1.791 This amends in accordance with the DTT para. (f) - B.
1.792 This changes the APS staffing provisions for Comcare (s.88 of that Act). The staffing powers will remain vested in the CEO of Comcare.
1.793 As above.
1.794 This amends the definition of `Department' in s-sec.114A(2) of that Act. Section 114A deals with the notice to Comcare when an employee who is receiving, or is entitled to receive, compensation retires. This amendment is in accordance with the DTT para. (b).
1.795 This amends the definition of `Secretary' in s-sec.114A(2) of that Act. This amendment is in accordance with the DTT para. (c)
Science and Industry Research Act 1949
1.796 This removes a reference to 1922 PSA s.87E for the Chief Executive of the CSIRO (in s.10C of that Act).
Seafarers Rehabilitation and Compensation Act 1992
1.797 This amends a provision which allows delegation to an SES officer or Senior Officer Grade A, B or C by applying the terminology of the PS Bill and of the Classification Rules which it is proposed to make under cl.23 of that Bill. It also applies the new AIA definition of `SES employee' and `acting SES employee'.
Under the PS Bill, the authority for the creation of classifications will be Classification Rules under cl.23. These arrangements are discussed in more detail in the Explanatory Memorandum to the Public Service Bill 1999.
It is proposed that the new Classification Rules will come into effect on the same day as the PS Bill. These will set out approved classification levels framed in terms of APS Groups. Each group will set out the names of those classifications regarded as being at a comparable classification level for the purposes of the Classification Rules.
The current Senior Officer Grade C classification will be included in Group 7 and Senior Officer Grade A and B classifications will be included in Group 8. These Groups will also include other comparable classifications, including the levels in a new classification structure currently being progressively implemented by APS agencies through agency agreements.
Seafarers Rehabilitation and Compensation Levy Collection Act 1992
1.798 This amends a provision which allows the Authority to `appoint as an authorised person a SES officer or a Senior Officer Grade A, B or C for the purposes of a specified provision of this Act' by applying the terminology of the PS Bill and of the Classification Rules which it is proposed to make under cl.23 of that Bill. It also applies the new AIA definition of `SES employee' and `acting SES employee'.
1.799 This amends a provision which allows delegation to an SES officer or
Back to Top Senior Officer Grade A, B or C by applying the terminology of the PS Bill and of the Classification Rules which it is proposed to make under cl.23 of that Bill. It also applies the new AIA definition of `SES employee' and `acting SES employee'.
Sea Installations Act 1987
1.800 This amends para.74(1)(c) of that Act, which enables the responsible Minister to delegate to an APS employee or officer the Minister's functions or powers (other than this delegation power). This amendment is in accordance with the DTT para. (d) - A.
Sex Discrimination Act 1984
1.801 This amends the definition of `Commonwealth employee' in s-sec.4(1) of that Act which provides that a Commonwealth employee means, among other things, a person who `(a) holds an office of appointment in the APS or is employed in a temporary capacity in a Department'. This amendment is in accordance with the DTT para. (d) - A.
1.802 This amends the definition of `Department' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (b).
1.803 This removes a reference to 1922 PSA s.87E for the Sex Discrimination Commissioner (in s.99 of that Act).
Shipping Registration Act 1981
1.804 This omits a definition of `employee' in s-sec.3(1) of that Act. This definition is not now required with all APS staff being employees.
1.805 This amends s-sec.52(1) of that Act, which enables the responsible Minister to delegate to an APS employee or officer the Minister's powers under that Act (other than this delegation power). This amendment is in accordance with the DTT para. (d) - A.
1.806 This amends s.53 of that Act which enables the Registrar of Ships to delegate the Registrar's powers under that Act to an APS employee or officer. This amendment is in accordance with the DTT para. (d) - A.
Ships (Capital Grants) Act 1987
1.807 This amends s-sec.36(1) of that Act which enables the relevant Secretary to delegate to a person in an SES office in the Secretary's Department the Secretary's powers under that Act (other than the delegation power). This amendment is in accordance with the DTT para. (n) - B.
Snowy Mountains Engineering Corporation Limited Sale Act 1993
1.808 This amends the definition of `authorised person' in s-sec.35(3) of that Act. Section 35 deals with the application of s.55E of the Judiciary Act 1903. This amendment is in accordance with the DTT para. (n) - B.
1.809 This amends the definition of `authorised person' in s-sec.38(4) of that Act. Section 38 deals with exemptions from State and Territory taxes and fees. This amendment is in accordance with the DTT para. (n) - B.
Snowy Mountains Hydro-Electric Power Act 1949
1.810 This removes a reference to 1922 PSA s.87E for a Full-Time Commissioner and for a Full-Time Associate Commissioner of the Snowy Mountains Hydro-Electric Authority (in s.11 of that Act).
Social Security Act 1991
1.811 This removes a reference to 1922 PSA s.87E for a Member of the Social Security Appeals Tribunal (in s.1331 of that Act).
1.812 This amends s.1341 of that Act which requires the staff of the Tribunal to be persons `appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Social Security (Administration) Act 1999
1.813 This removes a reference to 1922 PSA s.87E.
1.814 This amends in accordance with the DTT para. (d) - B.
Special Broadcasting Service Act 1991
1.815 This removes a reference to 1922 PSA s.87E for the Managing Director of the Special Broadcasting Service Corporation (`SBS') (in s.34 of that Act).
1.816 This removes a Part IV mobility provision (in s.81 of that Act).
Special Prosecutors Act 1982
1.817 This amends a `make available' provision in s.18 of that Act. The amendment is in accordance with the DTT para. (d) - A.
States Grants (Education Assistance-Participation and Equity) Act 1983
1.818 This amends para.31(1)(c) of that Act which enables the responsible Minister to delegate the Minister's powers under that Act (other than the delegation power) to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Back to Top States Grants (Petroleum Products) Act 1965 1.819 This amends s.5 of that Act which sets out the requirements of a scheme of financial assistance in relation to a State or the Northern Territory. Under the scheme certain authorisations must be given to the CEO of Customs or to an APS officer appointed by the CEO of Customs. This amendment of s-sec.5(2) is in accordance with the DTT para. (f) - C.
