Federal Register of Legislation - Australian Government

Primary content

SR 1998 No. 23 Regulations as made
These Regulations amend the Public Service Regulations.
Tabling HistoryDate
Tabled HR04-Mar-1998
Tabled Senate04-Mar-1998
Gazetted 25 Feb 1998
Date of repeal 05 Dec 1999
Repealed by Repeal of the enabling legislation by Public Employment (Consequential and Transitional) Amendment Act 1999

Public Service Regulations (Amendment - Interim Reforms) 1998 No. 23

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 23

Issued by the authority of the Prime Minister

Public Service Act 1922

Public Service Regulations (Amendment - Interim Reforms)

Subsection 97(1) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 22B(13) of the Act provides that the equal employment opportunity (EEO) programs provisions of that section may be applied to and in relation to a Commonwealth authority, Paragraph 22B(14)(c) provides further that those provisions, with such modifications as may be prescribed, may apply in relation to persons who are employed under section 42 of the Naval Defence Act 1910.

Subsection 23(3) of the Act provides that the Joint Council established under that section shall have such functions in relation to the Service as are prescribed.

Subsection 33(3) of the Act provides that powers under the Act in respect of appointments, transfers and promotions shall, subject to subsection 33(4) of the Act be exercised without:

(a)       discrimination on any one of 12 specified grounds; or

(b)       discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex

       Discrimination Act 1984; or

(c)       any other unjustified discrimination.

Paragraph 33(4)(a) of the Act provides that discrimination that is essential for the effective performance of the duties to which an appointment, transfer or promotion relates and that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 may be declared by the Public Service Regulations (the Regulations) not to be discrimination for the purposes of discrimination proscribed by subsection 33(3) of the Act.

Paragraph 33(4)(b) of the Act provides that discrimination in relation to appointment, transfer or promotion that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 and is in accordance with a program to encourage the appointment of women or persons in a designated group to the Service, being a program that is declared by the Regulations to be an approved program for the purposes Of that paragraph, shall be read as not including reference to discrimination m relation to appointment, transfer or promotion which is proscribed by subsection 33(3) of the Act.

Subsection 33AA(1) of the Act provides that the relevant Secretary shall give notice in writing to the Commissioner of a vacancy or expected vacancy in a Senior Executive Service (SES) office where the vacancy exists or is expected to occur within the period prescribed by the Regulations for the purposes of that subsection. Subsection 33AA(2) provides further that the relevant Secretary shall take certain action for the notification of a vacancy in an SES office, where the Secretary proposes that the vacancy be filled within the period prescribed by the regulations.

Subsection 50(1) of the Act provides that the Secretary of a Department shall not, except in prescribed circumstances, W, by promotion, a vacant office in the Secretary's Department (other than an office of Secretary or an SES office) unless the Secretary has caused notification of the vacancy to be given in the Gazette.

Subsection 51A(1) of the Act provides that the Regulations may make provision for or in relation to the temporary performance of the whole or a part of the duties of an office in a department (other than an office of Secretary), including provision for or in relation to:

(a) the selection of an officer to perform those duties; and

(b) appeals by officers in relation to such a selection of an officer.

Division 6 of Part Ill of the Act contains the disciplinary provisions relevant to officers and employees of the Australian Public Service (APS). Section 55 in Division 6 of the Act includes a definition of "misconduct", on the basis of which disciplinary action may be instituted against an officer, as a result of the failure of that officer to fulfil his duty as an officer. Section 56 of the Act specifies eight different circumstances in which failure shall be taken to have occurred including, in paragraph 56(1)(f), contravention of, or failure to comply with, a provision of the Act or the Regulations. By reason of the operation of section 63T of the Act, the above provisions apply also to certain employees.

Part IV of the Act deals with the rights of officers of the APS who become employed by the Commonwealth outside the provisions of the Act in certain public offices or by certain. public authorities. Those rights include provisions relating to the rights of those officers to return to the APS.

