Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1991 NO. 338

STATUTORY RULES 1991 No. 338

PUBLIC SERVICE ACT 1922

PUBLIC SERVICE REGULATIONS (AMENDMENT)

Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Under subsection (2) of sections 63K and 63L of the Act regulations may be made for the conduct of inquiries where officers are charged with misconduct committed either before becoming an unattached officer (section 63K) or while an unattached officer (section 63L). Regulation 163 formerly made provision for the conduct of inquiries into such charges by a person selected by the Public Service Commissioner from a class of persons prescribed for the purposes of paragraph 63M(1)(b) of the Act.

The power of selection of an officer to undertake an inquiry into misconduct in relation to unattached officers is now devolved to Secretaries of Departments. The selection power is now consistent with the provisions of the discipline code enabling Secretaries to appoint officers to undertake inquiries in other discipline cases. The former subregulation 163(1) has been replaced by a subregulation which provides for an inquiry into a charge against an unattached officer to be held by either the Secretary of the Department or an officer appointed by that Secretary.

Under paragraph 63M(1)(b) of the Act a person, selected by the Public Service Commissioner from a prescribed class of persons, may direct that an unattached officer who is convicted of a criminal offence, or against whom an offence was found proved without a conviction being recorded, be dismissed from the Service. Regulation 164 provided that Secretaries, as defined in the Act, were a prescribed class of persons for the purposes of paragraph 63M(1)(b). The prescribed class of persons has been extended to include Senior Executive Service Officers.

ISSUED UNDER THE AUTHORITY OF THE PRIME MINISTER