Public Service Regulations 1935

71B Approved programs for paragraph 33 (4) (b) of the Act

Division IV Miscellaneous

72A Duties of Board

74D Fee relating to attachment of salaries of officers

Part III Review of certain decisions and investigation of grievances

Division 1 Interpretation of Part III

75 Interpretation of Part III

Division 2 Review of certain decisions

76 Application of Division 2

77 Review by the relevant authority

78 Review by the Agency

79 Documents to be furnished by the relevant authority

80 Review to be under section 42 or 43 of the Merit Protection Act

81 Official directions to be carried out

Division 3 Investigation of grievances by the Agency

82 Application of Division 3

83 Investigation by the relevant authority

84 Investigation by the Agency

85 Documents to be furnished by the relevant authority

86 Official directions to be carried out

Part V Transfer, promotion and temporary performance

104 Interpretation

Division 2 Transfers and promotions — Senior Executive Service

105 Notification of SES vacancies

106 Notice to Senior Executive Service officer of proposed transfer to state day of effect

106B Prescribed day — transfer of Senior Executive Service officer within a Department

106C Prescribed day — transfer of Senior Executive Service officer to another Department

106D Gazettal of transfer of Senior Executive Service officer

107 Promotions to Senior Executive Service offices

Division 3 Temporary performance of duties — Senior Executive Service offices

108 Directions to act

Division 4 Transfers and promotions to offices other than offices of Secretaries and Senior Executive Service offices

109 Interpretation

110 Transfers and promotions generally: vacant office

111 Transfers under section 50 of the Act

112 Promotions under section 50 of the Act: notification of vacancies

113 Appellable promotions: taking effect, payment of salary etc

114 Appellable promotions: making of appeals and consequential promotions under subsection 50D (5) of the Act

115 Non-appellable promotions: meaning: prescription of class of classifications

115A Non-appellable promotions: taking effect, review and payment of salary

115B Joint Selection Committees: section 50DA of the Act

115C Transfers under section 50DA of the Act

115D Promotions under section 50DA of the Act: taking effect and payment of salary

115E Transfers and promotions under section 50DB of the Act

115F Cancellation of promotions

115G Multiple promotions

115H Promotions with coinciding days of effect

Division 5 Temporary performance of duties — offices other than Senior Executive Service offices

116 Interpretation

116A Directions to act

116B Directions to act in certain offices for more than 12 months or until the occurrence of an event

116C Appeals against selections of officer for directions to act

116D Lapsing of appeals

116E Procedure where appeal is successful

Division 6 Miscellaneous

117 Remote and other localities: transfers

Part VI Redeployment and retirement

Division 1 Senior Executive Service officers

120 Notice of redeployment or retirement: appeals: periods prescribed

Division 2 Officers other than Secretaries of Departments and Senior Executive Service officers

120A Interpretation

120B Minimum retiring age: certain overseas staff

120C Taking effect of notices reducing the classification of, or retiring, an officer

120D Appeals

Division 3 Prescribed Commonwealth authorities temporary provisions

120E Application of Division 8C of Part III of the Act

Part VIII Employees

121 Principal relevant staff association in respect of employees

122 Prescribed schemes

125 General obligations of employee

Part IX Discipline in relation to officers

139 Interpretation of Part IX

140 Manner of appeal to Disciplinary Appeal Committee

141 Time for appealing to Disciplinary Appeal Committee

145 Furnishing of documents to appellants and persons requesting a review

148 Hearing to be in public except in special circumstances

149 Witnesses

151 Witnesses expenses

152 Representation of parties

153 Protection of members of Boards of Inquiry, witnesses, etc

154 Notification of findings of Board of Inquiry

156 Payment of costs

157 Costs of lapsed inquiry

158 Recording of action taken

159 Amendment of official conduct record

160 Delegation

Part X Discipline in relation to unattached officers and employees

161 Interpretation

162 Misconduct in relation to unattached officers

163 Inquiries into charges against unattached officers

164 Persons who may inquire into offences by unattached officers

164A Application of sections 63B and 63C of the Act to unattached officers

165 Employees to whom this Part applies

166 Application of Division 6 of Part III of the Act and Parts IX and X to employees

167 Modification and adaptation of certain provisions of the Act

168 Modification and adaptation of regulations 148 and 158

Part XI Officers holding public offices or employed by public authorities

169A Bodies declared not to be Commonwealth authorities for Part IV of the Act

171 Offices and appointments declared not to be Commonwealth offices for Part IV of the Act

173 Notification to a person who has become excess

174 Conditions and procedures on transfer or promotion

175 Payment of travelling or motor vehicle allowance

176 Payment of allowances to persons promoted or transferred

176A Commonwealth office: subsection 87 (1) of the Act

177 Public offices: subsection 87 (1) of the Act

Part 12 Transitional

178 Transitional — application of regulation 116B

Schedule 1A Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons appointed as officers, or engaged as employees, under the Commonwealth Teaching Service Act 1972

Schedule 1B Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons who are employed under section 42 of the Naval Defence Act 1910

Schedule 1C Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons who are employed under section 10 of the Supply and Development Act 1939

Schedule 1F Division 8C of Part III of the Act in its application in relation to the staff of certain prescribed Commonwealth Authorities

Schedule 1G Bodies not Commonwealth authorities for Part IV of the Act

Schedule 3 Offices and appointments not Commonwealth offices for Part IV of the Act

Schedule 5 Sections 63B and 63C of the Act modified in their application to suspension of unattached officers

Notes

Do not delete : Chapter placeholder

Part I Preliminary

1 Name of regulations [see Note 1]

These regulations are the Public Service Regulations 1935.

3 Interpretation

(1) In these regulations, unless the contrary intention appears:

Parliamentary Department means the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department.

the Act means the Public Service Act 1922.

the Secretary means the Secretary of the Department in connection with which, or in which is employed an officer or employee in connection with whom, the expression is used or is applicable.

Part 1A APS Values, Code of Conduct and State of the Service Report

4 Definitions for Part 1A

In this Part:

Agency means a Department.

Agency Head, for a Department, means the Secretary of the Department.

APS means the Australian Public Service.

APS employee means a person who is:

(a) an officer; or

(b) an employee (except a person engaged overseas to perform duties overseas);

other than an officer or employee of a Parliamentary Department.

APS employment means employment as an APS employee.

APS Values means the values in regulation 5.

Australian law means:

(a) a Commonwealth, State or Territory law; or

(b) an instrument made under such a law.

Code of Conduct means the rules in regulation 7.

Department does not include a Parliamentary Department.

4A Application of Part 1A

This Part does not apply in relation to the Parliamentary Departments.

Note Part 3 of the Public Service (Parliamentary Officers) Regulations 1991 sets out the Values and Code of Conduct applying to the Parliamentary Departments.

Division 2 APS Values and APS Code of Conduct

5 The APS Values

The APS Values are as follows:

(a) the APS is apolitical, performing its functions in an impartial and professional manner;

(b) the APS is a public service in which employment decisions are based on merit;

(c) the APS provides a workplace that is free from discrimination and recognises the diverse backgrounds of APS employees;

(d) the APS has the highest ethical standards;

(e) the APS is accountable for its actions, within the framework of Ministerial responsibility, to the Government, the Parliament and the Australian public;

(f) the APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and implementing the Government’s policies and programs;

(g) the APS delivers services fairly, effectively, impartially and courteously to the Australian public;

(h) the APS has leadership of the highest quality;

(i) the APS establishes cooperative workplace relations based on consultation and communication;

(j) the APS provides a fair, flexible, safe and rewarding workplace;

(k) the APS focuses on achieving results and managing performance.

6 Agency Heads must uphold and promote APS Values

An Agency Head must uphold and promote the APS Values.

7 The APS Code of Conduct

(1) An APS employee must behave honestly and with integrity in the course of APS employment.

(2) An APS employee must act with care and diligence in the course of APS employment.

(3) An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.

(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws.

(5) An APS employee must comply with any lawful and reasonable direction given by someone in the employee’s Agency who has authority to give the direction.

(6) An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister’s member of staff.

(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.

(8) An APS employee must use Commonwealth resources in a proper manner.

(9) An APS employee must not provide 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) An APS employee must not make improper use of:

(a) inside information; or

(b) the employee’s duties, status, power or authority;

in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.

(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.

(12) An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.

(13) An APS employee must not, except in the course of his or her duties as an APS employee or with the Agency Head’s express authority, give or disclose, directly or indirectly, any information about public business or anything of which the employee has official knowledge.

8 Agency Head bound by Code of Conduct

An Agency Head is bound by the Code of Conduct in the same way as an APS employee.

Division 3 Public interest whistleblowing

9 Protection for whistleblowers

A person performing functions in or for an Agency must not victimise, or discriminate against, an APS employee because the APS employee has reported breaches (or alleged breaches) of the Code of Conduct to:

(a) the Agency Head or a person authorised by the Agency Head; or

(b) the Commissioner or a person authorised by the Commissioner.

10 Procedures for dealing with reports

An Agency Head must establish procedures for dealing with reports referred to in regulation 9.

Note For disciplinary action that may be taken for breaches of the Code of Conduct, see section 61 of the Act.

11 Minimum requirements for procedures

The procedures must:

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

(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; and

(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; and

(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; and

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

(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.

Note For disciplinary action for an officer, see section 61 of the Act.

Division 4 State of the Service report

12 State of the Service report

(1) After the end of each financial year, the Commissioner must give a report to the Minister, for presentation to the Parliament, on the state of the APS during the year.

(2) The report must include:

(a) an evaluation of the extent to which Agencies 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.

(3) The report may form part of the Commissioner’s annual report under section 15 of the Act.

(4) An Agency Head must give the Commissioner whatever information the Commissioner requires to prepare the report.

Division 5 Powers of Agency Heads

13 Powers of Agency Heads

For giving effect to this Part, an Agency Head has, for the Commonwealth, all the rights, duties and powers of an employer in relation to APS employees in the Agency.

Part II Administration

Division 1 Attendance and returns

14 Officers to acquaint themselves with Act, Regulations and Determinations

All officers are required to acquaint themselves with the Act, these regulations and the determinations made under section 82D of the Act.

15 Hours of attendance for part-time officers — s 29C of the Act

(1) For paragraph 29C (2) (a) of the Act, 36 hours each week is prescribed for all offices.

(2) For paragraph 29C (2) (b) of the Act, 1 hour each week is prescribed for all offices.

16 Hours of duty for part-time employment for section 87 of the Act

For the purposes of subparagraph (b) (ii) of the definition of “employment” in subsection 87 (1) of the Act, the prescribed number of hours is 14 View image in the official source.

23 Returns and information generally

Whenever requested by the Board, or any officer authorized by the Board, the Secretary shall supply such returns or other information as is required for the purpose of carrying out the provisions of the Act or these regulations.

Division 1A Probationary officers

45 Medical examination of a person appointed on probation

(1) The Secretary may require a person to undergo a medical examination by an authorised medical practitioner for the purposes of section 47 of the Act.

(2) A medical examination of a person under subregulation (1) is not complete until that person has been examined by an authorised medical practitioner to the satisfaction of the Secretary and the person has undergone any further medical examination reasonably required by the Secretary.

Division 1B Fitness for continued duty

46 Interpretation

In this Division:

officer includes a continuing employee (within the meaning of Division 10 of Part III of the Act) who has been an employee for more than 1 year, but does not include an officer whose appointment to the Service on probation has not been confirmed.

illness includes injury or medical condition.

relevant medical practitioner means:

(a) a Medical Officer in the Australian Government Health Service; or

(b) a registered medical practitioner.

47 Secretary to obtain advice from relevant medical practitioner other than treating doctor

If an officer has been treated or advised by a registered medical practitioner for an illness, the Secretary must not require the officer to attend an examination under this Division by that practitioner in respect of that illness.

48 Medical examination

(1) Secretary may give a notice in writing to an officer who is absent because of illness for:

(a) a continuous period of 4 weeks; or

(b) periods totalling 4 weeks if those absences relate to the same illness;

to submit to a medical examination by a relevant medical practitioner specified in the notice.

(2) If an officer:

(a) has been absent because of illness for a total of 13 weeks in any 26 week period; or

(b) has been continuously absent because of illness for a period of 13 weeks;

and has not previously attended for a medical examination in accordance with a notice under subregulation (1) during the period of absence, the Secretary must give a notice of the kind mentioned in subregulation (1) to the officer.

(3) If a medical report by a registered medical practitioner (other than a report obtained under this Division) indicates that an officer:

(a) is unfit for the duties of the officer’s position; and

(b) is likely to remain unfit for those duties for an indefinite or extended period;

the Secretary may give a notice in writing to the officer to submit to a medical examination by a relevant medical practitioner specified in the notice.

(4) If an officer returns to duty after absence from duty because of illness for:

(a) a continuous period of 4 weeks; or

(b) periods totalling 4 weeks if those absences relate to the same illness;

the Secretary may:

(c) within the period of 2 weeks after the officer’s return; and

(d) if the Secretary is of the opinion that the officer is not fit to resume duty;

give a notice in writing to the officer to submit to a medical examination by a relevant medical practitioner specified in the notice.

49 Officers to submit to medical examination

(1) An officer must not fail, without reasonable excuse, to submit to a medical examination in accordance with a notice or direction under this Division.

(2) An officer is taken not to have submitted to a medical examination until the officer has:

(a) been examined by the relevant medical practitioner to the satisfaction of the Secretary; and

(b) submitted to any further medical examination reasonably required by the Secretary on the recommendation of the relevant medical practitioner.

