Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 12

12. (1) After section 22B of the Principal Act the following section is
inserted in Part IIA: Industrial democracy plans
''22C. (1) In this section, 'industrial democracy plan', in relation to a
Department, means a plan designed to achieve appropriate participation by
officers and employees in the decision-making processes of the Department.
''(2) As soon as practicable after the commencement of this section and, in
any event, within 12 months after the commencement of this section, the
Secretary of a Department shall-

   (a)  in consultation with relevant staff organizations in relation to
        offices in the Department and with such other persons as the Secretary
        considers appropriate, cause to be developed an industrial democracy
        plan for the Department;

   (b)  cause to be prepared a statement in writing setting out the plan so
        developed; and

   (c)  give a copy of the statement to the Board.
''(3) The Secretary of a Department shall-

   (a)  in consultation with relevant staff organizations in relation to
        offices in the Department and with such other persons as the Secretary
        considers appropriate, cause the industrial democracy plan for the
        Department to be reviewed from time to time;

   (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
        plan); and (c) give a copy of the statement to the Board.
''(4) The Secretary of a Department shall take any action necessary to give
effect to the industrial democracy plan for the Department.
''(5) The Board may, by notice in writing to the Secretary of a Department,
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 industrial democracy plan for the Department.
''(6) A notice under sub-section (5) may specify the particular aspects of the
industrial democracy plan that are to be dealt with in the report.
''(7) Where the Board receives a statement under sub-section (2) or (3) or a
report under sub-section (5), the Board, after considering the statement or
report, may make recommendations to the relevant Secretary on the action that
should or could be taken to improve the effectiveness of the industrial
democracy plan for the Department.
''(8) If the Secretary does not concur in or adopt a recommendation made by
the Board under sub-section (7) on the action that should be taken to improve
the effectiveness of the industrial democracy plan for the Department, the
Secretary shall, within a reasonable time, inform the Minister administering
the Department, 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.
''(9) The Board may from time to time, by notice in writing to Secretaries,
issue guidelines on the development, implementation and review of industrial
democracy plans for Departments.
''(10) The Board shall, in a report furnished to the Prime Minister in
accordance with section 22, report on the operation of this section.
''(11) Where a Department comes into existence after the commencement of
this section, this section applies in relation to the Department as if a
reference in sub-section (2) to the commencement of this section were a
reference to the day on which the Department comes into existence.
''(12) The regulations may provide that this section shall apply to and in
relation to a Commonwealth authority specified in the regulations and, where
the regulations so provide, this section applies to and in relation to the
Commonwealth authority as if-

   (a)  the Commonwealth authority were a Department;

   (b)  references to the Secretary of a Department were references to the
        person for the time being holding, or performing the duties of, the
        office specified in the regulations for the purposes of this
        paragraph;

   (c)  a reference in sub-section (2) to the commencement of this section
        were a reference to the day on which the regulations came into force;
        and

   (d)  if the regulations provide that a specified Minister is the prescribed
        authority for the purposes of the application of this section in
        relation to the Commonwealth authority-references in sub-sections (2),
        (3), (5), (7) and (8) to the Board were references to the Minister so
        specified.
''(13) The regulations may provide that the provisions of this section shall,
subject to such modifications and adaptations (if any) as are prescribed by
the regulations, apply to and in relation to the employment of-

   (a)  members of the Australian Federal Police;

   (b)  persons appointed as officers or engaged as employees under the
        Commonwealth Teaching Service Act 1972;

   (c)  persons who hold offices or appointments (not being offices or
        appointments in the Defence Force) under regulations made under the
        Naval Defence Act 1910;

   (d)  persons who are employed under section 10 of the Supply and
        Development Act 1939;

   (e)  persons employed as officers of the Australian Security Intelligence
        Organization; or

   (f)  officers appointed in pursuance of section 10 of the Trade
        Commissioners Act 1933.
''(14) In sub-section (13), 'modifications' includes the addition or omission
of a provision or the substitution of a provision for another provision.''.

(2) If this section comes into operation during the first 6 months of a
financial year, the Board shall report on the operation of section 22C of the
Public Service Act 1922, in relation to the period commencing on the day on
which this section comes into operation and ending on the expiration of that
financial year, in the first report that is furnished to the Prime Minister,
under section 22 of that Act, after the expiration of that financial year.

(3) If this section comes into operation during the last 6 months of a
financial year, the Board shall report on the operation of section 22C of the
Public Service Act 1922, in relation to the period commencing on the day on
which this section comes into operation and expiring at the end of that
financial year, in the first report that is furnished to the Prime Minister,
under section 22 of that Act, after the expiration of the financial year next
succeeding that financial year.

(4) The Secretary of each Department shall include in the Annual Report of the
Department to be laid before each House of the Parliament information on the
implementation and operation of industrial democracy plans in that Department
under section 22C of the Public Service Act 1922.