1.820 As above. This amendment of para.5(3)(a) is in accordance with the DTT para. (f) - C.
1.821 As above - consequential on preceding amendment of para.5(3)(a).
1.822 As above - consequential on initial amendment of para.5(3)(a).
States Grants (Roads) Act 1977
1.823 This amends s-sec.34(1) of that Act which enables the responsible Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
States Grants (Schools Assistance) Act 1983
1.824 This amends s-sec.76(1) of that Act which enables the responsible Minister to delegate the Minister's powers under that Act (other than the delegation power) to, among others, an APS officer. This amendment of s-sec.76(1) is in accordance with the DTT para. (f) - B.
States Grants (Schools Assistance) Act 1984
1.825 This amends s-sec.89(1) of that Act which enables the responsible Minister to delegate the Minister's powers under that Act (other than the delegation power) to an APS officer. This amendment of s-sec.89(1) is in accordance with the DTT para. (f) - B.
Stevedoring Industry Charge Assessment Act 1947
1.826 This amends the definition of `officer' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Stevedoring Levy (Collection) Act 1998
1.827 This amends in accordance with the DTT para. (n) - B.
1.828 This amends in accordance with the DTT para. (n) - B.
1.829 This omits s-sec.17(3) which defines SES office. It is no longer necessary as a consequence of the above amendments and contains an obsolete reference to the 98PSA.
Student Assistance Act 1973
1.830 This amends in accordance with the DTT para. (k).
Superannuation Act 1976
Definitions
1.831 This inserts a new definition of `APS Agency' into s-sec.3(1) of the 1976 Superannuation Act (hereafter 1976 Act).
1.832 This inserts a new definition of `APS employee' into s-sec.3(1) of the 1976 Superannuation Act.
1.833 This amends the definition of `permanent employee' in s-sec.3(1) of the 1976 Act which included references to officers and employees under the 1922 PSA. This amendment (and an amendment to the definition of `temporary employee') arise from the removal by the PS Bill of the distinction between `officer' and `employee' contained in the 1922 PSA.
1.834 This amends the existing definition of the `Public Service Act' contained in
s-sec.3(1) of the 1976 Act so that it refers to the PS Bill. This amendment is in accordance with DTT para. (k).
1.835 This amends the definition of `temporary employee' in s-sec.3(1) of the 1976 Act.
1.836 This item repeals the definition of `Department' in s-sec.3C(2) of the 1976 Act and replaces it with a definition that relates to the terminology in the PS Bill and recognises that the Parliamentary Departments will not be staffed under the PS Bill.
Application of 1976 Act to certain persons
1.837 This amendment will ensure that, following the repeal of the 1922 PSA, persons who continue in eligible public employment (within the meaning of Part IV of the 1922 PSA) during the transitional period (within the meaning of Part 3 of the CTA Bill) and persons who after the end of the transitional period continue in the same eligible public employment in which they were engaged at the end of that period will, continue to be members of the Commonwealth Superannuation Scheme (CSS).
This right might have been lost on repeal of the 1922 PSA if the respective amendments had not been made, because the membership rights of people who are compulsorily transferred out of the APS or who have moved voluntarily to other Commonwealth employment are based on the fact that they are covered by the mobility provisions of the 1922 PSA.
1.838 These items (items 838-847) amend section 14A of the 1976 Act which
Back to Top includes a number of references to the 1922 PSA. Section 14A has a number of purposes. Along with paragraph (ea) of the definition of `eligible employee' contained in s-sec.3(1) of the Act it provides for certain persons to be CSS members and describes when they cease to be members. These include persons covered by Part IV of the 1922 PSA. In addition, the section allows modification of the Act by regulations, in relation to classes of persons covered by the section. For example, it allows for the 1976 Act to be modified in respect of certain reappointed or re employed persons who were previously CSS members. These items amend section 14A in order to remove references to provisions in the 1922 PSA that are to be reproduced in the PS Bill. The amendments also allow the modifications made under the section to continue to apply.
1.839 As above.
1.840 As above.
1.841 As above.
1.842 As above.
1.843 As above.
1.844 As above.
1.845 As above, in accordance with DTT para. (l) - A.
1.846 As above.
1.847 As above.
Eligible employees deprived of salary
1.848 Section 16A is an historic provision that refers to a repealed provision of the 1922 PSA (s.32A). This item amends the section to ensure that it continues to refer to the 1922 PSA. The amendment is in accordance with DTT para. (l) - A.
Commissioner for Superannuation
1.849 This removes a reference to 1922 PSA s.87E for the Commissioner for Superannuation (in s.21 of that Act).
1.850 This changes the APS staffing provisions for ComSuper (s.26 of that Act). The staffing powers will remain vested in the Commissioner.
1.851 As above.
Leave of absence without pay
1.852 This item amends s-para.51(2)(f)(i) of the 1976 Act to reflect the terminology contained in the PS Bill. This amendment is in accordance with DTT para. (c).
Age Retirement benefit
1.853 This item amends the definition of `fixed term employee' contained in subsection 57B(1) of the 1976 Act to describe a Secretary appointed on a fixed term by reference to the PS Bill. As all Secretaries holding appointments under the 1922 PSA at the commencement of the PS Bill will be deemed by the CTA Bill to be appointed under the PS Bill, the amendment makes it clear that a person who holds an appointment under the 1922 PSA other than on a fixed term basis is not a fixed term employee.
1.854 This item, together with the subsequent item, amend s-sec.57B(2) of the 1976 Act to replace a reference to a specific provision of the 1922 PSA with a reference to another equivalent provision in the PS Bill (cl.60) and amend the wording as a consequence of that replacement.
1.855 As above.
1.856 This item amends s-sec.57B(3) of the 1976 Superannuation Act to ensure that an existing reference to the 1922 PSA continues to refer to that Act rather than the PS Bill. This amendment is in accordance with DTT para. (l) - A.
Early retirement benefit
1.857 Items 857 - 862 inclusive all amend s-sec.58(3) of the 1976 Act which prescribes many of the circumstances in which a person is deemed to have retired involuntarily and hence becomes entitled to involuntary retirement benefits under the Act. Many of the circumstances are described by reference to specific provisions of the 1922 PSA. The amendments are intended to ensure that the same circumstances are recognised as involuntary retirement after the amendments as before the amendments and therefore do not interfere with any member's entitlement to involuntary retirement benefits. In some cases a reference to a specific provision in the 1922 PSA is replaced with a reference to an equivalent provision in the PS Bill. In other circumstances it has been necessary to provide for termination on a ground similar to a ground in a specific provision of the 1922 PSA if it had continued in force. Existing para.58(3)(h) allows for the circumstances that are recognised as involuntary retirement to be expanded in regulations but is limited to retirement other than under the 1922 PSA. Para.58(3)(h) is amended to allow regulations in respect of retirement and termination under the PS Bill as well as in other circumstances.
