Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1996 NO. 339

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 339

Issued by the authority of the Prime Minister

Public Service Regulations (Amendment)

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

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

Regulation 112 of the Public Service Regulations prescribes various circumstances for the purposes of subsection 50(1) of the Act. The circumstances listed in regulation 112 in which promotions may be made to unadvertised vacancies include:

*       where the vacancy is in a position having a certain classification and the Secretary decides that the vacancy is to be filled by promoting a Graduate Administrative Assistant (regulation 1.12(d));

*       where the vacancy is in a position having a certain classification and the Secretary decides that the vacancy is to be filled by promoting a Research Officer Grade 1 who has certain prior experience (regulation 112(e));

*       where the vacancy is in a position of Auditor Grade 1, Administrative Service Officer Class 1 and the Secretary decides that the vacancy is to be filled by a Graduate Administrative Assistant in the Australian National Audit Office (regulation 112(f));

*       where the vacancy is in a position of Defence Officer having the classification of Administrative Service Officer Class 4, 5 or 6 in the Defence Signals Directorate and the Secretary decides that the vacancy is to be filled by promotion without advertising (regulation 112(g)).

The Regulations repeal subregulations 112(d) to (g) following the introduction of new training arrangements for Graduate Administrative Assistants which commenced in 1996 and advice from the Australian National Audit Office and the Defence Signals Directorate there is no ongoing need for the regulations relevant to those offices.

The Regulations preserve the effect of subregulations 112(d) and 112(e) in respect of current or former Graduate Administrative Assistants in certain Departments where undertakings had been made to the 1996 intake of Graduate Administrative Assistants that regulation 112 would be used to promote the officer to a higher classification without advertising the vacancy. The new arrangements which commenced in 1996 would in some cases be less beneficial than the arrangements applying under regulation 112 before that time.

The Regulations insert a new circumstance in subregulation 112(i) whereby the Secretary of the Spectrum Management Agency (SMA) will be able to promote certain officers to a vacant office having the classification of Administrative Service Officer Class 4 under section 50 of the Act without notification of the vacancy. This regulation has been inserted to enable SMA to promote Graduate Administrative Assistants in the 1996 intake in accordance with undertakings made to them when they were recruited, rather than under the new arrangements which were introduced in 1996.

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

Regulation 2 of the Regulations, in regulation 2.10 removes subregulations 112(d), (e), (f) and (g) from the Regulations. Regulation 2.2 inserts a new subregulation 112(i) in the Regulations which will permit the Secretary of the Spectrum Management Agency to promote certain officers to a vacant office having the classification of Administrative Service Officer Class 4 under section 50 of the Act without notification of the vacancy.

Regulation 3 of the Regulations in subregulation 2.1 preserves regulation 112(d) in respect of officers having the classification of Graduate Administrative Assistant in the Australian Customs Service, the Department of Defence or the Department of Foreign Affairs and Trade where those officers were appointed, promoted or transferred to the office of Graduate Administrative Assistant in January, February or March 1996. This transitional provision is required because these Departments incorrectly advised their 1996 intake of Graduate Administrative Assistants that advancement would be available to them using regulation 112 rather than the new arrangements for Graduate Administrative Assistants which in some circumstances are less beneficial to officers in this category.

For similar reasons subregulation 3.2 preserves subregulation 112(e) in respect of certain officers having the classification of Research Officer Grade 1 in tile Department of Employment, Education, Training and Youth Affairs who were Gradute Administrative Assistants in the 1996 intake.