50 Certification as to fitness for duty and further leave

(1) If an officer has been continuously absent from duty because of illness for a period of at least 13 weeks, the officer must not return to duty until a suitable medical practitioner gives a certificate stating that the officer is fit to resume duty.

(2) For the purposes of subregulation (1), a suitable medical practitioner is a relevant medical practitioner (other than a medical practitioner who has been treating or advising the officer in relation to the illness) who is specified by the Secretary for the purpose of giving that certificate.

51 Medical examination in cases of adverse work performance or danger

(1) This regulation applies to an officer if the Secretary reasonably believes that the officer’s state of health:

(a) is affecting the officer’s work performance; or

(b) is a danger to the officer; or

(c) renders the officer a danger to other staff members or members of the public.

(2) The Secretary may require an officer to whom this regulation applies:

(a) to submit to a medical examination by a relevant medical practitioner specified by the Secretary; or

(b) to obtain, and give to the Secretary, a medical report by a registered medical practitioner about the officer’s fitness for duty.

Division IIIA Discrimination in employment

70AC Application of provisions of section 22B of the Act — members of the Australian Federal Police

(1) For the purposes of subsection 22B (14) of the Act, the provisions of section 22B of the Act apply, subject to subregulation (2), to and in relation to the employment of members of the Australian Federal Police.

(2) In the application, in accordance with subregulation (1), of section 22B of the Act:

(a) a reference to a Department, to the Department or to Departments shall be read as a reference to the Australian Federal Police;

(b) subsection (1) shall have effect as if paragraphs (a) and (b) of the definition of “employment matters’ were omitted and the following paragraphs substituted:

“(a) the selection of persons for appointment as members of the Australian Federal Police;

(b) the promotion and transfer of members of the Australian Federal Police;”;

(c) a reference to officers and employees in the Department shall be read as a reference to members of the Australian Federal Police;

(d) in paragraph (b) of the definition of “equal employment opportunity program” in subsection (1), “and in the Service generally” shall be omitted;

(e) “relevant staff organizations in relation to offices in the Department” (wherever occurring) shall be omitted and “the Australian Federal Police Association” substituted;

(f) the references in subsection (3) to the commencement of section 22B of the Act shall be read as references to the commencement of this regulation; and

(g) a reference to the Secretary, to the relevant Secretary or to Secretaries shall be read as a reference to the Commissioner of Police appointed under section 17 of the Australian Federal Police Act 1979.

70C Application of section 22B of the Act — persons employed under section 10 of the Supply and Development Act 1939

For the purposes of subsection 22B (14) of the Act, the provisions of section 22B of the Act shall apply to and in relation to the employment of persons who are employed under section 10 of the Supply and Development Act 1939 subject to the following modifications, namely the substitution for subsections 22B (1) to (11) (inclusive) of the Act of the subsections set out in Schedule 1C.

70D Application of provisions of section 22B to officers of the Australian Security Intelligence Organization

(1) For the purposes of subsection 22B (14) of the Act, the provisions of section 22B of the Act apply, subject to subsection (2), to and in relation to the employment of persons employed as officers of the Australian Security Intelligence Organization.

(2) In the application, in accordance with subregulation (1), of section 22B of the Act:

(a) a reference to a Department, to the Department or to Departments shall be read as a reference to the Australian Security Intelligence Organization;

(b) the definition of employment matters in subsection (1) shall have effect as if subparagraph (b) (ii) were omitted;

(c) references to employees shall be omitted;

(d) in paragraph (b) of the definition of “equal employment opportunity program” in subsection (1), and “in the Service generally” shall be omitted;

(e) “relevant staff organizations in relation to officers in the Department” (wherever occurring) shall be omitted and “the staff association referred to in Determination No. 4 of 1985 made under section 86 of the Australian Security Intelligence Organization Act 1979” substituted;

(f) the references in subsection (3) to the commencement of section 22B of the Act shall be read as references to the commencement of this regulation; and

(g) a reference to the Secretary, to the relevant Secretary or to Secretaries shall be read as a reference to the Director‑General of Security holding office under the Australian Security Intelligence Organization Act 1979.

71 Declaration of certain offices for subsection 33 (3) of the Act

Discrimination on the ground of age in relation to the exercise of a power under the Act in respect of appointment, transfer or promotion of a person to an office specified in an item in the following table, being discrimination that is essential for the effective performance of the duties to which the appointment, transfer or promotion relates and that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, is declared not to be discrimination for the purposes of subsection 33 (3) of the Act if that person has not attained the age specified in that item:

71A Declaration for the purposes of subsection 33 (3) of the Act: age requirement under State or Territory laws

Discrimination on the grounds of age in relation to the exercise of a power under the Act in respect of the appointment of a person to an office where the employment of that person in that office would be inconsistent with a law of a State or Territory specifying the minimum age a person is required to attain before that person may be employed, being discrimination that is essential for the effective performance of the duties to which the appointment relates and that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, is declared not to be discrimination for the purposes of subsection 33 (3) of the Act.

71AA Declaration for the purposes of subsection 33 (3) of the Act: certain matters related to appointment, transfer or promotion

Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918.

(2) Discrimination on the ground of political affiliation in relation to the exercise of a power under the Act in respect of:

(a) the appointment or transfer of a person to an office in, or as an unattached officer to; or

(b) the promotion of a person to an office in;

the Australian Electoral Commission is declared not to be discrimination against a person for the purposes of subsection 33 (3) of the Act, if:

(c) the discrimination is essential for the effective performance of the duties:

(i) in the case of an unattached officer — that the person will perform for the purposes of the Commission; and

(ii) in any other case — of the office;

(d) the discrimination is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and

(e) the Electoral Commissioner has determined in writing that those duties could not be performed by a person who is actively engaged in electoral or political affairs; and

(f) the Electoral Commissioner has requested in writing from the person a written undertaking that he or she will refrain from active engagement in electoral or political affairs when performing the duties; and

(g) the person has not given the Electoral Commissioner an undertaking referred to in paragraph (f).

71B Approved programs for paragraph 33 (4) (b) of the Act

(1) For paragraph 33 (4) (b) of the Act, a program is an approved program if the purpose of the program is to encourage the appointment to the Service of persons who are:

(a) members of the aboriginal race of Australia; or

(b) descendants of indigenous inhabitants of the Torres Strait Islands.

(2) The program known as the Intellectual Disability Access Program to encourage the appointment to the Service of persons who have intellectual disabilities is declared to be an approved program for the purposes of paragraph 33 (4) (b) of the Act.

Division IV Miscellaneous

72A Duties of Board

It shall be the duty of the Board to inquire into or investigate any matter in relation to the Public Service, which, in the opinion of the Board, should be inquired into or investigated.

74D Fee relating to attachment of salaries of officers

For the purposes of subsection 64 (4) of the Act, the prescribed rate is $35.

Part III Review of certain decisions and investigation of grievances

Division 1 Interpretation of Part III

75 Interpretation of Part III

In this Part, unless the contrary intention appears:

action has the same meaning as in subsection 46 (1) of the Merit Protection Act.

Agency means the Merit Protection and Review Agency established by the Merit Protection Act.

authorised person, in relation to a decision made under the Act, these regulations or a determination, means an officer who is authorised under the Act, these regulations or that determination to make that decision.

decision has the same meaning as in section 38 of the Merit Protection Act.

determination means a determination made by the Board under section 82D of the Act.

Director means the Director of the Agency.

Merit Protection Act means the Merit Protection (Australian Government Employees) Act 1984.

officer includes employee.

relevant authority means:

(a) in the case of a decision or action for which the relevant Secretary has a responsibility — that relevant Secretary; or

(b) in any other case — the authority responsible for the decision or action the review or investigation of which is sought or that is under review or investigation.

Division 2 Review of certain decisions

76 Application of Division 2

This Division applies to:

(a) a decision of a Secretary under clause 9.2.1 of Public Service Board Determination No. 1983/10 refusing approval for an officer or an employee to undertake a scheme of study as defined in Part 9 of that Determination;

(b) a decision of a Secretary under Division 6 of Part 9 of Public Service Board Determination No. 1983/10:

(i) not to grant reimbursement, in full or in part, of study costs incurred by an approved student in respect of such a scheme of study, or a subject included in such a scheme of study; or

(ii) not to grant payment, in full or in part, prior to the completion of such a scheme of study, or a subject included in such a scheme of study, of study costs incurred or likely to be incurred by an approved student in respect of the scheme of study or subject;

(c) a decision of a Secretary under Division 3 of Part 12 of Public Service Board Determination No. 1983/10:

(i) not to grant reimbursement, in full or in part, of study costs incurred by an award holder in respect of a scheme of study, or a study program, as defined in Part 12 of Public Service Board Determination No. 1983/10; or

(ii) not to grant payment, in full or in part, prior to completion of such a scheme of study or a study program, of study costs likely to be incurred by an award holder in respect of the scheme of study or study program;

(d) a decision of an authorised person under a determination, being a decision that specifies, in relation to an officer who is directed to perform only part of the duties of an office, the classification that shall be deemed to be the classification of that office;

(e) a decision of a Secretary, in relation to an application for the grant under Division 3 of Part 2, Part 9 or Part 12, of Public Service Board Determination 1983/10 of leave of absence:

(i) not to grant the leave;

(ii) to grant the leave for a period other than for the period requested; or

(iii) to grant the leave subject to conditions;

(f) a decision under subregulation 77 (3) of the relevant authority upon its review of a decision referred to in paragraph (a), (b), (c) or (d); and

(g) a decision under subregulation 77 (3) of the relevant authority upon its review of a decision referred to in paragraph (e).

77 Review by the relevant authority

(1) An officer aggrieved by a decision referred to in paragraph 76 (a), (b), (c), (d) or (e) made in relation to the officer may request the relevant authority to review the decision.

(2) A request under subregulation (1) by an officer for review of a decision shall:

(b) set out the decision;

(c) set out the reasons why the officer is aggrieved by the decision; and

(d) be furnished to the relevant authority.

(3) As soon as practicable after receiving a request under subregulation (1) to review a decision made in relation to an officer, the relevant authority shall review the decision and shall, by decision in writing:

(a) affirm the decision;

(b) vary the decision; or

(c) set aside the decision and substitute another decision for the decision so set aside.

(4) For the purposes of a review under this regulation by the relevant authority of a decision made in relation to an officer, that authority may request any person, including the officer, to provide information or documents relevant to the decision.

(5) After 21 days after an officer has, under subregulation (2), furnished to the relevant authority a request for review of a decision, the officer may, in writing, request the Agency to do either or both of the following:

(a) request that authority to state how far that review has progressed;

(b) request that authority to expedite that review.

(6) As soon as practicable after receiving a request under subregulation (5), the Agency shall comply with that request.

(7) The relevant authority shall, not later than 10 days after receiving a request under subregulation (5) concerning a review by that authority of a decision, notify the Agency of the extent of the progress of that review.

78 Review by the Agency

(1) For the purposes of section 39 of the Merit Protection Act, application may be made to the Agency for review of:

(a) a decision referred to in paragraph 76 (a), (b), (c), (d) or (e) made in relation to an officer that has been reviewed under regulation 77 by the relevant authority; or

(b) a decision referred to in paragraph 76 (f) or (g) made in relation to an officer by the relevant authority.

(2) An application under subregulation (1) for review of a decision shall:

(b) be addressed to the Director;

(c) set out the decision;

(d) set out the reasons why the application is made; and

(e) be furnished to that authority with a request that that authority furnish the application to the Director.

79 Documents to be furnished by the relevant authority

Within 14 days after receiving an application under regulation 78 for review by the Agency of a decision made in relation to an officer, the relevant authority shall:

(a) furnish to the Director:

(i) the application;

(ii) the request by the officer under regulation 77 for review by that authority of that decision;

(iii) a copy of that decision;

(iv) any other document relevant to that decision or that review; and

(v) if necessary, a report on anything done by that authority in connection with that decision or that review; and

(b) furnish to the officer:

(i) a copy of any document referred to in subparagraph (a) (iv); and

(ii) a copy of any report referred to in subparagraph (a) (v).

80 Review to be under section 42 or 43 of the Merit Protection Act

On receipt by the Director of an application under regulation 78 for review by the Agency of a decision, that decision may be reviewed:

(a) in the case of a decision referred to in paragraph 76 (e) or (g) — under section 43 of the Merit Protection Act; or

(b) in any other case — under section 42 of that Act.

81 Official directions to be carried out

Where:

(a) under regulation 77 an officer requests the relevant authority to review an official direction to the officer; or

(b) under regulation 78 application is made to the Agency for review of official direction to an officer;

the officer shall, as far as practicable, carry out the direction unless it is withdrawn.

Division 3 Investigation of grievances by the Agency

82 Application of Division 3

This Division applies to:

(a) an action taken in relation to an officer other than:

(i) classifying an office;

(ii) fixing the rate of salary applicable to an office;

(iii) fixing the conditions of service or employment of officers, in so far as those conditions are set out in, or under, a law of the Commonwealth, otherwise than applying those conditions to the officer;

(iv) an action arising under the Australian Security Intelligence Organization Act 1979, the Compensation (Commonwealth Government Employees) Act 1971 or the Superannuation Act 1976;

(v) an action in respect of which the officer has under the Act, the Commonwealth Employees (Redeployment and Retirement) Act 1979 or these regulations (other than this Division) a right of review or appeal, whether or not that right has been exercised;

(vi) the annulment of the appointment of the officer under section 47 of the Act;

(vii) refusal to permit under section 52 of the Act the officer to decline a promotion or transfer under that section;

(viii) the appointment, promotion or transfer of a person to an office to which the officer had applied to be promoted or transferred; and

(ix) dispensing with, under section 82AH of the Act, the services of the officer; and

(b) an action taken in relation to an officer that is part of the procedure adopted for the purpose of an action referred to in subparagraph (a) (v), (vi), (vii), (viii) or (ix) taken in relation to the officer;

but does not apply to a decision to which Division 2 applies.