1.858 As above.
1.859 As above.
1.860 As above. This amendment of para.58(3)(f) of the 1976 Act is in accordance with DTT, para. (l) - A.
1.861 As above.
Back to Top 1.862 As above.
1.863 This item, together with the following item, replace s-paras 58A(1)(c)(i) and 58B(1)(c)(i) of the 1976 Act to reflect the terminology of the PS Bill.
1.864 As above.
Election candidates
1.865 This item replaces s.120 of the 1976 Act to replace a reference to s.47C of the 1922 PSA with a reference to cl.32 of the PS Bill. Both provisions deal with the right of return of election candidates.
Preservation of rights
1.866 This item amends s-sec.125(3) of the 1976 Act to allow bodies to be prescribed for the purposes of the section under the 1976 Act rather than under the 1922 PSA.
Part XI - Miscellaneous
1.867 This item, together with items 868, 869 and 870 amend s-para.159(1)(b)(i), s-sec.160(8), para.163A(1)(b) and s-sec.167(2) of the 1976 Act to reflect the terminology of the PS Bill. The amendment of s-para.159(1)(b)(i) is in accordance with DTT para. (d) - B.
1.868 As above. This amendment of the definition of `declared authority' in
s-sec.160(8) is in accordance with DTT - para. (d) - B.
1.869 As above - but broadened to include references to a Secretary and to other persons engaged under the PS Bill.
1.870 As above. This amendment of the definition of `officer' in s-sec.167(2) is in accordance with DTT para. (f) - B.
1.871 This item amends s.244 of the 1976 Act to ensure that existing references to the 1922 PSA continue to refer to that Act rather than the PS Bill.
Superannuation Act 1990
1.872 Items 872 and 873 amend the definitions of `permanent employee' and `temporary employee' included in s.3 of the 1990 Superannuation Act (hereafter `1990 Act') which included references to officers and employees under the 1922 PSA. These amendments arise from the removal of the distinction between `officer' and `employee' contained in the 1922 PSA.
1.873 As above.
1.874 This item repeals the definition of `Department' included in s-sec.3AA(2) of the 1990 Act and replaces it with a definition that relates to the terminology in the PS Bill and recognises that the Parliamentary Departments will not be staffed under that Bill. A similar amendment is made to the definition of `Department' in s-sec.3C(2) of the 1976 Superannuation Act.
1.875 This amendment will ensure that, following the repeal of the 1922 PSA, persons who continue in eligible public employment (within the meaning of Part IV of the 1922 PSA) during the transitional period (within the meaning of Part 3 of the CTA Bill) and persons who after the end of the transitional period continue in the same eligible public employment in which they were engaged at the end of that period will, continue to be members of the Public Sector Superannuation Scheme (PSS).
This right might have been lost on repeal of the 1922 PSA if the respective amendments had not been made, because the membership rights of people who are compulsorily transferred out of the APS or who have moved voluntarily to other Commonwealth employment are based on the fact that they are covered by the mobility provisions of the 1922 PSA.
1.876 Items 876 - 878 inclusive amend subpara.19(1)(b)(i), subpara. (a)(i) of the definition of `declared authority' in subsection 35(4) and subpara.36(c)(i) of the 1990 Act respectively, to reflect the terminology of the PS Bill. Each amendment is in accordance with DTT para. (d) - B.
1.877 As above.
1.878 As above. Section 36 of the 1990 Act deals with the costs of medical examination on entry into the PSS Scheme.
Superannuation Benefits (Supervisory Mechanisms) Act 1990
1.879 This item amends the definition of `overseas employee' in s-sec.3(1) of the Supervisory Mechanisms Act
* to replace a reference to a specific provision (s.82AF) in the 1922 PSA;
* with a reference to the equivalent provision (cl.74) in the PS Bill.
1.880 This item amends the definition of `employer' in s-sec.6(6) of the Supervisory Mechanisms Act to take into account the terminology of the PS Bill. This amendment is in accordance with the DTT para. (b).
Superannuation Contributions Tax (Assessment and Collection) Act 1997
1.881 This substitutes a new definition in para.32(1)(b) of that Act of `person to whom this section applies' and is in accordance with the DTT paras (c) and (d) - B.
1.882 This amends in accordance with the DTT para. (d) - B.
1.883 As above.
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
Back to Top 1.884 This amends in accordance with the DTT para. (d) - B.
1.885 This amends in accordance with the DTT para. (d) - B.
1.886 This amends in accordance with the DTT para. (d) - B.
Superannuation Guarantee (Administration) Act 1992
1.887 This amends the definition of Commonwealth Department in s.5 to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State and Department of Parliament in paras (a) and (b) respectively.
1.888 This amends the definition of `authorised officer' in s-sec.6(1) of that Act. This amendment is in accordance with the DTT para. (d) - A.
1.889 This amends s.45 of that Act dealing with secrecy. This amendment of `person to whom this section applies' in s-sec.45(1) of that Act is in accordance with the DTT para. (b), para. (c) and para. (f) - C.
Superannuation Industry (Supervision) Act 1993
1.890 This amends in accordance with the DTT para. (d) - B.
Superannuation (Productivity Benefit) Act 1988
1.891 This item repeals the definition of `Department' included in s-sec.3(1) of that Act and replaces it with a definition that relates to the terminology in the PS Bill and recognises that the Parliamentary Departments will not be staffed under that Bill.
1.892 This item amends the definitions of `permanent employee' included in s-sec.3(1) of that Act which included references to officers and employees under the 1922 PSA. The amendment arises from the removal of the distinction between `officer' and `employee' contained in the 1922 PSA.
1.893 This amends the existing definition of the `Public Service Act' contained in s-sec.3(1) of the PB Act so that it refers to the PS Bill. This amendment is in accordance with DTT para. (k).
1.894 Items 894 and 895 amend the definition of `qualified employee' in s-sec.3(1) of that Act which included references to officers and employees under the 1922 PSA. These amendments arise from the removal of the distinction between `officer' and `employee' contained in the 1922 PSA.
1.895 As above.
1.896 This item amends the definition of `temporary employee' in s-sec.3(1) of this Act.
Superannuation (Resolution of Complaints) Act 1993
1.897 This removes a reference to 1922 PSA s.87E for the Chairperson of the Superannuation Complaints Tribunal (in s.51 of that Act).