Subsection 87(1) of the Act includes a definition of "Commonwealth authority for the purposes of Part IV of the Act. Paragraph (a) of that definition provides that a body may be declared by the Regulations not to be a Commonwealth authority for the purposes of Part IV. Paragraph (b) of that definition provides for its application to a body corporate incorporated under

Back to Top

a law of the Commonwealth or of a State or Territory, being a body corporate in which the Commonwealth has a controlling interest and which is declared by the Regulations to be a Commonwealth authority for the purposes of Part IV.

Subsection 87(1) of the Act also includes a definition of "Commonwealth office" for the purposes of Part IV of the Act Paragraph (b) of that definition provides for its application to any office or appointment the holder of which is appointed by the Governor-General, or by a Minister, being an office or appointment declared by the Regulations to be a Commonwealth office, or included in a class of offices or appointments declared by the Regulations to be a class of Commonwealth offices, for the purposes of Part IV. Paragraph (n) of that definition provides that an office or appointment, or a class of offices or appointments, may be declared by the Regulations not to be Commonwealth offices for the purposes of Part IV.

Subsection 87(1) of the Act also includes a definition of "public authority" for the purposes of Part IV of the Act. Paragraphs (b) and (d) of that definition provide for its application to a body corporate, other than a Commonwealth authority, in which the Commonwealth or a Commonwealth authority has a direct or indirect pecuniary interest, being a body corporate prescribed by the Regulations for the purposes of paragraph (b), and for its application to any other body corporate prescribed, or included in a class of bodies corporate prescribed by the Regulations for the purposes of paragraph (d).

Subsection 87(1) includes a definition of "public office" for the purposes of Part IV of the Act. Paragraphs (b) and (c) of that definition provide for its application to an office or appointment the holder of which is appointed by:

(a)       the Governor of a State or by a Minister of a State; or

(b)       by the Australian Capital Territory Executive or by the Chief Minister or a Minister

       for the Australian Capital Territory; or

(c)       by the Administrator of the Northern Territory or by an Executive Member of the

       Legislative Assembly for the Northern Territory,

being an office or appointment prescribed, or included in a class of offices or appointments prescribed by the Regulations for the purposes of paragraph (b), or any other office or appointment prescribed, or included in a class of other offices or appointments prescribed, by the Regulations for the purposes of paragraph (c).

Subsection 87(2) of the Act defines certain types of employment as coming within the meaning of "employment by a Commonwealth authority". Paragraph (m) of that definition provides for its application to employment as the holder of an office or appointment (not being an office or appointment referred to in a preceding paragraph of subsection 87(2) and not being a public office) in the service of the Commonwealth, being an office or appointment prescribed for the purpose of that paragraph.

The Regulations include provision for a wide range of matters including, in particular, regulations dealing with:

*       attendance and duties of officers (Part II, Division 1);

*       discrimination in employment for the purposes of subsection 33(3) of the Act and approved programs for the purposes of paragraph 33(4)(b) of the Act (Division IIIA);

*       the establishment and operation of the Joint Council, established under s.23 of the Act (included in Division IV - Miscellaneous);

*       allowances (Part IV);

*       transfer, promotion and temporary performance for the purposes of sections 50 and 5 1 of the Act (Part V); and -

*       officers holding public offices or employed by public authorities for the purposes of Part IV of the Act (Part XI).

Purpose and Scope of Proposed Regulations

The purpose of the Regulations is to improve the efficiency, effectiveness and ethics of the Australian Public Service practice through:

*       insertion into the Public Service Regulations of a set of APS Values (regulation 5);

*       insertion of a new Code of Conduct, a breach of which will be grounds for misconduct proceedings (regulations 7 and 8);

*       provision of a scheme for protecting "whistleblowers" from victimisation and discrimination (regulations 9, 10 and 11);

*       provision for the Public Service Commissioner to report annually to the Prime Minister on the State of the Service (regulation 12);

*       providing departments and agencies with greater scope to appoint Aboriginal and Torres Strait Islanders to their staff (substituted sub-regulation 71B(1));

*       extending the period during winch applications for both SES and non-SES vacancies may be considered to be 'active' (substituted regulation 105);

*       extending the period during which certain vacancies

Back to Top

which re-occur may be filled without the need for re-notification of the vacancies concerned (substituted paragraphs 112(b) and (c); and

*       lengthening the period of non-appellable temporary performance of duties by an officer (amended paragraph 116B(2)(a)).