83 Investigation by the relevant authority

(1) An officer aggrieved by an action to which this Division applies taken in relation to the officer may request the relevant authority to investigate the action.

(2) A request under subregulation (1) by an officer for investigation of an action taken shall:

(b) describe the action;

(c) set out the reasons why the officer is aggrieved by the action; and

(d) be furnished:

(i) in the case of an action that concerns the conduct of the supervisor of the officer — to the relevant authority; or

(ii) in any other case — to the supervisor of the officer who shall, as soon as practicable, refer the request to the relevant authority.

(3) As soon as practicable after receiving a request under subregulation (1) to investigate an action taken in relation to an officer, the relevant authority shall:

(a) investigate the action in any manner that the authority thinks fit; and

(b) cause the officer to be advised of the results of the investigation, of any decision of that authority consequent upon the investigation and of the reasons for that decision.

(4) For the purposes of an investigation under this regulation by the relevant authority into an action taken in relation to an officer, that authority may request any person, including the officer, to provide information or documents relevant to the action.

(5) After 21 days after an officer has under subregulation (2) furnished to the relevant authority or to the supervisor of the officer, as the case requires, a request for investigation of an action, the officer may, in writing, request the Agency to do either or both of the following:

(a) request that authority to state how far that investigation has progressed;

(b) request that authority to expedite that investigation.

(6) As soon as practicable after receiving a request under subregulation (5), the Agency shall comply with that request.

(7) The relevant authority shall, not later than 10 days after receiving a request under subregulation (5) concerning an investigation by that authority of an action, notify the Agency of the extent of the progress of that investigation.

84 Investigation by the Agency

(1) For the purposes of section 47 of the Merit Protection Act, application may be made to the Agency for the investigation, in accordance with Division 4 of Part II of that Act, of an action to which this Division applies taken in relation to an officer that has been investigated by the relevant authority under regulation 83 if the officer remains aggrieved by the action.

(2) An application under subregulation (1) for investigation of an action shall:

(b) be addressed to the Director;

(c) describe the action;

(d) set out the reasons why the application is made; and

(e) be furnished to the relevant authority with a request that that authority furnish the application to the Director.

85 Documents to be furnished by the relevant authority

Within 14 days after receiving an application under regulation 84 for investigation by the Agency of an action taken in relation to an officer, the relevant authority shall:

(a) furnish to the Director:

(i) the application;

(ii) the request by the officer under regulation 83 for investigation by that authority of the action;

(iii) a copy of the advice given under subregulation 83 (3) by that authority to the officer as a result of that investigation;

(iv) any other document relevant to the action or that investigation; and

(v) if necessary, a report on anything done by that authority in connection with that action or that investigation; and

(b) furnish to the officer:

(i) a copy of any document referred to in subparagraph (a) (iv); and

(ii) a copy of any report referred to in subparagraph (a) (v).

86 Official directions to be carried out

Where:

(a) under regulation 83 an officer requests the relevant authority to investigate an official direction to the officer; or

(b) under regulation 84 application is made to the Agency for the investigation of an official direction to an officer;

the officer shall, as far as practicable, carry out the direction unless it is withdrawn.

Part V Transfer, promotion and temporary performance

104 Interpretation

(1) In this Part:

promotion has the same meaning as in subsection 33AAA (1) of the Act.

Promotion Appeal Committee means a Promotion Appeal Committee established under section 9 of the Merit Protection (Australian Government Employees) Act 1984.

(3) In this Part, a reference to an office higher than an office held by an officer shall be read as a reference to an office to which the officer would have to be promoted if the officer were to hold that office.

(4) In this Part, a reference, in relation to an officer, to a higher office shall be read as a reference to an office that is higher than the office held by the officer.

(5) In this Part, a reference to an office higher than another office shall be read as including a reference to an office of a higher classification than that other office.

Division 2 Transfers and promotions — Senior Executive Service

105 Notification of SES vacancies

For subsections 33AA (1) and (2), the period is 12 months.

106 Notice to Senior Executive Service officer of proposed transfer to state day of effect

(1) A notice given under subsection 49 (4) of the Act to a Senior Executive Service officer of the transfer of the officer under subsection 49 (1A) or (1B) of the Act must state the day on which the transfer is proposed to take effect.

(2) The day on which the transfer is proposed to take effect must not be earlier than the day on which the notice of the transfer is given to the officer.

106B Prescribed day — transfer of Senior Executive Service officer within a Department

If a Senior Executive Service officer in a Department is to be transferred to a vacant Senior Executive Service office in the Department:

(a) by the Secretary to the Department under subsection 49 (1A) of the Act; or

(b) by the Commissioner under paragraph 49 (1B) (b) or (c) of the Act;

the day, for the purposes of subparagraph (b) (i) of the definition of “prescribed day” in subsection 33AAA (1) of the Act in its application to section 49D of the Act, is:

(c) if:

(i) the officer’s views on the transfer, to which the Secretary or the Commissioner is required to have regard under subsection 49 (2) of the Act, include the view that the officer has no objection to the transfer; or

(ii) the transfer is made under paragraph 49 (1B) (c) of the Act;

the day stated under subregulation 106 (1) in the notice of the transfer given to the officer as the day on which the transfer is proposed to take effect; or

(d) if paragraph (c) does not apply — the later of:

(i) the day stated under subregulation 106 (1) in the notice of the transfer given to the officer as the day on which the transfer is proposed to take effect; or

(ii) the seventh day after the day on which that notice is given to the officer.

106C Prescribed day — transfer of Senior Executive Service officer to another Department

If a Senior Executive Service officer in a Department is to be transferred to a vacant Senior Executive Service office in another Department by the Commissioner under subsection 49 (1B) of the Act, the day, for the purposes of subparagraph (b) (i) of the definition of prescribed day in subsection 33AAA (1) of the Act in its application to section 49D of the Act, is the day stated under subregulation 106 (1) in the notice of the transfer given to the officer as the day on which the transfer is proposed to take effect.

106D Gazettal of transfer of Senior Executive Service officer

A transfer of a Senior Executive Service officer under subsection 49 (1A) or (1B) of the Act that has filled a vacancy notified in the Gazette under subsection 33AA (2) of the Act must be notified in the Gazette.

107 Promotions to Senior Executive Service offices

In relation to a promotion under section 49B of the Act, the day for the purposes of subparagraph (a) (i) of the definition of “prescribed day” in subsection 33AAA (1) of the Act is the seventh day after the day on which the promotion is notified in the Gazette.

Division 3 Temporary performance of duties — Senior Executive Service offices

108 Directions to act

direction means a direction under subregulation (2).

efficiency, in relation to the selection of an officer to perform duties of an office, has the same meaning as in section 49C of the Act.

specified, in relation to a direction, means specified in that direction.

(2) The Secretary of a Department may give a direction in writing to an officer to perform temporarily the whole, or a specified part, of the duties of a Senior Executive Service office in that Department the classification of which is not the same as, or equal to, the classification of the officer.

(3) A direction takes effect on the day it is given or, where a later day is specified, on that day.

(4) A direction shall be expressed to continue in force:

(a) until the expiration of a specified day; or

and, subject to subregulation (9), shall cease to have effect accordingly.

(5) A direction shall not be expressed to operate “until further notice” or to that effect.

(6) In selecting an officer for a direction to perform duties of an office, the Secretary of a Department shall have regard to:

(a) the efficiency of the officer;

(b) the relative importance to the Department of performance of those duties and of performance of the other work of the Department;

(c) the duration of the period during which those duties are to be performed by that officer; and

(d) the costs expected to be associated with the performance of those duties by that officer.

(7) Notwithstanding subregulation (2), a Secretary of a Department shall not give a direction to an officer in another Department without the approval of the Secretary of that other Department or the Board.

(8) A Secretary of a Department may, under subregulation (7), withhold his or her approval of a direction to perform duties where the Secretary considers that the performance of those duties by that officer would give rise to substantial difficulties or inefficiencies in the management or functioning of that Department.

(9) Where an officer is given a direction to perform duties of an office in a Department, the Secretary of the Department may, by writing:

(a) revoke the direction at any time; and

(b) vary the direction at any time by requiring the officer not to perform, or to cease performing, part of those duties after that time.

Division 4 Transfers and promotions to offices other than offices of Secretaries and Senior Executive Service offices

109 Interpretation

appellable promotion means a promotion under section 50 of the Act other than a non-appellable promotion.

nominal effective day means, in relation to:

(a) a transfer of an officer under section 50 or 50DA of the Act — the seventh day after the day on which notice of the transfer is given to the officer under subsection 50 (5A) or 50DA (8) of the Act, as the case may be;

(b) an appellable promotion — the twenty-first day after the day on which the promotion is notified in the Gazette;

(c) a non-appellable promotion or a section 50DA promotion — the seventh day after the day on which that promotion is notified in the Gazette.

non-appellable promotion has the same meaning as in subsection 33AAA (1) of the Act.

office means an office other than:

(a) an office of Secretary; or

(b) a Senior Executive Service office.

section 50DA promotion means a promotion under section 50DA of the Act.

(2) In this Division, a reference to the taking effect of a transfer or promotion of an officer does not include the taking effect of a transfer or promotion, as the case may be, that becomes inoperative because of:

(a) the officer ceasing to be an officer; or

(b) the operation of any provision of the Act.

(3) In this Division, a reference to a promotion that is notified is a reference to a promotion that is notified in the Gazette.

(4) For the purposes of this Division, an appeal shall be taken to become inoperative if that appeal would be taken to become inoperative in accordance with subsection 33AAA (4) of the Act.

(5) In this Division, a reference to a notice under subsection 50 (5A) or 50DA (8) of the Act includes, in the case of a transfer referred to in subsection 50DB (5) or (6) of the Act, as the case may be, a notice under subsection 50DB (8) of the Act.

110 Transfers and promotions generally: vacant office

Where but for this regulation a transfer or promotion of an officer to an office would take effect on a day and on that day the office is occupied by another officer, the transfer or promotion, as the case may be, does not take effect until the day on which the office becomes vacant.

111 Transfers under section 50 of the Act

(1) A transfer of an officer under section 50 of the Act to fill a vacancy notified in the Gazette shall be notified in the Gazette.

(2) Where an officer is transferred under section 50 of the Act and the officer is not entitled to apply, or does not apply, under subsection 52 (1) of the Act for permission to decline the transfer, the transfer takes effect, subject to regulation 110, on:

(a) the nominal effective day; or

(b) the day (if any) indicated in the notice of the transfer given to the officer under subsection 50 (5A) of the Act as the day on which the transfer takes effect (being a day no earlier than the day on which that notice is so given);

whichever is the later.

(3) Where an officer is transferred under section 50 of the Act and the officer makes an application under subsection 52 (1) of the Act for permission to decline the transfer and the Board or the Secretary, as the case requires, notifies the officer that permission is refused, the transfer takes effect, subject to regulation 110, on:

(a) the day on which the officer is so notified;

(b) the nominal effective day; or

(c) the day (if any) indicated in the notice referred to in paragraph (2) (b);

whichever is the latest.

(4) In relation to a transfer of an officer under section 50 of the Act the period for the purposes of subsection 52 (2) of the Act is the period beginning at the time the officer is given notice in writing under subsection 50 (5A) of the Act of the transfer and ending immediately before the nominal effective day.

112 Promotions under section 50 of the Act: notification of vacancies

For the purposes of subsection 50 (1) of the Act:

(a) where a vacant office was, immediately before the occurrence of that vacancy, held by a person appointed, promoted or transferred to that office following notification in the Gazette of the vacancy of that office and that person failed to take up duty in that office, that occurrence is a prescribed circumstance;

(b) a decision by the Secretary of a Department to fill an office in the Department is a prescribed circumstance if:

(i) a vacancy (the “first vacancy”) in the office was notified in the Gazette within 12 months before the decision; and

(ii) the office was filled but again became vacant; and

(iii) the classification, duties and location of the office are the same as when the first vacancy was notified in the Gazette;

(c) a decision by the Secretary of a Department to fill an office in the Department is a prescribed circumstance if:

(i) a vacancy in an office in the Department was notified in the Gazette within 12 months before the decision; and

(ii) the classification, duties and location of both offices are the same;

(h) it is a prescribed circumstance if a decision is made by the Director of Meteorology, Bureau of Meteorology in the Department of the Environment, Sport and Territories, that an office having:

(i) the classification of Professional Officer Class 2; and

(ii) meteorological duties;

be filled by an officer in the Bureau who has the classification of Professional Officer Class 1;

(i) where a vacant office in the Spectrum Management Agency has the classification of Administrative Service Officer Class 4, the decision by the relevant Secretary that the office be filled by an officer in the Spectrum Management Agency who:

(i) occupies an office having the classification of Administrative Service Officer Class 3; and

(ii) immediately before occupying that office, occupied an office in the Spectrum Management Agency having the classification of Graduate Administrative Assistant; and

(iii) was appointed, promoted or transferred to that office of Graduate Administrative Assistant during the month of January or February of 1996;

is a prescribed circumstance;

(j) it is a prescribed circumstance if there is available in a Department a vacant office having the classification of Administrative Service Officer Class 4, 5 or 6, Research Officer Grade 2 or Senior Research Officer Grade 1 or 2 that the Secretary of the Department has determined needs to be filled, and also available in the Department an officer who:

(i) following the application of section 53A of the Act — has the classification of Administrative Service Officer Class 3 or Research Officer Grade 1; and

(ii) immediately before having the classification mentioned in subparagraph (i) — had the classification of Aboriginal Cadet, Cadet or Graduate Administrative Assistant.