1.898 This amends s-sec.62(1) of that Act which requires the staff of the Tribunal to be `person appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Sydney Airport Demand Management Act 1997
1.899 This amends in accordance with the DTT para. (n) - B.
Taxation Administration Act 1953
1.900 This amends the definition of `officer' in s.2 of that Act. This amendment is in accordance with the DTT para. (d) - A.
1.901 This changes the APS staffing provisions for the Australian Taxation Office (new s.4A of that Act - previously dealt with in 1922 PSA s-sec.25(4)). The staffing powers will remain vested in the Commissioner of Taxation.
1.902 This amends s-sec.5(3) of the Taxation Administration Act which provides that the Commissioner of Taxation and Deputy Commissioners of Taxation are not subject to 1922 PSA. This amendment is in accordance with the DTT para. (k).
1.903 This removes a reference to 1922 PSA s.87E for the Commissioner of Taxation and the Second Commissioners of Taxation (in s.6 of that Act).
1.904 This amends the definition of `officer' in s-sec.13D(1) of that Act. This amendment is in accordance with the DTT para. (d) - A.
Telecommunications Act 1997
1.905 This amends s-sec.347(1) of that Act which enables the Secretary of the Department of Defence to delegate the Secretary's powers under Part 16 of that Act (defence requirements and disaster plans) to a person in an SES office in that Department. This amendment is in accordance with the DTT para. (n) - B.
1.906 This removes a definition of SES office in s-sec.347(3) of that Act - consequent on the preceding amendment.
Telecommunications (Interception) Act 1979
1.907 This amends the definition of `certifying officer' in s-sec.5(1) of that Act. This amendment is in accordance with the DTT para. (n) - B.
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
1.908 This amends para.25(1)(b) of that Act which enables the responsible
Back to Top Minister to delegate the Minister's powers under Division 1 of Part 3 of that Act to a person in an SES office in the relevant Department. Division 1 of Part 3 contains transitional provisions relating to the merger of the Australian Telecommunications Authority (AUSTEL) and the Spectrum Management Agency (SMA). This amendment is in accordance with the DTT para. (n) - B.
1.909 This removes a definition of SES office - consequent on the preceding amendment.
1.910 This amends para.35(1)(b) of that Act which enables the responsible Minister to delegate the Minister's powers under Division 1 of Part 3 of that Act to a person in an SES office in the relevant Department. Division 3 of Part 3 of that Act contains transitional provisions relating to the transfer of competition policy resources from AUSTEL to the Australian Competition and Consumer Commission (ACCC). This amendment is in accordance with the DTT para. (n) - B.
1.911 This removes a definition of SES office - consequent on the preceding amendment.
Telstra Corporation Act 1991
1.912 This repeals a definition of `Senior Executive Service office' which is no longer required.
1.913 This amends in accordance with the DTT para. (d) - A.
1.914 This amends in accordance with the DTT para. (n) - B. it also applies the new AIA definition of `SES employee' and `acting SES employee'.
1.915 As above.
1.916 As above.
1.917 As above.
1.918 As above.
1.919 As above.
1.920 As above.
Termination Payments Tax (Assessment and Collection) Act 1997
1.921 This substitutes a new definition in para.23(1)(b) of that Act of `person to whom this section applies' and is in accordance with the DTT paras (c) and (d) - B.
1.922 This amends in accordance with the DTT para. (d) - B.
1.923 As above.
Textile, Clothing and Footwear Strategic Investment Program Act 1999
1.924 This amends in accordance with the DTT para. (n) - B.
Therapeutic Goods Act 1989
1.925 This removes a reference in s-sec 6A(2) of the Therapeutic Goods Act to 1922 PSA s-sec.39(6) which provides that an acting Secretary can perform all the functions of the holder of that office under 1922 PSA or any other law. Section 6A of that Act deals with the functions and powers that the relevant Secretary may perform under a corresponding State law. The Attorney-General's Department has advised that this reference in s-sec 6A(2) of that Act can be omitted. It is not regarded as currently necessary - para.33A(e) of the AIA applies to ensure that an Acting Secretary can perform the functions conferred by s-sec.6A(1) of the Therapeutic Goods Act.
1.926 This item and the subsequent item amend s.57 of that Act which enables the responsible Minister or the relevant Secretary to delegate certain of their powers subject to certain qualifications to, among others, an officer in the relevant Department or another Department. This amendment, together with the next amendment, converts the 1922 PSA terminology for APS agencies to the terminology in the PS Bill. These amendments are in accordance with the DTT para. (h) - A.
1.927 As above.
Tobacco Charges Assessment Act 1955
1.928 This amends the definition of `officer' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Trade Marks Act 1995
1.929 This amends the definition of `employee' in s.6 of that Act. This amendment is in accordance with the
1.930 DTT para. (g).
1.930 This amends the definition of `trade marks officer' in s.6 of that Act to reflect the fact that the PS Bill does not use the concept of office in relation to APS employees.
1.931 As above.
1.932 This amends s-sec.206(1) of that Act which enables the Registrar of Trade Marks to delegate the Registrar's powers or functions to prescribed staff in the Trade Marks Office. This amendment removes a reference to a person in an office in the Trade Marks Office - this reference is no longer required as the PS Bill is drafted without reference to the concept of office so far as APS employees are concerned.
Back to Top Trade Practices Act 1974
Australian Competition and Consumer Commission
1.933 This removes a reference to 1922 PSA s.87E for a Member of the Australian Competition and Consumer Commission (ACCC - in s.12 of that Act).
1.934 This changes the APS staffing provisions for the ACCC (s.27 of that Act). The staffing powers will remain vested in the Chairperson of the ACCC. This amendment is in accordance with DTT para. (d) - B.
1.935 As above.
National Competition Council
1.936 This removes a reference to 1922 PSA s.87E for a Full-Time Councillor of the National Competition Council (in s.29G of that Act).
1.937 This changes the APS staffing provisions for the National Competition Council (s.29M of that Act). The staffing powers will remain vested in the Council President.
1.938 As above.
Australian Competition Tribunal
1.939 This amends s-sec.44(3) of that Act which requires the Registrar of the Australian Competition Tribunal, the Deputy Registrars and their staff to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.940 This amends s-sec.44A(1) which enables the responsible Minister to appoint an officer or employee under 1922 PSA as an Acting Registrar or Acting Deputy Registrar of the Australian Competition Tribunal. This amendment is in accordance with the DTT para. (d) - B.
