Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) (AMENDMENT) 1995 NO. 249

STATUTORY RULES 1995 No. 249

Issued by the Authority of the Prime Minister

Public Service Act 1922

Public Service Regulations (Amendment) (Amendment)

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.

Part V of the Public Service Regulations governs the transfer and promotion of officers and directions for officers to perform temporarily the duties of another office. Within Part V, regulation 116A provides that the Secretary of a department may direct an officer to perform temporarily the duties of

another office in that department. Regulation 116B requires that a direction to act in a position below a certain level (generally, the Senior Officer Grade C level) for more than three months must be notified in a manner that is likely to be noticed by other officers. Regulation 116C allows an officer who believes that he or she would perform the duties of an office more efficiently than an officer who has been selected to act in that office to appeal to the Merit Protection and Review Agency against the Secretary's direction that the other officer act in the position. An appeal can only be lodged against such a direction if the period of acting is more than three months ("the non-appellable period") and, generally, if the office is below the Senior Officer Grade C level.

On 9 August 1995, the Governor-General made Regulations (the amending Regulations) to extend the non-appellable period for acting arrangements from three to twelve months. The amending Regulations commenced on notification in the Gazette on 18 August 1995.

The Community and Public Sector Union (CPSU) notified the Australian Industrial Relations Commission (AIRC) of the existence of a dispute with the Government over the amending Regulations.

The AIRC held an initial hearing on 11 August and recommended that the Government and the CPSU discuss the amending Regulations with a view to reaching an agreement acceptable to both parties. The AIRC also recommended that the amending Regulations not commence until after the parties report back to the AIRC on 6 September.

The purpose of the proposed Regulations is to defer the commencement of the amending Regulations until 29 September 1995, by which time, it is anticipated, the dispute over the amending Regulations would be resolved.

Regulation 1 of the proposed Regulations provides that the amending Regulations are amended as set out in the following regulations.

Regulation 2 of the proposed Regulations would insert a new regulation 3A into the amending Regulations. Regulation 3A would provide that the amending Regulations do not apply to directions issued by Secretaries before 29 September 1995. Until that date, the rights of officers to appeal against directions that another officer act in a position for more than three months would be unaffected by the Regulations made by the Governor-General on 9 August.

Regulation 3 of the proposed Regulations would amend regulation 4 of the amending regulations. Regulation 4 of the amending Regulations is a transitional provision the effect of which is to save the appeal rights of officers who have a right of appeal against directions made before the amending regulations commence. Regulation 3 of the proposed Regulations would make it clear that the saving provision would operate from 29 September.

The proposed Regulations commenced on the date of gazettal.