113 Appellable promotions: taking effect, payment of salary etc

(1) Subject to regulation 110, an appellable promotion takes effect:

(a) if no appeal is made in respect of that promotion — on the nominal effective day;

(b) if an appeal is or appeals are made in respect of the promotion and that appeal or all of those appeals, as the case may be, is or are disallowed or becomes or become inoperative no later than the nominal effective day — on that day;

(c) if an appeal is or appeals are made in respect of the promotion and that appeal or all of those appeals, as the case may be, is or are disallowed or becomes or become inoperative on a day later than the nominal effective day — on that later day; or

(d) if appeals are made in respect of the promotion and those appeals are disallowed or become inoperative on 2 or more days one or more of which occurs after the nominal effective day — on the day so occurring or on the later or latest of those days, as the case may be.

(2) In relation to an appellable promotion, the day for the purposes of subparagraph (a) (i) of the definition of prescribed day in subsection 33AAA (1) of the Act is the nominal effective day.

114 Appellable promotions: making of appeals and consequential promotions under subsection 50D (5) of the Act

(1) In this regulation, “notice of appeal”l means a notice referred to in paragraph (3) (a).

(2) For the purposes of subsection 50B (1A) of the Act, the filling, by promotion, of an office the vacancy of which was not notified in the Gazette is a prescribed circumstance.

(3) For the purposes of subsection 50B (3) of the Act, an appeal against a promotion under subsection 50 (1) of the Act:

(a) shall be by notice in writing addressed to the Agency; and

(b) shall be made by delivering the notice of appeal in respect of that promotion to the relevant address before the relevant time on the fourteenth day after the day of notification of that promotion in the Gazette.

(4) For the purposes of subregulation (3):

(a) the relevant address; and

(b) the relevant time;

in relation to the delivery of a notice of appeal in respect of an appeal against a promotion to an office, are the relevant address and the relevant time, respectively, determined by the Agency by notice published in the Gazette, in respect of appeals against promotions to that office or to a specified class of offices that includes that office.

(5) A determination under subregulation (4):

(a) may describe an office by reference to its location in a State, Territory or other place (whether within or outside Australia);

(b) may specify a relevant time in respect of appeals against promotions to an office located in one place that differs from the time so specified in respect of appeals against promotions to an office located in another place or places.

(6) Where an officer whose appeal has been allowed is promoted under subsection 50D (5) of the Act, that promotion takes effect, subject to regulation 110, on the day on which the appeal is allowed.

115 Non-appellable promotions: meaning: prescription of class of classifications

For the purposes of paragraph (b) of the definition of “non‑appellable promotion” in subsection 33AAA (1) of the Act the following class of classifications is prescribed, namely, classifications of offices the occupants of which are paid salary the rate or the minimum rate of which immediately before the commencement of this regulation exceeds the maximum rate of salary payable to the occupant of an office having a classification of Clerical Administrative Class 8.

115A Non-appellable promotions: taking effect, review and payment of salary

(1) Subject to regulation 110, a non-appellable promotion takes effect on the nominal effective day.

(2) For the purposes of subsection 50DAA (1) of the Act, the period within which application may be made for review of a non‑appellable promotion is the period of 14 days commencing on the day on which that promotion is notified in the Gazette.

(3) Where the Agency receives an application under subsection 50DAA (1) of the Act relating to a promotion made by a Secretary, the Agency shall, within 7 days after the end of the period prescribed by subregulation (2), advise the Secretary of the receipt of the application and furnish to the Secretary a copy of the particulars included in the application.

(4) Where a Secretary is advised under subregulation (3) of the receipt of an application relating to a promotion, the Secretary shall, within 14 days of being so advised, forward to the Agency:

(a) all documents held by his or her Department relating to the making of that promotion; and

(b) any comments on the matters raised in the application.

(5) Where on an application under section 50DAA of the Act a Secretary reconsiders the promotion of an officer and as a result of that reconsideration makes a decision, the Secretary shall advise:

(a) the officer who made the application;

(b) the promoted officer; and

(c) the Agency;

of that decision.

(6) Where a promotion of an officer is cancelled under subsection 50DAA (6) of the Act, the transfer of the officer under subsection 50DAA (7) of the Act takes effect when the cancellation of the promotion takes effect.

(7) In relation to a non-appellable promotion, the day for the purposes of subparagraph (a) (i) of the definition of prescribed day in subsection 33AAA (1) of the Act is the nominal effective day.

115B Joint Selection Committees: section 50DA of the Act

(1) For the purposes of paragraphs 50DA (3) (a) and (5) (c) of the Act, the principal relevant staff organisation, in relation to the transfer or promotion of an officer to an office included in a class of offices, is:

(a) where there is only one relevant staff organisation in relation to that office — that organisation; or

(b) in any other case — the relevant staff organisation the membership of which includes the larger or largest number of officers occupying offices of that class.

(2) For the purposes of paragraph 50DA (3) (b) of the Act, in relation to a notice given by a Secretary to a relevant staff organisation of a proposal that a vacancy be filled by a transfer or promotion under section 50DA of the Act, the period of 7 days commencing at the expiration of the day on which that notice is so given is prescribed.

115C Transfers under section 50DA of the Act

(1) A transfer of an officer under section 50DA of the Act shall be notified in the Gazette.

(2) Where an officer is transferred under section 50DA of the Act and the officer is not entitled to apply, or does not apply, under subsection 52 (1) of the Act for permission to decline the transfer, the transfer takes effect, subject to regulation 110, on:

(a) the nominal effective day; or

(b) the day (if any) indicated in the notice of the transfer given to the officer under subsection 50DA (8) of the Act as the day on which the transfer takes effect (being a day no earlier than the day on which that notice is so given);

whichever is the later.

(3) Where an officer is tranferred under section 50DA of the Act and the officer makes an application under section 52 (1) of the Act for permission to decline the transfer and the Board or the Secretary, as the case requires, notifies the officer that permission is refused, the transfer takes effect, subject to regulation 110, on:

(a) the day on which the officer is so notified;

(b) the nominal effective day; or

(c) the day (if any) indicated in the notice referred to in paragraph (2) (b);

whichever is the latest.

(4) For the purposes of subsection 52 (2) of the Act, in relation to a transfer of an officer under section 50DA of the Act, the period commencing at the time the officer is given notice in writing under subsection 50DA (8) of the Act of the transfer and ending immediately before the nominal effective day is prescribed.

115D Promotions under section 50DA of the Act: taking effect and payment of salary

(1) Subject to regulation 110, a section 50DA promotion takes effect on the nominal effective day.

(2) In relation to a promotion of an officer under section 50DA of the Act, the day for the purposes of subparagraph (a) (i) of the definition of“prescribed day” in subsection 33AAA (1) of the Act is the nominal effective day.

115E Transfers and promotions under section 50DB of the Act

(1) For the purposes of paragraph 50DB (3) (b) of the Act, the principal relevant staff organisation, in relation to the transfer or promotion of an officer to an office included in a class of offices, is:

(a) where there is only one relevant staff organisation in relation to that office — that organisation; or

(b) in any other case — the relevant staff organisation the membership of which includes the larger or largest number of officers occupying offices of that class.

(2) For the purposes of paragraph 50DB (4) (c) of the Act, in relation to a notice given by a Secretary to a principal relevant staff organisation of a proposal that a vacant office be filled by a transfer or promotion under section 50DB of the Act, the period of 14 days commencing at the expiration of the day on which that notice is so given is prescribed.

(3) For the purposes of paragraph 50DB (10) (a) of the Act, the period of 14 days commencing at the expiration of the day on which the member ceases to take part in the deliberations of the Committee is prescribed.

(4) For the purposes of paragraph 50DB (11) (a) of the Act, the period of 14 days beginning at the expiration of the day on which the Secretary notifies the principal relevant staff organisation is prescribed.

115F Cancellation of promotions

(1) Where:

(a) an officer is promoted to an office in a Department and that promotion is not one of 2 or more promotions to which regulation 115G applies; and

(b) before the nominal effective day of that promotion, the Secretary of that Department receives from the officer an application in writing for the cancellation under section 50G of the Act of that promotion;

the promotion does not take effect except in accordance with subregulation (2).

(2) Where an officer is notified that an application by the officer under subregulation (1) in relation to a promotion has been refused, that promotion takes effect on the day on which the officer is so notified or, where that promotion would, apart from this regulation, take effect on a day later than the day on which the officer is so notified, on that later day.

(3) Regulations 113, 115A and 115D shall be read subject to this regulation.

115G Multiple promotions

group of multiple promotions means a group of promotions comprising:

(a) a promotion, of an officer to an office, that is notified in the Gazette; and

(b) one or more other promotions of the officer notified in the Gazette on the day the promotion referred to in paragraph (a) is so notified or on any succeeding day no later than the day immediately preceding the nominal effective day of that promotion, being a promotion or promotions to an office or to offices the classification or the respective classifications of which are the same as or equivalent to the classification of the office referred to in paragraph (a).

relevant day, in relation to a group of multiple promotions, means:

(a) if the nominal effective day of each of those promotions is the same — that day; or

(b) in any other case — the nominal effective day that is the later or latest, as the case may be, of the respective nominal effective days of each of those promotions.

(2) Where an officer is promoted to 2 or more offices and those promotions comprise a group of multiple promotions:

(a) none of those promotions takes effect except in accordance with subregulation (13); and

(b) the officer may, by writing, elect to accept one of those promotions.

(3) An election under subregulation (2) relating to a promotion to an office in a Department shall be addressed to the Secretary of that Department.

(4) Where, in relation to one of the promotions referred to in subregulation (2), an election under that subregulation is received by the Secretary to whom it is addressed before the relevant day and immediately before the relevant day that promotion was not an appellable promotion the subject of an appeal, that promotion is the effective promotion.

(5) Where, in relation to one of the promotions referred to in subregulation (2), an election under that subregulation is received by the Secretary to whom it is addressed before the relevant day and immediately before the relevant day that promotion was an appellable promotion the subject of an appeal, the other promotion or promotions referred to in subregulation (2) lapse on the relevant day.

(6) Where no election is made or, if made, is not received by the Secretary before the relevant day in relation to the promotions referred to in subregulation (2), subregulation (7), (8), (9), (10), (11) or (12) applies to those promotions.

(7) Where, immediately before the relevant day referred to in subregulation (6), none of the promotions referred to in subregulation (2) was an appellable promotion the subject of an appeal and one such promotion was notified earlier than the other promotions, that promotion is the effective promotion.

(8) Where, immediately before the relevant day referred to in subregulation (6), none of the promotions referred to in subregulation (2) was an appellable promotion the subject of an appeal and 2 or more such promotions were notified at one time and the other or others were notified at a later time or times, whichever of those earlier or earliest promotions to be notified is nominated by the Board for the purposes of this subregulation is the effective promotion.

(9) Where, immediately before the relevant day referred to in subregulation (6), none of the promotions referred to in subregulation (2) was an appellable promotion the subject of an appeal and those promotions were notified at the same time, whichever of those promotions is nominated by the Board for the purposes of this subregulation is the effective promotion.

(10) Where, immediately before the relevant day referred to in subregulation (6):

(a) one of the promotions referred to in subregulation (2) was an appellable promotion but was not the subject of an appeal and the other promotion or promotions were so subject; or

(b) one of the promotions referred to in subregulation (2) was a section 50DA promotion and the other promotion or promotions was or were appellable promotions the subject of an appeal;

the appellable promotion that was not the subject of an appeal or the section 50DA promotion, as the case may be, is the effective promotion.

(11) Where, immediately before the relevant day referred to in subregulation (6), the promotions referred to in subregulation (2) were the subject of appeals, the promotion or promotions other than:

(a) the promotion notified first;

(b) where those promotions were notified at the same time — the promotion nominated by the Board for the purposes of this paragraph; or

(c) where those promotions comprised more than 2 and 2 or more of them were the earlier or earliest to be notified — whichever of those earlier or earliest promotions to be notified is nominated by the Board for the purposes of this paragraph;

lapse on the relevant day.

(12) Where none of subregulations (7), (8), (9), (10) and (11) apply to the promotions referred to in subregulation (2), the promotion (not being a promotion the subject of an appeal) nominated by the Board for the purposes of this subregulation is the effective promotion.

(13) For the purposes of subregulations (4), (5), (7), (8), (9), (10), (11) and (12):

(a) where one of 2 or more promotions is the effective promotion:

(i) that promotion takes effect, subject to regulation 110, on the relevant day; and

(ii) the other promotion or promotions lapse on the relevant day; and

(b) the promotion referred to in subregulation (5) or in a paragraph of subregulation (11) that does not lapse shall take effect in accordance with subregulation 113 (1).

(14) Regulations 113, 115A and 115D shall be read subject to this regulation.

115H Promotions with coinciding days of effect

(1) In this regulation, “group of multiple promotions” has the same meaning as in regulation 115G.

(2) Where by virtue of 2 or more promotions under section 50 or 50DA of the Act, or both, none of which are included in a group of multiple promotions:

(a) an officer is promoted to more than one office; and

(b) but for this regulation the promotions would, in accordance with regulation 113, 115A or 115D, take effect on the same day;

then:

(c) in the case of promotions both or all of which are promotions to offices the classifications of which are the same or equal — the earlier or earliest of those promotions to be notified takes effect on that day and the other promotion or promotions lapse;

(d) in the case of promotions that comprise promotions to offices the classification of one of which (in this paragraph referred to as “the relevant office”) is higher than the classification of the office, or the respective classifications of the offices, to which the other promotion or promotions relate — the promotion to the relevant office takes effect on that day and the other promotion or promotions lapse on that day.

