Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 17

17. (1) Section 29 of the Principal Act is repealed and the following sections
are substituted: Creation and abolition of offices

''27. (1) The Secretary of a Department, for the purpose of enabling the
Department to perform its functions, may, in writing-

   (a)  create an office in the Department; or

   (b)  abolish an office in the Department.

''(2) An instrument under sub-section (1) creating an office shall specify the
classification of the office, being an approved classification under
sub-section 28 (1). Classification of offices and officers

''28. (1) A classification is an approved classification for the purposes of
this Act if and only if-

   (a)  a determination under section 82D is in force in respect of salary in
        relation to offices having that classification; or

   (b)  in a case to which paragraph (a) does not apply-the Board declares, in
        writing, that the classification is an approved classification for the
        purposes of this sub-section.

''(2) Where the rate of salary, or the maximum rate of salary, as the case
requires, payable in respect of 2 offices is the same, the classifications of
the 2 offices shall be taken to be equal.

''(3) Where the rate of salary, or the maximum rate of salary, as the case
requires, payable in respect of an office is greater than the rate of salary,
or the maximum rate of salary, as the case requires, payable in respect of
another office, the classification of the first-mentioned office shall be
taken to be higher than the classification of the second-mentioned office.

''(4) An unattached officer who held an office immediately before becoming an
unattached officer shall, until he ceases to be an unattached officer, have a
classification corresponding to the classification of that office.

''(5) Nothing in sub-section (1) shall be taken as limiting in any way the
provision that may be made by an industrial award to vary the salary
applicable in relation to an office or an officer. Administrative
re-arrangements

''29. (1) Where a Department is abolished, the Prime Minister may, in writing-

   (a)  create in another Department, or direct the relevant Secretary of
        another Department to create in that other Department, an office (in
        this sub-section referred to as the 'substituted office')-

        (i)    that has the same classification as an office (in
               this sub-section referred to as the 'former office') that
               existed in the first-mentioned Department immediately before it
               was abolished; and

        (ii)   the holder of which is required to perform substantially the
               same duties as the holder of the former office was required to
               perform; and

   (b)  declare the substituted office to be, or when created to be, in
        substitution for the former office.

''(2) Where, by virtue of administrative arrangements approved by the
Governor-General or by the Prime Minister, a matter is to be dealt with by a
different Department from the Department by which that matter was dealt with
immediately before those arrangements were approved, the Prime Minister may,
in writing-

   (a)  abolish, or direct the Secretary of the second-mentioned Department to
        abolish, an office (in this sub-section referred to as the 'former
        office') in the second-mentioned Department the holder of which is
        required to perform duties that-

        (i)    relate wholly or mainly to that matter; or

        (ii)   are, in the opinion of the Prime Minister, ancilliary to, or
               attributable to, that matter;

   (b)  create, or direct the Secretary of the first-mentioned Department to
        create, in the first-mentioned Department an office (in
        this sub-section referred to as the 'substituted office')-

        (i)    that has the same classification as the former office; and

        (ii)   the holder of which is required to perform substantially the
               same duties as the holder of the former office was required to
               perform; and

   (c)  declare the substituted office to be, or when created to be, in
        substitution for the former office. Re-classification of offices

''29A. (1) The Secretary of a Department may, in writing, alter the
classification of an office in the Department to the classification specified
in the instrument, being a classification that is an approved classification
under sub-section 28 (1).

''(2) The Board may, by notice in writing to the Secretary of a Department,
direct the Secretary to alter the classification of an office in a Department
or the classification of offices in the Department, being offices included in
a class of offices specified in the notice, to the classification specified in
the notice, being a classification that is an approved classification under
sub-section 28 (1).

''(3) Subject to sub-section (4), where-

   (a)  the classification of an office is altered; and

   (b)  the rate of salary, or the maximum rate of salary, payable in respect
        of the office immediately after the alteration is different from the
        rate of salary, or the maximum rate of salary, payable in respect of
        the office immediately before the alteration, the office becomes
        vacant and the officer who held the office immediately before the
        alteration becomes an unattached officer.

''(4) The Board may, in writing, direct that sub-section (3) shall not apply
to or in relation to alterations of the classification of offices included in
a specified class of alterations of the classification of offices.''.

(2) Notwithstanding the repeal of section 29 of the Principal Act by
sub-section (1), an office created in a Department under sub-section 29 (1) of
that Act and in existence immediately before the date of commencement of this
section continues in existence on and after that date as if it had been
created by the relevant Secretary under sub-section 27 (1) of the Public
Service Act 1922 as amended by sub-section (1).