The Regulations also exclude the majority of future appointees to Commonwealth offices and bodies from those rights previously conferred by the mobility provisions of Part IV of the Act (items 50, 51, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63 and 64 of the Schedule to the Regulations).

The opportunity has been taken also in the Regulations to remove regulations that are now obsolete, for example, because they relate to terms and conditions of employment which are now covered by awards or determinations or which are no longer used (items 1.2, 1.3, 2, 5, 11, 13, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 and 49 of the Schedule to the Regulations).

The Regulations do not apply to officers and employees of the Parliamentary Departments (regulation 5 of these Regulations).

The details of the changes are set out in the Attachment.

The Regulations are to commence on 15 March 1998.

ATTACHMENT

Regulation 1 of the Regulations provides that the Regulations will commence on 15 March 1998.

Regulation 2 of the Regulations provides that the Public Service Regulations are amended as set out in these Regulations.

Regulation 3 of the Regulations inserts a new Part 1A in the Regulations, dealing with the APS Values and APS Code of Conduct, public interest whistleblowing, the annual State of the Service Report by the Public Service Commissioner and the powers of Agency Heads under Part 1A.

Division 1 of new Part lA inserts regulation 4, comprising interpretation provisions for the purposes of that Part.

Regulation 4 in Division 1 provides definitions of "Agency", "Agency Head", "APS", "APS employee", "APS employment", "APS Values", "Australian law", "Code of Conduct" and "Department", relating to the use of each of these terms in Part 1A.

Division 2 of new Part 1A inserts regulations 5, 6, 7 and 8 relating to the APS Values and the APS Code of Conduct.

Regulation 5 provides for a clear declaration of APS Values, within which Agency Heads will be expected to manage their respective Agencies. The values are designed to:

*       provide a new philosophical underpinning for the APS;

*       reflect public expectations of the relationship between public servants and the Government, the Parliament and the Australian community;

*       articulate the culture and operating ethos of the APS; and

*       support and inform such guidance may be issued by the Public Service Commissioner in relation to matters addressed in the values.

Brief details of each value are. set out below.

(a)       Apolitical

The APS will be apolitical and will perform its functions in an impartial and professional manner.

(b)       Merit .

The APS will continue to be a public service in which employment decisions are based on merit This underlines the fact that provisions reflecting merit principles have appeared in Commonwealth public service legislation since Federation, and continue to provide for open competitive entry to the Service and promotion on merit.

(c)       No discrimination

The APS will provide a workplace that is free from discrimination and that recognises the diverse backgrounds of APS employees. In its application, it is intended that the concept of discrimination should be that which is referred to in the principal object of the Workplace Relations Act 106 where it is stated that:

'3. The principal object of the Act is to provide a framework for cooperative workplace relations which promotes the economic prosperity and welfare of the people of Australia by...

(j) respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin...'

The Public Service Commissioner has issued Guidelines on Workplace Diversity. These Guidelines will maintain the basic principles of the equal employment opportunity provisions of section 22B of the Act. Each Agency Head will be required to have a Workplace Diversity Program for the Agency to assist in giving effect to this value.

(d)       Highest ethical standards

The APS will have the highest ethical standards. The new Code of Conduct (see regulation 7) will ensure that APS employees are clear about the ethical

Back to Top

standards they are expected to meet.

(e)       Accountability

The APS will be accountable for its actions, within the framework of Ministerial responsibility, to the Government, the Parliament and the Australian public.

(f)       Responsiveness

The APS will be responsive to the Government m providing frank, honest, comprehensive, accurate and timely advice and in implementing the Government's policies and programs. This value of responsiveness recognises one of the philosophical underpinnings of the APS. It will be set within the context of the statutory framework created by the Parliament in relation to any particular agency.