(3) Regulations 113, 115A and 115D shall be read subject to this regulation.

Division 5 Temporary performance of duties — offices other than Senior Executive Service offices

116 Interpretation

appellable promotion has the same meaning as in Division 4.

direction means a direction under subregulation 116A (2).

notified, in relation to a direction, means notified in accordance with subregulation 116B (2).

office means an office other than:

(a) an office of Secretary; or

(b) a Senior Executive Service office.

specified, in relation to a direction means specified in that direction.

(2) In these regulations, a reference to the efficiency of an officer includes, in the case of an officer who is a returned soldier or who is or has been absent on specified defence service, such efficiency as, in the opinion of the Secretary or the Promotion Appeal Committee, as the case requires, the officer would have had but for the absence of the officer on active service or on specified defence service.

116A Directions to act

efficiency, in relation to an officer being considered by a Secretary for selection for a direction to perform duties of an office, means:

(a) the abilities, qualifications, experience, standard of work performance and personal qualities of the officer, to the extent that the Secretary considers that those matters are relevant to the performance of duties of the office; and

(b) the potential of the officer for further career development in the Service, and the ability of the officer to perform the duties of other offices in the Department of the same or equal classification, to the extent (if any) that the Secretary considers that those matters are relevant to the selection of an officer for that direction.

(2) The Secretary of a Department may give a direction in writing to an officer to perform temporarily the whole, or a specified part, of the duties of an office in that Department.

(3) A direction, other than a direction required to be notified, takes effect on the day it is given or, where a later day is specified, on that later day.

(4) A direction shall be expressed to continue in force:

(a) until the expiration of a specified day; or

and, subject to subregulation (9), shall cease to have effect accordingly.

(5) A direction shall not be expressed to operate “until further notice” or to that effect.

(6) In selecting an officer for a direction to perform duties of a higher office, the Secretary of a Department shall have regard to:

(a) the efficiency of the officer;

(b) the relative importance to the Department of performance of those duties and of performance of the other work of the Department;

(c) the duration of the period during which those duties are to be performed by that officer;

(d) the costs expected to be associated with the performance of those duties by that officer; and

(e) the need for officers to gain experience in the performance of those duties.

(7) Notwithstanding subregulation (2), a Secretary of a Department shall not give a direction to an officer in another Department without the approval of the Secretary of that other Department or the Board.

(8) A Secretary of a Department may, under subregulation (7), withhold his or her approval of a direction to perform duties where the Secretary considers that the performance of those duties by that officer would cause substantial difficulties or inefficiencies in the management or functioning of that Department.

(9) Where an officer is given a direction to perform duties of an office in a Department, the Secretary of the Department may, by writing:

(a) revoke the direction at any time; or

(b) vary the direction at any time by requiring the officer not to perform, or to cease performing, part of those duties after that time.

116B Directions to act in certain offices for more than 12 months or until the occurrence of an event

(1) This regulation applies to a direction to perform duties of an office any promotion to which under section 50 of the Act would be an appellable promotion.

(2) Where a Secretary of a Department gives a direction to an officer to perform duties of a higher office to which this regulation applies and the direction is expressed to continue in force:

(a) until the expiration of a day such that if the direction took effect and continued in force according to its terms, the officer would:

(i) in accordance with that direction; or

(ii) in accordance with that direction and any such previous direction or directions;

have performed duties of that office for a continuous period exceeding 12 months; or

the Secretary shall, as soon as practicable, cause the direction to be notified in accordance with subregulation (3).

(3) For the purposes of subregulation (2), a direction shall be notified by means of a notice:

(a) that reproduces the terms of the direction or otherwise indicates:

(i) the office to which the direction relates and, where the direction relates to part only of the duties of that office, that part;

(ii) the day (if any) on which the direction is expressed to take effect;

(iii) the day until the expiration of which, or the event until the occurrence of which, the direction is expressed to continue in force; and

(iv) the name and classification of the officer to whom the direction has been given; and

(b) that is circulated in or displayed at a locality or localities in a manner likely to bring it to the attention of officers stationed in that locality or those localities, as the case may be.

(4) A direction required to be notified in accordance with subregulation (3) takes effect on the day on which it is first so notified or, where a later day is specified, on that later day.

116C Appeals against selections of officer for directions to act

(1) In this regulation, notice of appeal means a notice referred to in paragraph (6) (a).

(2) Subject to subregulations (3) and (6), where an officer is given a direction referred to in subregulation 116B (2), the selection of that officer for that direction is subject to appeal.

(3) An appeal under subregulation (2) against the selection of an officer for a direction to perform duties of an office may be made only:

(a) by an officer in relation to whom the office is a higher office; and

(b) on the ground that the appellant would perform the duties with superior efficiency.

(4) Where an appeal is or appeals are made under subregulation (2) in respect of the selection of an officer for a direction to perform duties of an office, the Promotion Appeal Committee shall form an opinion as to the most efficient of the officers concerned, namely the officer directed to perform the duties and the officer or officers who has or have appealed.

(5) For the purpose of forming an opinion as to the most efficient of the officers concerned, the Promotion Appeal Committee shall have regard to:

(a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Committee considers that those matters are relevant to the performance of duties of the office; and

(b) if and only if the Secretary who made the selection has indicated that, for the purpose of making that selection, the Secretary had regard to the potential of officers for further career development in the Service, or the ability of officers to perform the duties of other offices in the Department of the same or equal classification — that matter.

(6) An appeal under subregulation (2) against the selection of an officer for a direction:

(a) shall be by notice in writing addressed to the Agency; and

(b) shall be made by delivering the notice of appeal in respect of that direction to the relevant address before the relevant time on the fourteenth day after the first day of notification of that direction in accordance with subregulation 116B (3).

(7) For the purposes of subregulation (6):

(a) the relevant address; and

(b) the relevant time;

in relation to the delivery of a notice of appeal in respect of an appeal against the selection of an officer for a direction to perform the duties of an office, are the relevant address and the relevant time, respectively, determined by the Agency by notice published in the Gazette, in respect of appeals of that type relating to that office or to a class of offices specified in the notice that includes that office.

(8) A determination under subregulation (7):

(a) may describe an office by reference to its location in a State, Territory or other place (whether within or outside Australia); and

(b) may specify a relevant time in respect of appeals relating to an office located in one place that differs from the time so specified in respect of appeals relating to an office located in another place or places.

116D Lapsing of appeals

(1) An appeal under subregulation 116C (2) against the selection of an officer for a direction to perform duties of an office for a period (in this subregulation referred to as the period of acting) shall lapse if:

(a) the appellant advises the Agency in writing that he or she does not intend to proceed with the appeal;

(b) the period of acting has expired;

(c) the appellant ceases to be an officer;

(d) the direction is revoked in respect of all of the duties to which it relates;

(e) the officer directed to perform those duties ceases to be an officer;

(f) the appellant has been promoted to an office of a classification equal to or higher than the classification of the office to which the direction relates and the promotion has taken effect; or

(g) the Secretary of a Department affected by the appeal advises the Agency that performance of those duties by the appellant would cause substantial difficulties or inefficiencies in the management or functioning of the Department.

(2) For the purposes of subregulation (1), a Department is affected by an appeal where the appeal is made by an officer of that Department or relates to an office in that Department.

(3) Advice referred to in paragraph (1) (g) that is given in relation to an appeal by an officer does not affect any other appeal by the officer.

116E Procedure where appeal is successful

(1) Where an appeal under subregulation 116C (2) against the selection of an officer for a direction to perform duties of an office in a Department is allowed by a Promotion Appeal Committee and the period for which those duties are to be performed has not expired, the Secretary of the Department shall, as soon as practicable after being advised by the Committee of its decision:

(a) revoke the direction; and

(b) give a direction to the successful appellant to perform those duties;

and the direction referred to in paragraph (b) shall be regarded as replacing the direction referred to in paragraph (a).

(2) A direction referred to in paragraph (1) (b):

(a) shall be expressed to continue in force until the expiration of the day or the occurrence of the event, as the case may be, specified in the direction it replaces;

(b) takes effect as soon as it is given;

(c) is not subject to appeal; and

(d) shall be deemed, for the purposes of these regulations (other than subregulations 116A (1) to (8) (inclusive) and regulations 116B, 116C and 116D), to be given under regulation 116A.

Division 6 Miscellaneous

117 Remote and other localities: transfers

(1) An officer of a Department who is stationed in a locality that is remote or where climatic conditions are severe may apply in writing to the Secretary of the Department to be transferred from that locality.

(2) In considering matters relevant to the selection of an officer to occupy a vacant office in a Department, the Secretary of the Department shall give special consideration:

(a) to any application under subregulation (1) by an officer of the Department:

(i) who is eligible to occupy that office; and

(ii) who occupies an office of the same, an equal or a higher classification; and

(b) to the duration of the period during which that officer has been stationed in the locality referred to in that subregulation.

Part VI Redeployment and retirement

Division 1 Senior Executive Service officers

120 Notice of redeployment or retirement: appeals: periods prescribed

(1) For the purposes of paragraph 76L (5) (a) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the giving of a notice to the officer under subsection 76L (3) of the Act, the period prescribed is the period of 14 days commencing on the day on which the notice is given by the Board to the officer.

(1A) For the purposes of subsection 76L (7) of the Act, a notice under subsection 76L (3) of the Act to an officer who has, under subsection 76L (3A) of the Act, consented to the giving of the notice takes effect on any day specified in the notice and agreed between the officer and the Board, being a day no earlier than the day on which the notice is given to the officer.

(1B) For the purposes of subsection 76L (7) of the Act, a notice given to an officer under subsection 76L (3) other than a notice referred to in subregulation (1A) takes effect:

(a) on the day specified in the notice as the day on which that notice takes effect being a day not earlier than the expiration of the period prescribed by subregulation (1);

(b) where the officer appeals against the giving of that notice and withdraws that appeal after the expiration of the period prescribed by subregulation (1) before the Appeal Committee determines that appeal under section 76M — on the day on which that appeal is withdrawn; or

(c) where the officer appeals against the giving of that notice and the Appeal Committee confirms the notice — on the day on which that notice is confirmed;

(2) For the purposes of subsection 76M (3) of the Act, in relation to an appeal by a Senior Executive Service officer to an Appeal Tribunal against the giving to the officer of a notice under subsection 76L (3) of the Act, the period prescribed is the period of 14 days commencing on the day on which the notice is given by the Board to the officer.

Division 2 Officers other than Secretaries of Departments and Senior Executive Service officers

120A Interpretation

In this Division, unless the contrary intention appears:

officer has the same meaning as in Division 8C of Part III of the Act.

120B Minimum retiring age: certain overseas staff

For the purposes of paragraph (a) of the definition of minimum retiring age in subsection 76U (2) of the Act, the age of 50 years is the minimum retiring age in respect of the class of officers each of whom:

(a) was engaged under section 82AF of the Public Service Act 1922 for service in Greece; and

(b) qualifies under the law of Greece for reduced early pension on turning 50.

120C Taking effect of notices reducing the classification of, or retiring, an officer

(a) a reference to action taken in relation to an officer under section 76W of the Act is a reference to:

(i) the proposed reduction of the classification of the officer; or

(ii) the proposed retirement of the officer from the Service;

under that section and, for the purposes of this regulation:

(iii) the matter referred to in each of the paragraphs in subsection 76W (6) of the Act shall be regarded as a ground for that action; and

(iv) a reference to the ground of invalidity is a reference to the matter referred to in paragraph 76W (6) (a) of the Act;

(b) a reference to an appeal in relation to a notice given under section 76W of the Act is a reference to an appeal under section 76Z of the Act against the giving of that notice;

(c) a reference to the appeal period is a reference to the period prescribed by regulation 120D.

(2) For the purposes of subsection 76W (5) of the Act:

(a) where an officer has consented to action being taken in relation to the officer under section 76W of the Act on the ground of invalidity — a notice given to the officer by the Secretary or the Board under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the officer and the Secretary, or between the officer and the Board, as the case may be, whether before or after the day on which the notice is given to the officer; and

(b) where an officer has consented to action being taken in relation to the officer under section 76W of the Act on any other ground — a notice given to the officer by the Secretary or the Board under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the officer and the Secretary, or between the officer and the Board, as the case may be, being a day no earlier than the day on which the notice is given to the officer.

(3) For the purposes of subsection 76W (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76W of the Act on the ground of invalidity, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect:

(a) in accordance with subregulation (6); or

(b) where under an industrial award that is applicable to the officer the notice would not take effect until the day immediately following the day on which the officer exhausts any full-pay sick leave credits to which the officer may be entitled before retirement in accordance with that award and the day that so follows occurs after the time so determined — on that day.

(4) For the purposes of subsection 76W (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76W of the Act on the ground that the officer is an excess officer, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect:

(a) in accordance with subregulation (6); or

(b) where under an industrial award that is applicable to the officer the notice would not take effect until the end of a retention period that ends in relation to that officer after the time so determined — at the end of that period.

(5) For the purposes of subsection 76W (5) of the Act, where an officer has not consented to action being taken in relation to the officer under section 76W of the Act on a ground other than invalidity or the ground that the officer is an excess officer, a notice given to the officer by the Secretary or the Board under that section for the purposes of that action takes effect in accordance with subregulation (6).

