Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1997 NO. 127

STATUTORY RULES 1997 No. 127

Issued by the authority of the Prime Minister

Public Service Act 1922

Public Service Regulations (Amendment)

Paragraph 97(1)(aa) of the Public Service 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

Subsection 50(1) of the Act provides that, except in prescribed circumstances, a departmental Secretary shall not fill. a vacant office (below the Senior Executive Service level) by promotion unless the vacancy has been notified in the Gazette.

Section 53A of the Act provides a mechanism for automatic advancement to a higher classification of an officer in a training classification following satisfactory completion of the relevant training course.

Regulation 112 of the Public Service Regulations prescribes various circumstances for the purposes of subsection 50(1) of the Act.

The regulations permit the promotion without advertising of certain officers to offices having the classification of Administrative Service Officer Class 4, 5 or 6 or Research Officer Grade 2 or Senior Research Officer Grade 1 or 2.

In the past regulation 112 has been used to permit the promotion of Graduate Administrative Assistants (GAAs) and Cadets to higher offices without the need to advertise. In late 1996, following the introduction of Competency Based Training for GAAs and Cadets the provisions of regulation 112 which provided the scope for a Secretary to promote officers in these classifications without advertising were repealed. More limited arrangements were made under section 53A of the Act to advance GAAs and Cadets to higher classifications of Administrative Service Officer Class 3 (ASO3) or Research Officer Grade 1 (RO1) after successful completion of the required training.

Following a review of the processes finalised in early 1997, agencies requested greater flexibility to enable them to promote the former GAAs and Cadets who have advanced to ASO3s and RO1s under section 53A of the Act to higher level offices without a full merit selection process. These regulations amend regulation 112 to permit the promotion without advertising of officers who have been GAAs or Cadets and who become ROls or ASO3s following training, to certain higher classifications.

The proposed amendments, should this proposal be implemented, would be to augment the amendments made to regulation 112 in late 1996 with the overall result that a onestage process for advancing GAAs and Cadets to the classifications Administrative Service Officer Class 4, 5 or 6 (ASO 4, 5 or 6) or Research Officer Grade 2 (RO2) or Senior Research Officer Grade 1 or 2 (SRO1 or 2) would be replaced with a two-stage process involving competency based training as the basis for the first stage of advancement.

These regulations insert a new subregulation 112(j) whereby a Secretary is able to promote without advertising these officers to offices having the classification of ASO4, 5 or 6 or RO2 or SRO1 or 2.

Such promotions would be appealable in accordance with the relevant provisions of the Act.

Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.

Regulation 2 of the Regulations inserts a new subregulation (j) which provides that one circumstance where a Secretary may fill by promotion a vacant office, having the classification of ASO4, 5 or 6, RO2, SRO1 or 2, without advertising, is where there is available in the Department an officer having the classification of ASO3 or RO1 who was, immediately before having that classification, a GAA or Cadet.

The Regulations commence on Gazettal.