(g)       Service delivery

The APS will deliver services fairly, effectively, impartially and courteously to the Australian public.

(h)       High quality leadership

The APS will have leadership of the highest quality. It is recognised that the leadership potential of the SES needs to be further developed. This responsibility will rest with Agency Heads as well as with the Public Service Commissioner.

(i)       Cooperative workplace relations

The APS will establish cooperative workplace relations based on consultation and communication.

G)       A good workplace

The APS will provide a fair, flexible, safe and rewarding workplace. Related to this value is the obligation on each Agency Head to implement a Workplace Diversity Program (see para (c) above) to promote fairness in employment and a family friendly environment.

(k)       Results focus

The APS will focus on achieving results and managing performance, with Agency Heads being expected to develop a strategic and integrated approach to managing performance.

Regulation 6 provides that an Agency Head must uphold and promote the APS Values. The Public Service Commissioner will require Agency Heads to report on the extent to which the values are being upheld within their respective Agencies.

Regulation 7 provides for a specific Code of Conduct for APS officers and employees. The Code is legally enforceable, which will strengthen its role as a public statement of the standards of behaviour and conduct that are expected of those who work in core public employment A breach of the Code of Conduct will provide possible grounds for initiating disciplinary action, on the basis of misconduct in the terms of sections 55 and 56 of the Act. In particular, a breach of proposed regulation 7 will constitute contravention of, or failure to comply with "a provision... of the regulations..." under para 56 (f) of the Act Details of the Code of Conduct, much of which is based on current regulations 8, 8A, 8B, 13, 29, 35, 36, 37, 38 and 39, are set out below.

(1)       Honesty - an APS employee will be required to behave honestly and with

integrity in the course of employment

(2)       Care and diligence - an APS employee will be required to act with care and

diligence in the course of employment.

(3)       Respect and courtesy - an APS employee will be required when acting in the,

course       of employment, to treat everyone with respect and courtesy, and without

harassment.

(4)       Compliance with the law - an APS employee will be required, when acting in

the course of employment to comply with all applicable Commonwealth, State or

Territory laws (including subordinate legislation).

(5)        Compliance with directions - an APS employee will be required to comply with any 'lawful and reasonable' direction given by someone in the same Agency having authority to give the direction.

(6)       Confidentiality - an APS employee will be required to maintain 'appropriate

confidentiality' about dealings that the employee has with any Minister or member of

a Minister's staff. This requirement will complement:

*       the confidentiality requirements in the Information Privacy Principles under the Privacy Act 1988 in relation to personal information; and

*       the restrictions in the Crimes Act 1914 (s.70) on the unauthorised disclosure of information by Commonwealth officers.

(7)       Avoidance of conflict of interest - an APS employee will be required to disclose,

and take reasonable steps to avoid, any conflict of interest (real or apparent) in

connection with employment as an employee.


Back to Top

(8)       Use of Commonwealth resources - an APS employee will be required to use

Commonwealth resources in a proper manner.

(9)        No false or misleading information - an APS employee will be prohibited from providing false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.

(10)        No improper advantage -an APS employee will be prohibited from making improper use of inside information, or the employee's duties, status power or authority, in order to gain or seek to gain a benefit or advantage for him/her self or any other person.

(11)       Upholding the integrity of the APS- an APS employee will be required to behave at all times in a way that upholds the APS Values and the integrity and good reputation of the APS.

(12)       Upholding Australia's reputation overseas -an APS employee will be required when overseas on duty to uphold the good reputation of Australia. There is no equivalent requirement in the current regulations. This requirement is intended to apply to situations where an APS employee is involved in conduct overseas which, by virtue of the person's status as an APS employee, the nature of the conduct and the degree in which the APS employee is, or may be seen as, representing Australia overseas, the good reputation of Australia may be damaged or threatened. It is consistent with the statement by the Minister for Foreign Affairs (15 May 1997) that

'Maintaining and strengthening Australia's reputation abroad is the duty and privilege of all who can be regarded as Australian representatives, not just those assigned to serve in our diplomatic missions.'