(6) For the purposes of subregulation (3), (4) or (5), a notice under section 76W of the Act given to an officer referred to in that subregulation takes effect:

(a) on the day (if any) specified in the notice as the day on which that notice takes effect;

(b) one month after the day on which the notice is given to the officer;

(c) where the officer appeals against the giving of the notice and withdraws that appeal after the expiration of the appeal period before the Appeal Committee determines the appeal — on the day on which that appeal is withdrawn; or

(d) where the officer appeals against the giving of the notice and the Appeal Committee confirms the notice — on the day on which that notice is confirmed;

120D Appeals

For the purposes of subsection 76Z (1) of the Act, the period of 14 days is prescribed.

Division 3 Prescribed Commonwealth authorities temporary provisions

120E Application of Division 8C of Part III of the Act

For the purposes of subsection 129 (2) of the Public Service Legislation (Streamlining) Act 1986, Division 8C of Part III of the Act applies in relation to the staff of an authority or body that, immediately before the commencement of section 129 of the Public Service Legislation (Streamlining) Act 1986, was a prescribed Commonwealth authority within the meaning of the Commonwealth Employees (Redeployment and Retirement) Act 1979, subject to the following modifications, namely the substitution for the provisions of that Division of the provisions set out in Schedule 1F.

Part VIII Employees

121 Principal relevant staff association in respect of employees

For the purposes of paragraph 82 (2) (b) of the Act, in relation to employment in a particular capacity, the relevant staff organization that has, as members of the organization, the greatest number of persons who are:

(a) employed in that capacity in the Service; or

(b) officers having a classification that corresponds to that capacity;

is declared to be the principal relevant staff organization in relation to employment in that capacity.

122 Prescribed schemes

Each of the following schemes, being a scheme for enabling persons to gain ability for the purpose of participating in the Australian work-force, is a prescribed scheme for the purposes of section 82AG of the Act, namely:

(a) each project for the creation of employment approved under section 4 of the Community Employment Act 1983;

(b) the program known as the Aboriginal Employment Development Policy;

(c) the program known as Jobstart;

(d) the program known as the Australian Traineeship System;

(e) the program known as the Australian Public Service Post‑Secondary Industrial Training Scheme;

(f) the program known as the Australian Public Service Apprenticeship Scheme;

(g) the program known as the Australian Public Service Enrolled Nurse-in-Training Scheme;

(h) the program known as the Australian Public Service Student Nurse Scheme;

(i) the program known as the JOBSKILLS program;

(j) the program known as the Australian Public Service National Training Wage Program;

(k) the program known as the Disability Employment Enhancement Scheme.

125 General obligations of employee

Subject to the Act and these regulations, an employee has, in addition to the obligations expressly imposed on him by these regulations, the obligations that are imposed by these regulations on an officer.

Part IX Discipline in relation to officers

139 Interpretation of Part IX

(2) In this Part, unless the contrary intention appears:

Board of Inquiry means a Board of Inquiry appointed under subsection 57 (6) of the Act.

Director means the Director of the Merit Protection and Review Agency established by section 5 of the Merit Protection (Australian Government Employees) Act 1984.

Disciplinary Appeal Committee has the same meaning as in Subdivision A of Division 6 of Part III of the Act.

proceeding means:

(a) in relation to a Board of Inquiry, an inquiry into a charge under subsection 57 (5) of the Act; and

(b) in relation to a Disciplinary Appeal Committee, the hearing of an appeal under section 63D, 63F, 63P or 66B of the Act or the conduct of a review under section 63G of the Act;

or any part of such an inquiry, hearing or review.

review means a review of a finding or of action taken referred to in section 63G of the Act, as the case requires.

Secretary, in relation to a person who:

(a) has been dismissed from the Service under section 62 or 63 of the Act;

(b) is deemed, under section 66A of the Act, to have retired from the Service; or

(c) is an unattached officer within the meaning of Subdivision D of Division 6 of Part III of the Act;

means:

(d) the Secretary of the Department in which the person last held office or, where that person did not hold office, the Department in which the person last performed duties; or

(e) where that Department has been abolished — a Secretary selected by the Board having regard to the duties last performed in the Service by that person;

as the case requires.

(3) For the purposes of the definition of salary in subsection 55 (1) of the Act salary, in relation to an officer who is suspended from duty under section 57, 59 or 63B of the Act, includes any allowance that, but for the Act, could not lawfully have been paid other than an allowance payable under any determination made under section 82D of the Act in respect of:

(a) electricity;

(b) medical, dental or specialist treatment;

(c) accommodation on transfer of a person from one locality to another;

(d) the cost of fares of children attending school away from the locality at which a person is stationed;

(e) education costs of children attending school away from the locality at which a person is stationed; or

(f) the sale or purchase of a home.

140 Manner of appeal to Disciplinary Appeal Committee

(1) An appeal to a Disciplinary Appeal Committee under section 63D, 63F or 63P of the Act shall be made in writing and addressed to and lodged with the Director.

(2) An appeal to a Disciplinary Appeal Committee under subsection 63D (2) or 63P (1) of the Act shall specify the ground or grounds specified in that subsection on which the appeal is made.

141 Time for appealing to Disciplinary Appeal Committee

(1) Subject to subregulation (2), an appeal referred to in subregulation 140 (1) shall be lodged with the Director by delivering it to, or posting it as a letter so as to be received by, the Director within the period of 14 days after the day on which the appellant was furnished, or is under subregulation 6A (2) to be deemed to have been furnished, with the particulars of reasons, or reasons, referred to in subsection 62 (9) or 63 (4), paragraph 63F (7) (a) or subsection 63K (4), 63L (4) or 63M (2), as the case may be, of the Act or within such further period as the person who is required to furnish those particulars of reasons, or reasons, to that appellant considers reasonable.

(2) Where, in relation to an appeal referred to in subregulation 140 (1), an appellant, or any person on behalf of such an appellant, applies in writing to the Director for an extension of a period referred to in subregulation (1), the Director may, if there is reasonable ground for so doing, extend that period by such further period as he considers reasonable.

(3) For the purposes of this regulation, the Director shall, by notice published in the Gazette, nominate a place or places to which appeals may be delivered or posted and to which applications for extension of time may be directed.

145 Furnishing of documents to appellants and persons requesting a review

(1) Subject to subregulations (3) and (4), where a Board of Inquiry is to inquire into a charge, the Public Service Board shall:

(a) furnish the charged officer with a copy of all documents intended to be used in the inquiry; and

(b) where practicable, do so at least 7 days before the inquiry is to commence.

(2) Subject to subregulations (3) and (4), where a Disciplinary Appeal Committee is to hear and determine an appeal, review a finding or review action taken in respect of a charge, the Secretary of the person appealing or requesting the review shall:

(a) furnish that person with a copy of all documents intended to be used in the hearing of the appeal or in the review, as the case may be; and

(b) where practicable, do so at least 7 days before the hearing or review is to commence.

(3) Where:

(a) a document referred to in subregulation (1) or (2) contains information of a medical or psychiatric nature concerning the person to whom it is to be furnished under that subregulation; and

(b) it appears to the Public Service Board or Secretary, required by that subregulation to furnish that document to that person, that the disclosure of that document to that person might be prejudicial to the physical or mental health or well-being of that person;

the Public Service Board or Secretary, as the case may be, may refuse to furnish that person with that document.

(4) Where:

(a) a document referred to in subregulation (1) or (2) contains information that is relevant to a person other than the charged officer, appellant or person seeking a review; and

(b) the furnishing of that document in accordance with that subregulation might be prejudicial to the other person to whom the information referred to in paragraph (a) is relevant;

the Public Service Board or Secretary, as the case may be, may refuse to furnish that document to that charged officer, appellant or person requesting a review.

(5) Where the Public Service Board or a Secretary refuses under subregulation (3) or (4) to furnish a person with a document, the Public Service Board or that Secretary, as the case requires, shall notify forthwith that person and the Board of Inquiry or Disciplinary Appeal Committee hearing the appeal of that refusal and of the subregulation under which it was made.

(6) Where, in relation to a proceeding before a Board of Inquiry or a Disciplinary Appeal Committee, a charged officer, appellant or person requesting a review has not been furnished with a copy of a document that is intended to be used in the proceeding or has been furnished with that document less than 7 days before the proceeding commenced, a person shall not use that document in that proceeding unless he has:

(a) notified that Board or Committee accordingly; and

(b) furnished that Board or Committee with that document and with the reasons for not furnishing, or for furnishing less than 7 days before the proceeding commenced, the charged officer, appellant or person requesting a review, as the case requires, with a copy of that document.

(7) Where a Board of Inquiry or Disciplinary Appeal Committee hearing a proceeding is notified under subregulation (6) that a charged officer, appellant or person requesting a review has not been furnished with a document or has been furnished with a document less than 7 days before that proceeding commenced, that Board or Committee may, after consideration of the contents of the document and of the reasons furnished to it under paragraph (6) (b), subject to subregulation 16 (3) of the Merit Protection (Australian Government Employees) Regulations:

(a) order that the document be furnished or shown to that charged officer, appellant or person requesting a review before it is used in that proceeding;

(b) where the document is a document to which subregulation (3) applies — order that the document be furnished to a medical practitioner nominated for the purpose by the charged officer, appellant or person requesting a review, as the case may be;

(c) order that the document not be used in the proceeding; or

(d) permit the document to be used in that proceeding;

and in so doing may make such orders in relation to the furnishing of that document to the charged officer, appellant or person requesting a review (including, without limiting the generality of the foregoing, orders adjourning the proceeding) as that Board or Committee thinks fit.

(8) In this regulation document includes any part of a document.

148 Hearing to be in public except in special circumstances

(1) Subject to this regulation, a proceeding before a Board of Inquiry shall be in public.

(2) Where a Board of Inquiry is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, that Board may, by order:

(a) direct that a proceeding take place in private and give directions as to the persons who may be present at that proceeding;

(b) give directions prohibiting or restricting the publication of evidence given before that Board, whether in public or in private, or of matters contained in documents lodged with that Board or received in evidence by that Board; or

(c) give directions prohibiting or restricting the disclosure to some or all of the parties to a proceeding of evidence given before that Board, or of the contents of a document lodged with that Board, in relation to the proceeding.

(3) In considering:

(a) whether the hearing of a proceeding should be held in private; or

(b) whether publication, or disclosure to some or all of the parties, of evidence given before a Board of Inquiry or of a matter contained in a document lodged with that Board or received in evidence by it, should be prohibited or restricted;

that Board shall take as the basis of its consideration the principle that it is desirable that hearings of proceedings before it should be held in public and that evidence given before it and the contents of documents lodged with it or received in evidence by it should be made available to the public and to all the parties, but shall pay due regard to any reasons given to it why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

(4) Notwithstanding subregulations (1), (2) and (3), where a Board of Inquiry reports in accordance with subsection 57 (5) of the Act that it finds a charge proved, the Board of Inquiry shall furnish the Public Service Board with a copy of all of the evidence taken by it in relation to the charge.

149 Witnesses

(1) For the purposes of a proceeding before a Board of Inquiry, the Chairman of that Board may, by writing under his hand, summon a person to attend before that Board to give evidence and to produce such documents (if any) as are referred to in the summons.

151 Witnesses expenses

(1) A person, other than a person referred to in subregulation (4), who is summoned to attend, and attends, for the purpose of giving evidence in an inquiry made by a Board of Inquiry, and who applies to the Chairman of that Board for the payment of costs reasonably incurred by him in relation to that attendance, is entitled to the payment by the Commonwealth to him of those costs assessed by that Chairman in accordance with the scale applicable to witnesses expenses payable under the Public Works Committee Regulations.

(2) An assessment made under subregulation (1) shall be in writing and shall be furnished to the person in respect of whom it is made.

(3) An amount payable to a person in accordance with subregulation (1) is payable to him, upon tender of a copy of the assessment referred to in subregulation (1):

(a) if the person charged holds an office of Secretary of a Department — by that Department; or

(b) if the person charged is an unattached Secretary — by the Department of which the person was Secretary immediately before becoming an unattached Secretary.

(4) This regulation does not apply to officers or employees summoned to give evidence.

152 Representation of parties

(1) A person who is a party to a proceeding before a Board of Inquiry is entitled to examine witnesses and address that Board at that proceeding.

(2) A person referred to in subregulation (1) may be represented at a proceeding referred to in that subregulation by a legal practitioner or some other person and the legal practitioner or other person may examine witnesses and address the Board of Inquiry on behalf of the person referred to in that subregulation.

153 Protection of members of Boards of Inquiry, witnesses, etc

(1) An action or proceeding, civil or criminal, does not lie against a person who is a Chairman or member of a Board of Inquiry for or in respect of any act or thing done in good faith by the person in his capacity as such a Chairman or member.

(2) A legal practitioner representing a party to a proceeding before a Board of Inquiry has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3) Subject to this Part:

(a) a person summoned to attend or appearing before a Board of Inquiry to give evidence at a proceeding; or

(b) a person, other than a legal practitioner, representing a party at the hearing of a proceeding before a Board of Inquiry;

has the same protection, and is, in addition to the penalties provided by this Part, subject to the same liabilities, in any civil or criminal proceedings, as a witness in proceedings in the High Court.

154 Notification of findings of Board of Inquiry

Where a Board of Inquiry makes a finding under subsection 57 (5) of the Act, it shall, as soon as practicable after it has completed its inquiry, notify the officer charged, the Minister and the Public Service Board in writing of its finding and of the reasons for its finding.

156 Payment of costs

(1) Where a charge into which a Board of Inquiry was inquiring is, as a result of that inquiry, found not to be proved the Board of Inquiry that conducted the inquiry shall consider and determine whether the Public Service Board should pay the whole or part of the costs incurred in that inquiry by the officer charged.