Consumer Protection
1.941 This amends s.65T of that Act which provides that the supply of certain information to, among others, an APS officer, will not affect insurance contracts. This amendment is in accordance with the DTT para. (f) - B.
International Liner Cargo Shipping
1.942 This amends s.10.80 of that Act which requires the Registrar of Liner Shipping and the Registrar's staff to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Legal and financial assistance
1.943 This amends s-sec.170(2) of that Act which enables the Attorney-General, or an APS officer authorised by the Attorney-General, to authorise the grant of legal or financial assistance in relation to certain proceedings under that Act. This amendment is in accordance with the DTT para. (f) - B.
1.944 As above - consequential on the preceding amendment.
Trade Representatives Act 1933
1.945 This amends s.4 of that Act which provides that Trade Representatives who were not APS officers are not subject to 1922 PSA. This amendment is in accordance with the DTT para. (f) - B.
1.946 As above - but in accordance with the DTT para. (k).
1.947 This amends s-sec.10(2) of that Act which provides that officers appointed by a Trade Representative are not subject to 1922 PSA. This amendment is in accordance with the DTT para. (k).
1.948 This amends s.11 of that Act dealing with a determination by the responsible Minister of the terms and conditions of service of Trade Representatives and officers appointed (under s.10) by Trade Representatives. This amendment of s-sec.11(4) converts
* a reference to a 1922 PSA s.82D determination;
* to a reference to a corresponding determination under cl.24 of the PS Bill.
1.949 This amends s.11C of that Act which enables the Governor-General and the responsible Minister each to delegate their powers (other than the delegation power) to an APS officer in the relevant Department. (The Governor-General can also delegate to the responsible Minister). This amendment is in accordance with the DTT para. (f) - B.
Transport (Planning and Research) Act 1974
1.950 This amends s-sec.18(1) of that Act which enables the responsible Minister to delegate specified powers of the Minister to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Transport Planning and Research (Financial Assistance) Act 1977
1.951 This amends s-sec.14(1) of that Act which enables the responsible Minister to delegate specified powers of the Minister to an APS officer. This amendment is in accordance with the DTT para. (f) - B.
Veterans' Entitlements Act 1986
Treatment at hospitals etc
1.952 This amends s.89 of that Act dealing with treatment at hospitals and
Back to Top other institutions maintained by the Repatriation Commission. S-sec.89(3) applies prescribed State and Territory laws to persons employed or providing services at these hospitals or institutions whether or not they are `appointed or employed under' 1922 PSA. This amendment of s-sec.89(3) is in accordance with the DTT para. (d) - B.
Veterans' Review Board
1.953 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Veterans' Review Board (in s.162 of that Act).
1.954 This amends s.172 of that Act which requires the staff of the Board to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Repatriation Commission
1.955 This amends s.184 of that Act which enables the Secretary of the Department of Veterans' Affairs to also be appointed as a Commissioner and President of the Repatriation Commission while retaining the office of Secretary. This amendment of s.184 is in accordance with the DTT para. (k).
1.956 As above - change in drafting style.
1.957 As above - consequential on next amendment.
1.958 As above - removes a reference to Part IV.
1.959 This removes a reference to 1922 PSA s.87E for a Commissioner or Acting Commissioner of the Repatriation Commission (in s.186 of that Act).
1.960 This amends s.193 of that Act dealing with appointments of a Commissioner to act concurrently as President of the Repatriation Commission and as Secretary of the Department of Veterans' Affairs. This amendment of s-sec.193(1) is in accordance with the DTT para. (k).
1.961 This amends s.196 of that Act which requires the staff to assist the Repatriation Commission to be persons `appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Repatriation Medical Authority
1.962 This amends s.196T of that Act which requires the staff to assist the Repatriation Medical Authority to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Specialist Medical Review Council
1.963 This amends s.196ZM of that Act which requires the staff to assist the Specialist Medical Review Council to be persons `appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
Delegation
1.964 This amends para.212(1)(a) of that Act which enables the responsible Minister to delegate the Minister's powers under that Act (other than the delegation power) to a Repatriation Commissioner or to an APS officer or employee. This amendment is in accordance with the DTT para. (d) - A.
1.965 This amends s-sec.213(1) of that Act which enables the Repatriation Commission to delegate its powers under that Act and other legislation (other than the delegation power) to a Repatriation Commissioner or to an APS officer or employee. This amendment is in accordance with the DTT para. (d) - A.
1.966 This amends s-sec.214(1) of that Act which enables the relevant Secretary to delegate to an APS officer or employee the Secretary's powers under that Act and its regulations (other than the delegation power). This amendment is in accordance with the DTT para. (d) - A.
War Graves Act 1980
1.967 This removes a reference to 1922 PSA s.87E for the Director of War Graves (in s.7 of that Act).
Wet Tropics of Queensland World Heritage Area Conservation Act 1994
1.968 This amends a `make available' provision in s.7 of that Act for the Wet Tropics Management Authority. This amendment is in accordance with the DTT para. (d) - B.
Wildlife Protection (Regulation of Exports and Imports) Act 1982
1.969 This amends s.18 of that Act dealing with the constitution of the Designated Authority for the purposes of that Act (s.19). This amendment is in accordance with the DTT para. (d) - B.
Williamstown Dockyard Employees Act 1987
1.970 This amends the definition of `relevant employee' in s.3 of that Act. This amendment is in accordance with the DTT para. (d) - A.
1.971 This amends the definition of `the Service' in s.3 of that Act. This amendment updates the reference in accordance with the principle in the DTT para. (k).
Wool Tax (Administration) Act 1964
1.972 This amends the definition of `officer' in s-sec.4(1) of that Act. This amendment is in accordance with the DTT para. (f) - B.
Back to Top Workplace Relations Act 1996 1.973 This amends the definition of `public sector employment' in s-sec.4(1) of the WRA. This amendment is in accordance with the DTT para. (k).
Australian Industrial Relations Commission
1.974 This removes a reference to 1922 PSA s.87E for a Commissioner of the AIRC (in s.26 of the WRA).
Australian Industrial Registry
1.975 This removes a reference to 1922 PSA s.87E for the Industrial Registrar (in s.72 of the WRA).
1.976 This changes the APS staffing provisions for the Australian Industrial Registry. Staff will be `persons appointed or employed under' 1922 PSA (under s.83 of that Act). The staffing powers will remain vested in the Industrial Registrar.
1.977 As above.
Employment Advocate
1.978 This amends s.83BD of the WRA which provides that the staff required to assist the Employment Advocate will be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.