(13) Unauthorised disclosure of in .formation - an APS employee will be prohibited, except in the course of his or her duties as an APS employee or with the Agency Head's express authority, from giving or disclosing, directly or indirectly, any information about public business or anything of which the employee has official knowledge. This mirrors the operation of regulation 3 5 of the current regulations, prohibiting the unauthorised disclosure of official information, and will support the operation of s.70 of the Crimes Act 1914.

Regulation 8 provides that Agency Heads are bound by the proposed Code of Conduct. No equivalent legislative obligation exists currently in this form.

Division 3 of new Part 1A inserts new regulations 9, 10 and 11 dealing with public interest whistleblowing.

Regulation 9 requires that a person performing functions in or for an Agency must not victimise, or discriminate against, an APS employee because that employee has reported breaches (or alleged breaches) of the Code of Conduct in accordance with procedures established under proposed regulation 10.

Regulation 10 provides that an Agency Head must establish procedures for dealing with reports referred to in regulation 9. The Public Service Commissioner will monitor the procedures developed by agencies to ensure consistency and fairness and this will be reported on in the annual State of the Service report (new regulation 12 refers).

Regulation 11 requires that the procedures established by the Agency Head under that regulation must:

(a)       have due regard to procedural fairness and comply with the Privacy Act 1988;

(b)       provide that Agency employees may report breaches (or alleged breaches) of the Code of Conduct to the Agency Head, or a person authorised by the Agency Head;

(c)       provide that, if the Commissioner agrees that a report relates to an issue that would be inappropriate to report to the Agency Head, the employee may make the report to the Commissioner, or a person authorised by the Commissioner;

(d)       ensure that all reports made by Agency employees of breaches (or alleged breaches) of the Code of Conduct are investigated, unless the Agency Head or Commissioner considers that a particular report is frivolous or vexatious;

(e)       provide information about the protection available under proposed regulation 9 to persons making reports;

(f)       enable Agency employees who are not satisfied with the outcome of an investigation by the Agency to refer the issue to the Commissioner, or a person authorised by the Commissioner, and

(g)       ensure that the findings of an investigation are dealt with as soon as practicable.

Division 4 of new Part 1A inserts a new regulation 12 dealing with the annual State of the Service report by the Public Service Commissioner.

Regulation 12 provides that the Public Service Commissioner must, after the end of each financial year, give a report to the Minister, for presentation to the Parliament, on the state of the APS during the year. Sub-regulation (3) of the regulation provides that the report may form part of the Commissioner's annual report under section 15 of the Act Sub-regulation (4) requires that an Agency Head must give the Commissioner whatever information the Commissioner requires to prepare the State of the Service report.

A report under regulation 12 must include:

(a)       an evaluation of the extent to which Agencies

Back to Top

incorporate the APS Values; and

(b)       an evaluation of the adequacy of systems and procedures in Agencies for ensuring

       compliance with the Code of Conduct

There is currently no provision equivalent to Regulation 12 in the Act or the regulations. Historically, however, the Public Service Act 1902 required the then Public Service Commissioner to report on the condition and efficiency of the public service. The present Act imposed a similar obligation on the Public Service Board until the Board was abolished in 1987.

It is envisaged that the State of the Service Report will contain both factual information and an evaluation component. Where possible, the performance information required from Agencies for purposes of the Report will be information that Agencies themselves would find useful.

Division 5 of new Part 1A inserts a new regulation 13 dealing with the powers of Agency Heads under Part 1A.

Regulation 13 provides that an Agency Head has, on. behalf of the Commonwealth, all the rights, duties and powers of an employer in relation to application of the APS Values, the APS Code of Conduct and the public interest whistleblowing provisions to APS employees in his or her Agency. This means that at law an Agency has all the powers of an ordinary employer in respect of these matters.