(2) Where a Board of Inquiry determines under subregulation (1) that the Public Service Board should pay the whole or part of the costs incurred by an officer charged, the Public Service Board shall pay to that officer the amount that the Board of Inquiry has so determined.

157 Costs of lapsed inquiry

(1) Where an inquiry being conducted under subsection 57 (5) of the Act by a Board of Inquiry lapses because of the death, mental or physical incapacity or compulsory retirement of the charged officer, an application for payment of the costs reasonably incurred by the charged officer in the inquiry may be made to the Public Service Board by that charged officer or by a person administering his affairs or estate under a law of the Commonwealth or of a State or of a Territory, or by a member of his family, as the case requires.

(2) Where, in the case of a lapsed inquiry referred to in subregulation (1), the Public Service Board receives an application under that subregulation, it shall pay to the applicant the costs to which the application relates.

(3) In this regulation a reference to a member of the family of a person shall be read as including a reference to a parent, spouse, de facto spouse or child of that person, or the de facto spouse of a child of that person.

158 Recording of action taken

(1) Subject to this regulation, where action other than counselling is taken under, or by virtue of the application of, section 57, 58, 62, 63, 63D, 63K, 63L, 63M or 63S of the Act in relation to an officer, the Secretary shall cause a record of the action so taken to be entered in an official conduct record kept and maintained in relation to that officer.

(2) Notwithstanding the provisions of this regulation, the Secretary shall not enter under subregulation (1) a record of action taken in relation to an officer while that action is or may become the subject of an appeal to a Disciplinary Appeal Committee under section 63D or 63P of the Act.

(3) Subject to subregulation (5), the record of action entered under subregulation (1) in the official conduct record of an officer shall be kept:

(a) in the case of admonition — for a period of 2 years; or

(b) in any other case — for a period of 5 years;

after the date of the taking of the action, at the expiration of which period the Secretary shall cause the record of that action to be destroyed.

(4) Where an officer is promoted or transferred from one Department to another Department, the appropriate officer of the Department from which the officer is promoted or transferred shall transmit the official conduct record of the officer to the appropriate officer of the Department to which the officer is promoted or transferred and that record shall be maintained in accordance with this regulation.

(5) Notwithstanding subregulation (3), where:

(a) a record of action is entered under subregulation (1) in the official conduct record of an officer;

(b) a record of action that had previously been taken in relation to that officer is entered in that record; and

(c) the period of time for which the record of the action referred to in paragraph (b) is to be kept under subregulation (3) has not expired;

the record of action referred to in paragraph (b) shall be kept until the record of action referred to in paragraph (a) is to be destroyed in accordance with subregulation (3).

(6) Where, under Division 6 of Part III of the Act, an officer is dismissed from the Service or reduced to an office of lower classification, the provisions of this regulation do not operate so as to require the expunging of a reference to the dismissal or reduction from any record kept in relation to the officer other than his official conduct record or so as to require the destruction of any record other than his official conduct record.

(7) Nothing in this regulation affects the taking, keeping or maintaining of any record, other than an official conduct record, in relation to an officer, under the provisions of the Act or these regulations.

(8) Where, before the commencement of this regulation, a record of a punishment has been made in the official conduct record of an officer under regulation 24 of the Public Service Regulations as in force immediately before the commencement of this regulation, and where such a record has not been destroyed, that record shall be deemed to have been made under this regulation and the provisions of this regulation apply mutatis mutandis to that record as if this regulation had been in operation when that record was so made.

159 Amendment of official conduct record

Where an official conduct record is kept, in relation to an officer, under regulation 158 and where, in relation to that officer:

(a) a conviction is regarded under section 63F of the Act as having been nullified; or

(b) a Disciplinary Appeal Committee, after review, quashes a finding, or the Public Service Board takes action to recompense a person to whom the finding relates or to mitigate the severity of action taken in respect of a charge;

the Secretary shall cause the entry in that official conduct record in relation to that conviction or finding to be deleted or amended accordingly.

160 Delegation

The Director may delegate to a person any of the Director’s powers under this Part.

Part X Discipline in relation to unattached officers and employees

161 Interpretation

In this Part, unless the contrary intention appears:

authorized officer means an officer authorized by a Secretary for the purposes of subsection 61 (2) of the Act.

employee means an employee to whom this Part applies by virtue of the application of regulation 165.

unattached officer has the same meaning as in Subdivision D of Division 6 of Part III of the Act.

162 Misconduct in relation to unattached officers

(1) In this regulation, unless the contrary intention appears, misconduct has the same meaning as in Subdivision D of Division 6 of Part II of the Act.

(2) For the purposes of subsection 63K (1) of the Act, where there are reasonable grounds for belief that an unattached officer may, before he became an unattached officer, have committed misconduct, and where an authorized officer decides that that unattached officer should be charged with misconduct committed by him before he became an unattached officer, that authorized officer may so charge that unattached officer in accordance with this regulation.

(3) For the purposes of subsection 63L (1) of the Act, where there are reasonable grounds for belief that an unattached officer may have committed misconduct while he was an unattached officer, and where an authorized officer decides that that unattached officer should be charged with that misconduct, that authorized officer may so charge that unattached officer in accordance with this regulation.

(4) Where an authorized officer referred to in subregulation (2) or (3) decides that an unattached officer should be charged in accordance with this regulation, that authorized officer shall:

(a) by writing under his hand delivered to that unattached officer, charge that unattached officer with the misconduct referred to in subregulation (2) or (3) as the case requires; and

(b) upon request by the unattached officer so charged, furnish copies of the charge to either or both of the following, that is to say:

(i) to an organization specified by that unattached officer, being an organization within the meaning of the Conciliation and Arbitration Act 1904; or

(ii) to a person, specified by that unattached officer, being a person whom the unattached officer wishes to assist him in relation to the charge.

(5) Where an authorized officer charges an unattached officer for the purposes of section 63K or 63L of the Act, he shall furnish a copy of that charge forthwith to the Board.

163 Inquiries into charges against unattached officers

(1) For the purpose of subsections 63K (2) and 63L (2) of the Act, if an unattached officer is charged under regulation 162, an inquiry into the charge must, without undue delay, be held by:

(a) the Secretary to the Department in which the officer is, under section 33C of the Act, included; or

(b) an officer appointed for the purpose by that Secretary.

(2) An inquiry into a charge shall not be held under subregulation (1):

(a) by an officer who has furnished a report in respect of any of the matters alleged to constitute the misconduct to which the charge relates; or

(b) by the officer who laid the charge.

(3) In an inquiry for the purposes of subregulation (1), a formal hearing is not required, but the charged unattached officer shall be notified that an inquiry is to be held into the alleged misconduct and given an opportunity to state, in writing, within 7 days or such longer period as the person holding the inquiry may allow after the notice is furnished to him, whether he admits or denies the truth of the matters alleged to constitute the misconduct and to furnish a statement in relation to those matters, including a statement submitting that the matters alleged to constitute the misconduct are, even if true, incapable in law of constituting the misconduct for the purposes of the Act or these regulations.

(4) Where, in relation to an inquiry under subregulation (1), a charged unattached officer has furnished a statement in relation to the matters alleged to constitute misconduct, the officer shall, if he so requests, be given the opportunity of making a further oral statement to the person holding the inquiry and, if he does so, a written record of his further statement shall be made by that person.

(5) An unattached officer who has been charged with misconduct under regulation 162 shall not, by reason only of having failed to deny the truth of a matter included among matters alleged to constitute the misconduct, be taken to have admitted the truth of that matter.

164 Persons who may inquire into offences by unattached officers

For the purpose of paragraph 63M (1) (b) of the Act, the prescribed classes of persons are:

(a) Secretaries within the meaning of the Act; and

(b) Senior Executive Service officers.

164A Application of sections 63B and 63C of the Act to unattached officers

For the purposes of subsection 63JA (1) of the Act (which deals with suspension of unattached officers), sections 63B and 63C of the Act (which deal with the suspension of officers other than a Secretary or unattached Secretary and the removal and variation of the suspension, respectively) apply in relation to unattached officers as if they read as set out in Schedule 5.

165 Employees to whom this Part applies

This Part applies to an employee referred to in paragraph 63T (a), (b) or (c) of the Act other than:

(a) an employee who is employed or engaged overseas to perform duties overseas; or

(c) an employee employed under subsection 30 (8) of the Public Service and Statutory Authorities Amendment Act 1985, or under section 82AG of the Act, in or under:

(i) the program known as the Australian Traineeship System; or

(ii) the program known as the Australian Public Service Post-Secondary Industrial Training Scheme; or

(iii) the program known as the Australian Public Service Apprenticeship Scheme; or

(iv) the program known as the Australian Public Service Enrolled Nurse-in-Training Scheme; or

(v) the program known as the Australian Public Service Student Nurse Scheme; or

(vi) the program known as Jobstart; or

(vii) the program known as the Australian Public Service National Training Wage Program; or

(viii) the program known as the Disability Employment Enhancement Scheme; or

(d) an employee, employed under a scheme referred to in paragraph 122 (a) or (b), who has been employed in a Department to perform duties under that scheme and who has been so employed for a period of less than one year.

166 Application of Division 6 of Part III of the Act and
Parts IX and X to employees

For the purposes of section 63T of the Act, the provisions of Subdivisions A, C and D of Division 6 of Part III of the Act, of section 63R of the Act and of regulations 139 to 146 (inclusive) and 148 to 164 (inclusive) apply, subject to the modifications and adaptations specified in regulations 167 and 168, to and in relation to an employee to whom this Part applies as if, unless the contrary intention appears, a reference in those provisions:

(a) to employment included a reference to engagement under the Act;

(b) to the Service included a reference to the Department in which that employee is employed under the Act;

(c) to an officer included a reference to such an employee;

(d) to an unattached officer within the meaning of Subdivision D of Division 6 of Part III of the Act were a reference to an employee to whom this Part applies and who is employed or engaged to perform duties on the personal staff of a Minister or of another member of Parliament; and

(e) to an office included a reference to employment or engagement under the Act.

167 Modification and adaptation of certain provisions of the Act

The provisions of the Act specified in regulation 166 are modified and adapted for the purposes of section 63T of the Act and that regulation as follows:

(a) section 55:

(iv) by omitting from subsection (1) the definition of “original office” and substituting the following definition:

“original office means, in the case of a person:

(a) who has been dismissed from employment under section 62, 63 or 63M; or

(b) who has been transferred to other duties under section 62, 63 or 63D;

the duties performed by him immediately before his dismissal or transfer, as the case may be;”

(v) by omitting subsection (2);

(vi) by inserting in subsection (3) “or by performing duties as an employee in a Department” after “a Department”; and

(vii) by omitting subsection (4);

(b) section 56 — by omitting from paragraph (g) “appointment to the Service” and substituting “employment under this Act”;

(c) the heading to Subdivision C of Division 6 of Part III — by omitting “other than Secretaries of Departments”;

(e) section 62:

(i) by omitting from subparagraph (iii) of paragraph (a) of subsection (6) “occupies an office” and substituting “performs duties”;

(ii) by omitting from subparagraph (iv) of paragraph (a) of subsection (6) all the words after “to” and substituting “other duties for which he is qualified (whether at the same or a different locality);”;

(iii) by omitting from subparagraph (v) of paragraph (a) of subsection (6) all the words and figures after “officer” and substituting “to other duties for which he is qualified (whether at the same or a different locality) and causing a sum, not exceeding $500, to be deducted from his salary;”;

(iv) by omitting from subparagraph (vi) of paragraph (a) of subsection (6) “occupies an office” and substituting “performs duties”;

(v) by omitting from subparagraph (vi) of paragraph (a) of subsection (6) “to a specified office (whether at the same or a different locality), being an office for which he is qualified and which has the same classification as the classification of the office held by him” and substituting “to other duties for which he is qualified (whether at the same or a different locality)”;

(vi) by omitting from subparagraph (vii) of paragraph (a) of subsection (6) all the words after “officer” and substituting “to other duties for which he is qualified (whether at the same or a different locality) and the salary or the salary range applicable to which is lower than his salary immediately before the inquiry;”; and

(vii) by omitting from paragraph (b) of subsection (6) “the Service” and substituting “his employment”;

(f) section 63:

(ii) by omitting paragraph (c) of subsection (1) and substituting the following paragraph:

“(c) direct that there be taken, in the case of an employee, action by way of transferring him to other duties for which he is qualified (whether at the same or a different locality) and the salary or salary range applicable to which is the same as or lower than that applicable to the duties of the employee immediately before the Secretary so directs; or”; and

(iii) by omitting from paragraph (d) of subsection (1) “the Service” and substituting “his employment”;

(i) section 63C:

(i) by omitting from subsection (7) “outside the Service”;

(ii) by omitting from subsection (8) “outside the Service”;

(iii) by omitting from subsection (10) “the Service” and substituting “his employment”;

(iv) by omitting from subsection (11) “the Service” and substituting “his employment”; and

(v) by omitting from subsection (12) “the Service” and substituting “his employment”;

(l) section 63F:

(i) by omitting from subsection (2) “the Service” (first occurring) and substituting “his employment”;

(ii) by omitting from subsection (2) “re-appointment to the Service” and substituting “re-employment or re‑engagement”;

(iii) by omitting from subsection (3) “another office” and substituting “other duties”;

(iv) by omitting from paragraph (a) of subsection (4) “the Service” and substituting “his employment”;

(v) by omitting from paragraph (b) of subsection (4) “re-appointed to the Service” and substituting “re‑employed or re-engaged under the Act”;

(vi) by omitting from paragraph (a) of subsection (6) “re‑appointed to the Service, or transferred or promoted to” and substituting “re-employed or re‑engaged under the Act or transferred”;