1.979 This removes a reference to 1922 PSA s.87E for the Employment Advocate (in s.83BL of the WRA).
Inspectors
1.980 This amends para.84(2)(a) of the WRA which enables the responsible Minister to appoint APS members as inspectors. This amendment is in accordance with the DTT para. (d) - B.
1.981 This amends s-sec.84(3) of the WRA which enables arrangements to be made for State and Territory public servants to act as inspectors. This amendment of s-sec.84(3) of the WRA converts
* references to the arrangements under 1922 PSA s.78 with the State or Territories;
* to references to the corresponding arrangements under cl.71 of the PS Bill.
Minimum entitlement of employees
1.982 This amends the definition of `Commonwealth public sector employee' in s-sec.170CD(1) of the WRA where the definition includes a person in employment `(a) as an officer or employee of the APS'. This amendment is in accordance with the DTT para. (k).
Australian Workplace Agreements
1.983 This amends s.170WK of the WRA which enables a Secretary within the meaning of 1922 PSA to enter into AWAs. This amendment converts the terminology of the 1922 PSA to the terminology in the PS Bill, and is in accordance with DTT para. (c).
Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999
1.984 This amends a reference from an item number of Schedule 1 to the CTA Bill to the item of Schedule 1 to the CTA Bill dealing with section 170WK of the WRA.
Attachments
ATTACHMENT A
List of references to 1922 PSA s.87E
* Aboriginal and Torres Strait Islander Commission Act 1989 s.35 - an ATSIC Commissioner;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.49 - the ATSIC CEO;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.77C - ATSIC Director of Evaluation and Audit;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.124E - an Administrator of a Regional Council;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.127D - Chairperson of a Regional Council;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.143Z - TSRA Chairperson;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.144K - TSRA General Manager;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.144ZK - TSRA Administrator;
* Aboriginal and Torres Strait Islander Commission Act 1989 s.192D - Indigenous Land Corporation Chairperson;
* Administrative Appeals Tribunal Act 1975 s.12 - Full-Time Member of AAT;
* Administrative Appeals Tribunal Act 1975 s.24G - Registrar of AAT;
* Agricultural and Veterinary Chemicals (Administration) Act 1992 s.39 -
Back to Top CEO of the NRA;
* Air Services Act 1995 s.30 - a Full-Time Chairperson of the Board of Airservices Australia;
* Auditor-General Act 1997 s.4 - Auditor-General;
* Australia Council Act 1975 s.12 - Full-Time Chairperson of the Australia Council;
* Australia Council Act 1975 s.19C - General Manager of the Australia Council;
* Australian Broadcasting Corporation Act 1983 s.14A - Managing Director of the Australian Broadcasting Corporation;
* Australian Broadcasting Corporation Act 1983 s.14A - Chairperson;
* Australian Capital Territory (Planning and Land Management) Act 1988 s.38 - a Full-Time Member of the National Capital Authority;
* Australian Centre for International Agricultural Research Act 1982 s.26 - Director of the Centre;
* Australian Communications Authority Act 1997 s.35 - a Full-Time Member or a Full-Time Associate Member of the Authority;
* Australian Federal Police Act 1979 s.21 - Commissioner;
* Australian Film Commission Act 1975 s.18 - a Full-Time Member of the Commission;
* Australian Film, Television and Radio School Act 1973 s.17 - a Full-Time Member of the Council of the Australian Film, Television and Radio School;
* Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 s.45A - Holder of an Office;
* Australian Institute of Health and Welfare Act 1987 s.11 - a Full-Time Member of the Institute;
* Australian Institute of Marine Science Act 1972 s.25 - the Director of the Institute;
* Australian Law Reform Commission Act 1996 s.19 - a Full-Time Member;
* Australian Maritime Safety Authority Act 1990 s.51A - Chief Executive of AMSA;
* Australian Maritime Safety Authority Act 1990 s.17 - Chairperson of AMSA;
* Australian National Maritime Museum Act 1990 s.34 - the Director;
* Australian National Training Authority Act 1992 s.30 - a Full-Time Member of the ANTA;
* Australian National Training Authority Act 1992 s.43 - Chief Executive Officer;
* Australian Nuclear Science and Technology Organisation Act 1987 s.21A - the Executive Director of ANSTO;
* Australian Nuclear Science and Technology Organisation Act 1987 s.37J - the Director of the Nuclear Safety Bureau;
* Australian Radiation Protection and Nuclear Safety Act 1998 s.38 - Chief Executive Officer, Australian Radiation Protection and Nuclear Safety Authority;
* Australian Securities and Investment Commission Act 1989 s.113 - a Full-Time Member of the Australian Securities and Investment Commission;
* Australian Securities and Investment Commission Act 1989 s.180 - a Full-Time Member of the Corporations and Securities Panel;
* Australian Security Intelligence Organisation Act 1979 s.11 - Director-General of Security;
* Australian Sports Commission Act 1989 s.14 - a Full-Time Member of the Australian Sports Commission;
* Australian Sports Commission Act 1989 s.35 - Executive Director of the Australian Sports Commission;
* Australian Sports Drug Agency Act 1987 s.33 - Chairperson
* Australian Tourist Commission Act 1987 s.18 - a Full-Time Chairperson of the Australian Tourist Commission;
* Australian Tourist Commission Act 1987 s.36 - Managing Director of the Australian Tourist Commission;
* Australian Trade Commission Act 1985 s.57 - the Managing Director and the Deputy Managing Director of the Australian Trade Commission;
* Australian War Memorial Act 1980 s.23 - Director;
* Civil Aviation Act 1988 s.37 - the Chairperson of the Board of the Civil Aviation Safety Authority;
* Classification (Publications, Films and Computer Games) Act 1995 s.61 - Member of the Classification Board;
* Commonwealth Electoral Act 1918 s.23 - Electoral Officer;
* Commonwealth Grants Commission Act 1973 s.10 - a Full-Time Member of the Commonwealth Grants Commission;
* Construction Industry Reform and Development Act 1992 s.38 - CEO of the Construction Industry Development Agency;
* Council for Aboriginal Reconciliation Act 1991 s.20 - a Full-Time Chairperson;
* Criminology Research Act 1971 s.19 - Director;
* Customs Administration Act 1985 s.9 - CEO of Customs;