Regulation 4 of these Regulations provides for the Public Service Regulations to be further amended as set out in the Schedule to these Regulations. These amendments are detailed below in Appendix 1.

Regulation 5 of these Regulations provides that the amendments made by these Regulations do not apply to officers and employees of the Parliamentary Departments and that the Public Service Regulations continue to apply to those officers and employees as if the amendments had not been made.

APPENDIX 1

The Schedule to the Regulations comprises 64 items, involving some amendments of significance to the Public Service Regulations and others of a minor technical or consequential nature, including omission of various provisions without replacement by other substantive provisions.

This Appendix is in two parts. Part 1 of the Appendix details the additional amendments of significance while Part 2 details the technical, consequential and other amendments.

Part 1 - Additional Amendments

The Schedule to the Regulations provides for amendments of substance in each of the following items, for the reasons shown against each item.

Item No.       Regulation Reason for Amendment

       or

       Schedule

1.1       3(1) Insert definition of Parliamentary Department" in

        relation to the continuing application of the regulations to

        those Departments.(regulation 5 of these Regulations

        refers).

26.1       71 Omits from the table in this regulation five designations no

        longer included in the APS.

27.1       71B(1) Paragraph 33(4)(b) of the Act permits the declaration by

        regulation of special programs to encourage the

        appointment to the APS of women and members of

        designated groups for equal employment opportunity

        purposes. Sub-regulation 71B(1) currently declares four

        specific entry level recruitment programs for indigenous

        Australians to be approved programs for the purposes of

        that provision.

        New sub-regulation 71B(1) does not prescribe specific recruitment programs but gives overall authority for any program whose purpose is to encourage the appointment to the APS of indigenous Australians. It therefore encompasses program covered by existing sub-regulation (1), but also give to Agencies the flexibility to establish, individually or collectively, other indigenous recruitment programs. It also facilitates recruitment by Agencies of indigenous Australians at various levels, consistent with the specific organisational and business goals of those Agencies.

        Sub-regulation 71B(1) programs are subject in all other respects to the merit principle. Staff recruited through these programs must compete on a full merit basis for subsequent promotion.

46.1       105 Section 33AA of the Act provides for prescription in the

        regulation of the period within which a Secretary is


Back to Top

        required to staff an SES vacancy. To permit increased

        flexibility in this area, regulation 105 is amended by

        extending the prescribed period from six months to twelve

        months.

47.1       112(b) and Regulation 112 prescribes various circumstances under

       (c) which a promotion may be made under s.50 of the Act. In

        Particular, Paragraph (b) of that regulation permits such

        action where a vacancy has been filled by way of an

        appellable promotion but the position becomes vacant

        again within six months of the original vacancy

        notification. Paragraph (c) of the regulation permits the

        same action where an advertised vacancy has been filled

        by way of an appellable promotion and another position

        with the same classification, duties and location becomes

        vacant within six months of the original notification.

        The amended regulation provides increased flexibility by

        extending the prescribed period in each of paragraphs (b)

        and (c) to twelve months. It also extends the operation of

        these provisions to positions, promotions to which are

        not currently appellable, namely, Senior Officer and

        equivalent classifications.

48.1       116B(2)(a) Regulation 116B requires that a direction to perform the

        duties of an office below a certain level (generally, the

        Senior Officer Grade C classification ) for more that a

        specified period must be notified in a manner likely to be

        seen by other interested officers who may have an

        entitlement under the regulations; to appeal against the

        direction. The non-appellable period previously specified

        in paragraph 116B(2)(a) was six months.

        The amendment to paragraph 11 6B(2)(a) extends the non-appellable period to twelve months. This amendment will increase management flexibility in staffing decisions.

Consistent with the Government's APS reform intentions, regulations, 50, 51, 52, 53, 54,55, 57, 58, 59, 60, 61, 62,63 and 64 of these Regulations omit from the Regulations certain rights previously conferred on persons leaving APS employment to work for non-APS Commonwealth agencies. In effect, those statutory offices and authorities are no longer covered by the mobility provisions contained in various regulations made for the purposes of Part IV of the Public Service Act 1922, as set out below.