(vii) by omitting from paragraph (a) of subsection (6) “so re-appointed, transferred or promoted” and substituting “so re-employed, re-engaged or transferred”;

(viii) by omitting from paragraph (b) of subsection (8) “re-appointed to the service, or be transferred or promoted” and substituting “re-employed or re‑engaged under the Act or be transferred”;

(ix) by omitting from subparagraph (1), (ii) and (iii) of paragraph (a) of subsection (9) “appoint the applicant to the Service” and substituting “employ or engage the applicant”;

(x) by omitting from subparagraph (i) of paragraph (a) of subsection (9) “another office” and substituting “elsewhere”;

(xi) by omitting from subparagraph (iii) of paragraph (a) of subsection (9) “another office” and substituting “elsewhere”;

(xii) by inserting in subsection (10) “or re-engaged or re‑employed” after “Service” (first occurring);

(xiii) by inserting in subsection (10) “or re-engage or re‑employ that person” after “Service” (second occurring);

(xiv) by omitting from subsection (11) “the Service, is re‑appointed to the Service” and substituting “his employment, is re-employed or re-engaged”;

(xv) by omitting from subsection (11) “so re-appointed” and “in the Service” and substituting “so re‑employed or re-engaged” and “in that employment” respectively; and

(xvi) by omitting from subsection (12) all the words after “means” and substituting “employment the duties of which were performed by that person or officer, equivalent employment, or, if such employment is not available, employment determined by the Board to be as nearly as possible equivalent to the duties in which that person or officer was originally employed or engaged”;

(m) section 63G:

(i) by omitting from subparagraph (iii) of paragraph (a) of subsection (1) “another office” and substituting “other duties”;

(ii) by omitting from subparagraph (iv) of paragraph (a) of subsection (1) “the Service” and substituting “his employment”;

(iii) by omitting from paragraph (b) of subsection (1) “the Service” and substituting “his employment”;

(iv) by omitting from paragraph (a) of subsection (7) “the Service” (first occurring) and substituting “his employment”;

(v) by omitting subparagraph (i) of paragraph (a) of subsection (7) and substituting the following subparagraph:

“(i) re-employ or re-engage the person in an appropriate office within the meaning of subsection 63F (12);”;

(vi) by omitting paragraph (b) of subsection (7) and substituting the following paragraph:

“(b) in relation to a person who had been transferred — direct that he be transferred to an appropriate office within the meaning of subsection 63F (12).”;

(vii) by omitting from subsection (9) “the Service, is re‑appointed to the Service” and substituting “his employment, is re-employed or re-engaged”; and

(viii) by omitting from subsection (9) “so re-appointed” and “in the Service” and substituting “so re‑employed or re-engaged” and “in that employment” respectively;

(n) section 63J — by omitting the definition of “unattached officer” in subsection (1);

(o) section 63K — by omitting from subsection (3) “the Service” and substituting “his employment”;

(p) section 63L — by omitting from subsection (3) “the Service” (last occurring) and substituting “his employment”; and

(q) section 63M — by omitting from subsection (1) “the Service” (last occurring) and substituting “employment”.

168 Modification and adaptation of regulations 148 and 158

The provisions of the regulations specified in regulation 166 are modified and adapted for the purposes of that regulation as follows:

(b) regulation 148 — by omitting from subregulation (4) “the Service” and substituting “his employment”; and

(c) regulation 158 — by omitting from subregulation (6) “the Service” and substituting “his employment”.

Part XI Officers holding public offices or employed by public authorities

169A Bodies declared not to be Commonwealth authorities for Part IV of the Act

For paragraph (a) of the definition of Commonwealth authority in subsection 87 (1) of the Act, a body specified in column 2 of an item in Schedule 1G is declared not to be a Commonwealth authority for the purposes of Part IV of the Act on and after the date specified for the body in column 3 of the item.

171 Offices and appointments declared not to be Commonwealth offices for Part IV of the Act

For paragraph (n) of the definition of Commonwealth office in subsection 87 (1) of the Act, an office or appointment specified in column 2 of an item in Schedule 3 is declared not to be a Commonwealth office for the purposes of Part IV of the Act on and after the date specified for the office or appointment in column 3 of the item.

173 Notification to a person who has become excess

(1) For the purposes of paragraphs 87JB (1) (b), 87JC (1) (b), 87SB (1) (b), 87SC (1) (b), 87UB (1) (b) and 87UC (1) (b) of the Act, an officer or a person must be notified:

(a) in writing delivered by hand or security post; or

(b) if he or she agrees — by electronic mail or facsimile message.

(2) The recipient is taken to be notified on the day on which:

(a) the delivery is made by hand; or

(b) in any other case — the mail or facsimile message is sent.

174 Conditions and procedures on transfer or promotion

Regulations 106, 107 and 109 to 115H (inclusive) apply in relation to a person to whom Division 3 of Part IV of the Act applies as if that person:

(i) subject to subparagraph (ii) — the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or

(ii) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer — having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer.

175 Payment of travelling or motor vehicle allowance

Any determination made under section 82D of the Act in respect of travelling allowance or the use of a private vehicle for official purposes applies in relation to a person to whom Division 3 of Part IV of the Act applies, for the purposes of that person exercising a right under section 50, 50DA, 53 or 53A of the Act by virtue of subsection 87M (1) of the Act, as if that person:

(i) subject to subparagraph (ii) — the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or

(ii) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer — having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer.

176 Payment of allowances to persons promoted or transferred

Any determination made under section 82D of the Act in respect of travelling allowance, the use of a private vehicle for official purposes or any allowance payable on transfer of a person from one locality to another applies, in relation to a person to whom Division 3 of Part IV of the Act applies and who has been transferred or promoted to an office in the Service in accordance with section 50, 50DA, 53 or 53A of the Act by virtue of subsection 87M (1) of the Act, between the time of the transfer or promotion and the commencement by him to perform the duties of that office, for the purposes of that person taking up the office to which he has been promoted or transferred, as if that person:

(i) subject to subparagraph (ii) — the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or

(ii) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer — having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer.

176A Commonwealth office: subsection 87 (1) of the Act

The office or appointment of a representative in another country of the Government of the Commonwealth is declared to be a class of Commonwealth offices for the purposes of Part IV of the Act.

177 Public offices: subsection 87 (1) of the Act

(1) The offices of:

(a) Director of Legal Aid created under the Legal Aid Act 1978 of the State of Queensland;

(b) Assistant Director of Legal Aid created under that Act;

(c) Director of Legal Aid created under the Legal Aid Commission Act 1978 of the State of Victoria; and

(d) Director of Legal Aid created under the Legal Aid Commission Act, 1976 of the State of Western Australia;

are prescribed for the purposes of paragraph (b) of the definition of public office in subsection 87 (1) of the Act.

(2) The office of Director of Legal Services created under the Legal Services Commission Act, 1977 of the State of South Australia, the holder of which is appointed by the Legal Services Commission under that Act, is prescribed for the purposes of paragraph (c) of the definition of public office in subsection 87 (1) of the Act.

(3) This regulation applies in relation to an office only while it is held by a person who immediately before appointment to that office was:

(a) a member of the staff of the Australian Legal Aid Office; or

(b) a member of the staff of a Legal Aid Commission or Legal Services Commission of a State and immediately before becoming such member was a member of the staff of the Australian Legal Aid Office.

Part 12 Transitional

178 Transitional — application of regulation 116B

Paragraph 116B (2) (a), as in force immediately before the commencement of this regulation, applies to a direction to which regulation 116B applies that was given before that commencement.

Schedule 1A Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons appointed as officers, or engaged as employees, under the Commonwealth Teaching Service Act 1972

(regulation 70A)

“appropriate staff organization” in relation to an office, or to employment in a particular capacity, in a component of the Service means an organization:

(b) for membership of which the person holding that office or employed in that capacity would be eligible; and

(c) that is a party to an industrial award that applies in relation to the salary payable in respect of the office, or in respect of employment in the capacity, being an industrial award to which the Minister administering the Commonwealth Teaching Service Act 1972 is also a party.

“employment matters”, in relation to a component of the Service, means:

(a) the selection of persons for appointment as officers in, or for engagement as temporary employees in relation to, that component;

(b) the promotion and transfer of officers to offices in that component;

(c) the transfer of temporary employees to positions in that component;

(d) training and staff development for officers and temporary employees in that component;

(e) conditions of service of officers and temporary employees in that component; and

(f) any other matter related to the employment of officers and temporary employees in that component;

“equal employment opportunity program”, in relation to a component of the Service, means a program designed to ensure that:

(a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters in that component; and

(b) measures are taken to enable women and persons in designated groups to:

(i) compete, if they are officers, for promotion and transfer in that component;

(ii) compete, if they are temporary employees, for transfer in that component; and

(iii) pursue careers in that component;

as effectively as other persons.

“unjustified discrimination” includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.

(2) Without limiting the generality of the definition of “equal employment opportunity program” in subsection (1), the equal employment opportunity program for a component of the Service

(a) examine practices in relation to employment matters in that component to identify:

(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;

(c) inform members of the Service in that component, and appropriate staff organizations in relation to offices and employment in particular capacities in that component, of the contents of the program and of the result of any review of the program under subsection (4);

(e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and

(3) As soon as practicable after the commencement of regulation 70A of the Public Service Regulations, and in any event within 12 months after that commencement, the relevant authority shall:

(a) after giving appropriate staff organizations in relation to offices and employment in particular capacities in a component of the Service and such other persons as the relevant authority considers appropriate, an opportunity to put their views, cause to be developed an equal employment opportunity program for that component;

(4) The relevant authority shall:

(a) from time to time, after giving appropriate staff organizations in relation to offices and employment in particular capacities in a component of the Service and such other persons as the relevant authority considers appropriate, an opportunity to put their views, cause the equal employment opportunity program for that component to be reviewed;

(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and

(5) The relevant authority shall take any action necessary to give effect to the equal employment opportunity program for a component of the Service and any person who exercises powers in relation to employment matters in that component shall have regard to the program in exercising those powers.

(6) The Public Service Board may, by notice in writing to the relevant authority, require the relevant authority to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for a component of the Service.

(7) A notice under subsection (6) may specify the particular aspects of the equal employment opportunity program for a component of the Service that are to be dealt with in the report.

(8) Where the Public Service Board receives a statement under subsection (3) or (4) or a report under subsection (6), the Board, after considering the statement or report, may make recommendations to the relevant authority on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for a component of the Service.

(9) If the relevant authority does not concur in or adopt a recommendation made by the Public Service Board under subsection (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for a component of the Service, the relevant authority shall, within a reasonable time, inform the Minister administering the Commonwealth Teaching Service Act 1972, in writing, of the relevant authority’s reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.

(10) The Public Service Board may from time to time, by notice in writing to the relevant authority, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for a component of the Service.

(11) The Public Service Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section in its application to and in relation to employment of members of the Service.

Schedule 1B Subsections 22B (1) to (11) of the Act in their application to and in relation to the employment of persons who are employed under section 42 of the Naval Defence Act 1910

(regulation 70B)

“appropriate staff organization” in relation to employment of an employee in a particular capacity means an organization:

(b) for membership of which the employee employed in that capacity would be eligible; and

(c) that is a party to an industrial award that applies in relation to the salary payable in respect of employment in that capacity, being an industrial award to which the Minister administering section 42 of the Naval Defence Act 1910 is a party.

“employees”means persons who are engaged for employment under section 42 of the Naval Defence Act 1910.

“employment matters” in relation to employees, means:

(a) the selection of persons for appointment as employees;

(b) the promotion and transfer of employees;

(c) training and staff development for employees;

(d) conditions of service of employees; and

(e) any other matter related to the employment of employees.

“equal employment opportunity program”, in relation to employees, means a program designed to ensure that:

(a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters; and

(b) measures are taken to enable women and persons in designated groups to compete for promotion and transfer and pursue careers as effectively as other persons.

“Secretary” means the Secretary of the Department that is administered by the Minister for the time being administering section 42 of the Naval Defence Act 1910.

“unjustified discrimination” includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.

(2) Without limiting the generality of the definition of “equal employment opportunity program” in subsection (1), the equal employment opportunity program for employees shall include provision for action to be taken to:

(a) examine practices in relation to employment matters for employees to identify:

(ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;

(c) inform employees, and appropriate staff organizations in relation to employment of employees in particular capacities, of the contents of the program and of the results of any review of the program under subsection (4);

(e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and

(3) As soon as practicable after the commencement of regulation 70B of the Public Service Regulations and, in any event, within 12 months after that commencement, the Secretary shall:

(a) after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause to be developed an equal employment opportunity program for the employees;

(4) The Secretary shall:

(a) from time to time, after giving appropriate staff organizations in relation to employment of employees in particular capacities and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the employees to be reviewed;

(b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and

(5) The Secretary shall take any action necessary to give effect to the equal employment opportunity program for employees and any person who exercises powers in relation to employment matters in respect of employees shall have regard to the program in exercising those powers.

(6) The Public Service Board may, by notice in writing to the Secretary, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for the employees.

(7) A notice under subsection (6) may specify the particular aspects of the equal employment opportunity program for the employees that are to be dealt with in the report.

(8) Where the Public Service Board receives a statement under subsection (3) or (4) or a report under subsection (6), the Board, after considering the statement or report, may make recommendations to the Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the employees.

(9) If the Secretary does not concur in or adopt a recommendation made by the Public Service Board under subsection (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the employees, the Secretary shall, within a reasonable time, inform the Minister administering section 42 of the Naval Defence Act 1910, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board.

(10) The Public Service Board may from time to time, by notice in writing to the Secretary, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for the employees.

(11) The Public Service Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section to and in relation to the employment of the employees.