* Defence Housing Authority Act 1987 s.51 - Managing Director;
* Development Allowance Authority Act 1992 s.103 - a Full-Time DAA;
* Director of Public Prosecutions Act 1983 s.20 - the Director of Public
Back to Top Prosecutions and the Associate Director of Public Prosecutions;
* Disability Discrimination Act 1992 s.116 - the Disability Discrimination Commissioner;
* Employment, Education and Training Act 1988 s.17 - Full-Time Member of the Board;
* Employment, Education and Training Act 1988 s.35C - a Full-Time Chairperson of a Council;
* Employment Services Act 1994 s.83 - a Full-Time Member of the ESRA Board;
* Employment Services Act 1994 s.98 - ESRA Chief Executive Officer;
* Family Law Act 1975 s.26JA - Full-Time Judicial Registrar;
* Family Law Act 1975 s.38G - CEO of the Family Court;
* Family Law Act 1975 s.114G - Director of the Australian Institute of Family Studies;
* Federal Airports Corporation Act 1986 s.17 - a Full-Time Chairperson of the Board of the Federal Airports Corporation;
* Federal Court of Australia Act 1976 s.18AI - Judicial Registrar;
* Federal Court of Australia Act 1976 s.18G - the Registrar;
* Federal Court of Australia Act 1976 s.37F - a Full-Time Assessor;
* Financial Transaction Reports Act 1988 s.36B - Director of AUSTRAC;
* Great Barrier Reef Marine Park Act 1975 s.13 - Chairperson;
* Health Insurance Act 1973 s.106ZB - Director;
* Health Insurance Commission Act 1973 s.23 - the Managing Director;
* High Court of Australia Act 1979 s.22 - the Chief Executive and Principal Registrar of the High Court;
* Human Rights and Equal Opportunity Commission Act 1986 s.39 - a Full-Time Member of HREOC;
* Human Rights and Equal Opportunity Commission Act 1986 s.46F - the Human Rights Commissioner;
* Industrial Chemicals (Notification and Assessment) Act 1989 s.94 - Director;
* Inspector-General of Intelligence and Security Act 1986 s.28 - Inspector-General;
* International Air Services Commission Act 1992 s.44 - Member;
* Merit Protection (Australian Government Employees) Act 1984 s.66 - Merit Protection Commissioner;
* National Crime Authority Act 1984 s.40 - Member of the NCA;
* National Environment Protection Council Act 1994 s.43 - NEPC Executive Officer;
* National Gallery Act 1975 s.28 - Director of the National Gallery of Australia;
* National Health Act 1953 s.82PEA - a Full-Time Commissioner of the Private Health Insurance Administration Council;
* National Health Act 1953 s.82PN - Chief Executive Officer of the Private Health Insurance Administration Council;
* National Health Act 1953 s.82ZUD - Health Insurance Ombudsman;
* National Health and Medical Research Council Act 1992 s.26 - a Full-Time Chairperson of the NHMRC;
* National Library Act 1960 s.17B - a Full-Time Member of the Council of the National Library of Australia;
* National Museum of Australia Act 1980 s.26 - Director;
* National Occupational Health and Safety Commission Act 1985 s.32 - Director of the National Institute of Occupational Health and Safety;
* National Occupational Health and Safety Commission Act 1985 s.12 - CEO of the National Occupational Health and Safety Commission;
* National Parks and Wildlife Conservation Act 1975 s.26 - Director;
* National Road Transport Commission Act 1991 s.29 - the Chief Executive Officer of the National Road Transport Commission;
* Native Title Act 1993 s.102 - the Registrar of the NNTA;
* Native Title Act 1993 s.117 - a Full-Time Member of the NNTA;
* Nuclear Non-Proliferation (Safeguards) Act 1987 s.46 - Director of Safeguards;
* Office of National Assessments Act 1977 s.13 - Director-General;
* Ombudsman Act 1976 s.25 - Ombudsman;
* Parliamentary Counsel Act 1970 s.7 - First Parliamentary Counsel and Second Parliamentary Counsel;
* Privacy Act 1988 s.22 - Privacy Commissioner;
* Public Service Act 1922 s.13 - Public Service Commissioner;
* Productivity Commission Act 1998 s.29 - Full-Time Member;
* Racial Discrimination Act 1975 s.32 - Race Discrimination Commissioner;
* Radiocommunications Act 1992 s.248 - Spectrum Manager;
* Resource Assessment Commission Act 1989 s.49 - Full-time Commissioner;
* Safety Rehabilitation and Compensation Act 1988 s.81 - CEO of Comcare;
* Science and Industry Research Act 1949 s.10C - Chief Executive of the CSIRO;
* Sex Discrimination Act 1984 s.99 - Sex Discrimination Commissioner;
* Snowy Mountains Hydro-Electric Power Act 1949 s.11 - Full-Time
Back to Top Commissioner and Full-Time Associate Commissioner;
* Social Security Act 1991 s.1331 - Member of Social Security Appeals Tribunal;
* Special Broadcasting Service Act 1991 s.34 - Managing Director;
* Superannuation Act 1976 s.21 - Commissioner for Superannuation;
* Superannuation (Resolution of Complaints) Act 1993 s.51 - the Chairperson of the Superannuation Complaints Tribunal;
* Taxation Administration Act 1953 s.6 - Commissioner of Taxation and Second Commissioners of Taxation;
* Trade Practices Act 1974 s.12 - a Member of the Australian Competition and Consumer Commission
* Trade Practices Act 1974 s.29G - Full-Time Councillor of the National Competition Council;
* Veterans' Entitlements Act 1986 s.162 - a Full-Time Member of the Veterans' Review Board;
* Veterans' Entitlements Act 1986 s.186 - a Commissioner or Acting Commissioner of the Repatriation Commission;
* War Graves Act 1980 s.7 - Director of War Graves;
* Workplace Relations Act 1996 s.26 - Commissioner of the AIRC
* Workplace Relations Act 1996 s.72 - Industrial Registrar
* Workplace Relations Act 1996 s.83BL - Employment Advocate;
ATTACHMENT B
Default translation table
The following current provisions have been given the following default translations
(a) Current provision: s.87E of the Public Service Act 1922;
Default translation: Omit (see comments in Ex Memo on cl.3, above);
(b) Current provision:
Department within the meaning of 1922 PSA;
Branch of the APS within the control of [the person with the relevant 1922 PSA Secretary powers];
Default translation: Agency within the meaning of PS Bill (Parliamentary Departments are added in by CTA Bill cl.12);
(c) Current provision:
Secretary within the meaning of 1922 PSA;
Secretary of a Department of the APS;
Secretary of a Commonwealth Department;
Default translation: Agency Head within the meaning of PS Bill (Heads of Parliamentary Departments are added in by CTA Bill cl.12);
(d) Current provision:
Officer or employee appointed or employed under 1922 PSA;
Officer or employee of the APS;
Person appointed or employed under 1922 PSA;