Those officers who are currently employed as statutory office holders and officers employed in eligible public employment as defined by section 87(1) of the Act, will continue to have Part IV coverage.

50.1       169 Regulation 50 omits regulation 169 so that a body

        corporate formerly specified in Column 2 of Schedule 1 to

        the Regulations ceases to be a Commonwealth authority

        for the purposes of the mobility provisions of Part IV of

        the Act

51.1       169A Regulation 51 omits the word "corporate" in relation to

        each body specified in Column 2 of Schedule 10 for the

        purposes of the definition of "Commonwealth

Back to Top

authority"

        in subsection 87(1) of the Act

52.1       170 Regulation 52 omits regulation 170 so that an office or

        appointment formerly specified in Column 2 of Schedule 2

        to the regulations ceases to be a Commonwealth office for

        the purposes of the mobility provisions of Part IV of the

        Act.

53.1       171AA Regulation 53 omits regulation 171AA so that a body

        corporate formerly specified in Column 2 of Schedule 3A

        to the regulations, being a body corporate, other than a

        Commonwealth authority, in which the Commonwealth or

        a Commonwealth authority has a direct or indirect

        pecuniary interest, ceases to be prescribed for the

        purposes of the definition of "public authority' in

        subsection 87(1) of the Act.

54.1,       171A Regulation 54 omits regulation 171A so that the mobility

        provisions of Part IV of the Act cease to apply to any

        office or appointment prescribed to be a "public office" in

        accordance with paragraph (c) of the definition of that

        term in subsection 87(1).

55.1       172 Regulation 55 omits regulation 172 so that the mobility

        provisions of Part IV of the Act cease to apply to any

        office or appointment specified in Schedule 4 to the

        regulations, prescribed for the purposes of paragraph

        87(2)(m) of the Act.

56.1       178 Regulation 56 provides for insertion in the Public Service

        Regulations of a new Part 12, comprising regulation 178

        which is a transitional provision.

        Regulation 178 provides that paragraph 116B(2)(a), which

        is amended by item 48.1 above, but as was in force

        immediately before the amendment, will continue to apply

        to a direction to which regulation 116B applies which was

        given before the commencement of the amending

        regulation.

57.1       Schedule 1 Regulation 57 omits Schedule 1 to the Regulations,

        consequent on the omission of regulation 169 (item 50.1

        refers).

58.1       Schedule 1G Regulation 58 substitutes in Column 2 of Schedule 1G to

        the Regulations a new list of bodies corporate that are

        declared by regulation 169A not to be Commonwealth

        authorities for the purposes of the mobility provisions of

        Part IV of the Act.

59.1       Schedule 2 Regulation 59 omits Schedule 2 to the Regulations

        consequent on the omission of regulation 170 (item 52.1

        refers).

60.1       Schedule 3 Regulation 60 substitutes in Column 2 of Schedule 3 to the

        Regulations a new list of offices and appointments

Back to Top

that are

        declared by regulation 171 not to be Commonwealth

        offices for the purposes of Part IV of the Act, for the

        purposes of paragraph (n) of the definition of

        "Commonwealth office" in subsection 87(1) of the Act.

61.1       Schedule 3A Regulation 61 omits Schedule 3A to the Regulations

        consequent on the omission of sub-regulation 171AA(I)

        (item 53.1 refers).

62.1       Schedule 3B Regulation 62 omits Schedule 3B to the Regulations

        consequent on the omission of sub-regulation 171AA(2)

        (item 53.1 refers).

63.1       Schedule 3C Regulation 63 omits Schedule 3C to the Regulations

        consequent on the omission of regulation 171A (item 54.1

        refers).

64.1       Schedule 4 Regulation 64 omits Schedule 4 to the Regulations

        consequent on the omission of regulation 172 (item 55.1

        refers).