Person employed under 1922 PSA;
Member of the APS;
Officers and employees of Departments of the APS;
Officer of or person employed in the APS;
Person employed in the APS (where context indicates it covers both employees and officers under 1922 PSA);
Default translation:
A - person appointed or engaged under PS Bill (i.e., includes both an APS employee and an Agency Head - 1922 PSA Secretary is a 1922 PSA `officer')
B - person engaged under PS Bill (i.e., an APS employee but not an Agency Head);
(e) Current provision: officer or employee of a Department
Default translation:
A - person appointed or engaged under PS Bill or
B - do not amend - depending on whether this refers to 1922 PSA `Department' (see s.7) or to a Department of State;
(f) Current provision:
Officer appointed under 1922 PSA;
Person appointed under 1922 PSA;
Officer of the APS;
Person holding an office or appointment under 1922 PSA;
Officer within the meaning of 1922 PSA holding or performing the duties of an office;
Officer of the Public Service of the Commonwealth;
(appointed to) an office or as an unattached officer;
Default translation:
A - APS employee or
B - person appointed or engaged under PS Bill or
C - person engaged under PS Bill or
D - (engagement as) an APS employee;
(g) Current provision:
Employee employed under 1922 PSA;
Employee under 1922 PSA;
Employee of APS
Default translation: Person engaged under PS Bill;
Back to Top (h) Current provision:
A Department;
A Department of the Commonwealth;
A Department of the APS;
Default translation:
A - PS Bill Agency - (where context indicates that not restricted to a Department of State or a Parliamentary Departments) or
B - Do not amend where this refers to a Department of State;
(i) Current provision: APS (in contexts not covered above)
No default translation;
(j) Current provision: the public service
No default translation;
(k) Current provision: 1922 PSA - ongoing
Default translation: PS Bill (i.e. Public Service Act 1999);
(l) Current provision: 1922 PSA - historical
Default translation:
A - retain or
B - omit provision (where needed to get different result from retaining);
(m) Current provision: 1922 PSA - changed policy
Default translation:
A - omit provision or
B - replace to reflect new policy;
(n) Current provision: Senior Executive Service Officer and variants
Default translation:
A - an SES employee within the meaning of PS Bill or
B - an SES employee or acting SES employee;
(o) Current provision: office in the Australian Public Service
Default translation:
A - position in the APS or
B - office or position in the APS (this would cover an office of Agency Head).
The following provisions in existing legislation remain unchanged unless required by the specific context
(i) `appointed, appointment' (general references not mentioning 1922 PSA etc.) - these words are wide enough to include `engaged' under PS Bill;
(ii) `Department of State';
(iii) officers or employees (in contexts that cover both APS and non-APS) - this form is common in `make available' provisions;
(iv) `the Minister';
(v) `officer' (general reference) - covered by CTA Bill cl.13;
(vi) `Officer of the Commonwealth' - covered by CTA Bill cl.13;
(vii) `officer/employee' of specified Department - covered by CTA Bill cl.13;
(viii) `Presiding Officer';
(ix) `Parliamentary Department';
(x) `Secretary to' a Department - covered by CTA Bill cl.12 - changed `to' to `of' only if within text otherwise being replaced;
(xi) `Secretary' to a Department of State - as above;
(xii) `the Department' (general reference) - covered by CTA Bill cl.13; the reference is expanded by AIA 19A(3);
(xiii) person `occupying, holding' etc. an office in a particular Department (e.g. the Department) - covered by CTA Bill cl.13;
(xiv) an `office' in a particular Department - covered by CTA Bill cl.13;
(xv) an `office' (general reference) - covered by CTA Bill cl.13.
ATTACHMENT C
Abbreviations[1]
1922 PSA Public Service Act 1922
1922 PS Regs Public Service Regulations in force under the 1922 PSA
1994 McLeod Report Report of the Public Service Act Review Group (chaired by Mr RN McLeod - December 1994)
AAO Administrative Arrangements Order
ADMF Paper Paper: `Accountability in a Devolved Management Framework' issued by the PSMPC and the then DIR (May 1997)
AIA Acts Interpretation Act 1901
AIRC Australian Industrial Relations Commission
APS Australian Public Service
AWA Australian Workplace Agreements provided for in WRA
CEO Chief Executive Officer
CE(RR)A Commonwealth Employees (Redeployment and Retirement) Act 1979
CSS Commonwealth Superannuation Scheme
CTA Bill Public Employment (Consequential and Transitional) Amendment Bill 1999
CTA Regs Consequential and Transitional Regulations made under CTA Bill
DFAT Department of Foreign Affairs and Trade
DoFA Department of Finance and Administration
DEWRSB Department of Employment, Workplace Relations and Small Business (formerly Department of Industrial Relations (`DIR'))
Ex Memo The Explanatory Memorandum circulated with the Public Employment (Consequential and Transitional) Amendment Bill 1999
FMA Act Financial Management and Accountability Act 1997
LSL Long Service Leave
LSLA Long Service Leave (Commonwealth Employees) Act 1976
MP(AGE)A Merit Protection (Australian Government Employees) Act 1984 (defined in CTA Bill cl.4 as `Merit Protection Act')
MPRA Merit Protection and Review Agency
relevant Department In relation to a particular provision in a particular Act - Department of State that, under the Administrative Arrangements Order (AAO), is administered by the Minister of State responsible for the particular provision being described in the Ex Memo
relevant Secretary In relation to a particular provision in a particular Act - Secretary of the Department of State that, under the AAO, is administered by the Minister responsible for the particular provision being described in the Ex Memo
responsible Minister In relation to a particular provision in a particular Act - Minister who, under the AAO, administers the particular provision being described in that part of the Ex Memo
PS Bill Public Service Bill 1999
SES Senior Executive Service
SOG Senior Officer Grade
TBPAPS Paper Paper: `Towards a Best Practice APS' issued by The Hon Peter Reith, MP (November 1996)
WRA Workplace Relations Act 1996
FOOTNOTES:
[1] Note: any abbreviations used only in relation to a particular Act in the Schedule to this Ex Memo are explained in the material dealing with that Act.