Part 2 - Technical and Consequential Amendments

The Schedule to these Regulations includes a substantial number of item providing for omission from the Regulations of various regulations and sub-regulations, not involving replacement by substantive provisions., Additionally, in one instance, the heading to a Division in the Regulations has been re-named, and three regulations have been re-numbered. Reasons for these changes are summarised briefly for each item

below:

Item No. Regulation Reason for omission or change

1.2       3(1) Definition of Regional Director no longer applicable since

        the abolition of the Public Service Board in 1987.

1.3       3(2) and (3) Sub-regulation (2), relating to the location of an office, is

        now considered to be obsolete.

        Sub-regulation (3) relating to location at which duties are deemed to be performed is now covered in the Australian Public Service General Employment Conditions Award

1995.

2.1       4 This provision relates to repeal of the regulations in force

        at time of commencement of the current regulations and is

        no longer relevant.

3.1       - Division 1 of the regulations is renamed 'Attendance and

        returns' to take account of other amendments now

        proposed by these Regulations.

4.1       7 Renumbered as regulation 14.

5.1       8 Replaced by provisions of Code of Conduct in regulation 7.

6.1       SA Replaced by provisions of Code of Conduct in regulation 7.

7.1       8B Replaced by provisions of Code of Conduct in regulation .7.

8.1       9 Renumbered as regulation 15.

9.1       10 Renumbered as regulation 16.

10.1       13 Replaced by provisions of Code of Conduct in regulation 7.

11.1       18 Provision obsolete since abolition of the Public Service

        Board in 1987.

12.1       29 Replaced by provisions of Code of Conduct iii regulation 7.

13.1       30 Terminology and process in this regulation now obsolete

14.1       35 Replaced by provisions of Code of Conduct in regulation 7.

15.1       36 Replaced by provisions of Code of Conduct in regulation 7.

16.1       37 Replaced by provisions of the Code of Conduct in

        regulation 7. -

        A Secretary's powers under subsection 25(2) of the Act

        would also allow for specification of the conditions under

        which a benefit may be accepted

17.1       38 Replaced by provisions of the Code of Conduct in

        regulation 7.

18.1       39 Replaced by provisions of the Code of Conduct in

        regulation 7.

19.1       41 These provisions, dealing with accounts and public

20.1       42 moneys, contracts and recovery of fines, are now obsolete,

21.1       44 following passage of the Financial Management Act 199 7.

22.1       Division 2 Matters relating to leave of absence because of illness will

       of Part II now be covered in a determination made by the Secretary,

        Department of Workplace Relations and Small Business

        (DWRSB) under s.82D of the Act.

23.1       Division 3 Matters relating to hours of duty and overtime will now

       of Part II be covered in a determination made by the Secretary,

        DWRSB under s.82D of the Act

24.1       70A Provision now obsolete in its reference to the

        Commonwealth Teaching Service.

25.1       70B Provision now obsolete in its reference to employment

        under the Naval Defence Act 1910.

28.1       72B Regulations made under sub-section 23(3) of the Act

29.1       72C relating to the composition and operation o f the Joint

30.1       72CA Council are now obsolete. The Council met last in

31.1       72D November 1993 and is no longer active.

32.1       72E

33.1       72F

34.1       72G

35.1       72H

36.1       72J

37.1       72K

38.1       72P

39.1       72Q

40.1       73 Matters relating to allowances based on salary will now be

        covered in a determination made by the Secretary,

        DWRSB under s.821) of the Act.

41.1       74 Exemption provision no longer used. Section 8A of the

        Act remains an available alternative provision.

42.1       74B Obsolete. Refers to a repealed Act

43.1       74C Provisions relating to operation of State laws in certain

        cases no longer in use.

44.1       74E Provisions obsolete. Definition of 'State Public Service' is

        not now included in s.81A of the Act

45.1       Part IV Provisions in Part IV relating to allowances are now either

        obsolete or will be included in a determination made by the

        Secret", DWRSB under s.821) of the Act.

49.1       138 Provision relating to sick leave entitlement for employees

        who are returned soldiers will now be included in a

        determination made by the Secretary, DWRSB under

        s.821) of the Act.