Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 19

19. After Division 2A of Part III of the Principal Act the following Division
is inserted:

                        ''Division 2B-Part-time Offices
Part-time offices

''29B. (1) An office in a Department (other than an office of Secretary) may
be declared by the relevant Secretary, in writing, to be a part-time office.

''(2) Where-

   (a)  a declaration is made under sub-section (1) in relation to an office;
        or

   (b)  a declaration under sub-section (1) in relation to an office is
        revoked, the office becomes vacant and the officer who held the office
        immediately before the declaration was made or revoked, as the case
        may be, becomes an unattached officer.

''(3) Where-

   (a)  an office (in this sub-section referred to as the 'former office') is
        a part-time office; and

   (b)  another office (in this sub-section referred to as the 'substituted
        office') is created in another Department and is declared, under
        sub-section 29 (1) or (2), to be in substitution for the former
        office, the declaration made under sub-section (1) in respect of the
        former office has effect, after the creation of the substituted
        office, as if it had been made in relation to the substituted office
        by the Secretary of the Department referred to in paragraph (b).

''(4) The Board, after consultations with the organizations that are relevant
staff organizations in relation to offices in Departments, may, by notice
published in the Gazette, notify procedures to be followed in relation to the
operation of the provisions of this Act in relation to part-time employment.
Hours of attendance of part-time officers

''29C. (1) A declaration under sub-section 29B (1) in relation to an office
shall specify, subject to sub-section (2), the hours of attendance that are to
be applicable to the officer who occupies the office.

''(2) A declaration under sub-section 29B (1) in relation to an office shall
not specify hours of attendance that are-

   (a)  greater than the hours of attendance prescribed by the regulations,
        for the purpose of this paragraph, in relation to that office or in
        relation to a class of offices in which that office is included; or

   (b)  less than the hours of attendance prescribed by the regulations, for
        the purpose of this paragraph, in relation to that office or in
        relation to a class of offices in which that office is included.

''(3) Regulations made for the purpose of paragraph (2) (a) shall not
prescribe hours of attendance in relation to an office, or offices included in
a class of offices, that are greater than the hours of attendance that would
be applicable to the office, or those offices, if a declaration, or
declarations, under sub-section 29B (1) were not made in relation to the
office, or those offices.

''(4) The hours of attendance applicable to an officer who holds an office in
relation to which there is in force a declaration under sub-section 29B (1)
shall, notwithstanding anything in-

   (a)  the regulations or in a determination under sub-section 9 (7A) or
        section 82D; or

   (b)  an industrial award made before the commencement of this section, be
        the hours of attendance specified in the declaration.

''(5) A declaration under sub-section 29B (1) in relation to an office shall
not be varied or amended without the consent of the officer holding the
office. Hours of attendance of certain unattached officers

''29D. (1) Subject to sub-section (5), where an officer-

   (a)  becomes an unattached officer (whether by virtue of sub-section 29B
        (2) or otherwise); and

   (b)  immediately before becoming an unattached officer, held a part-time
        office, the hours of attendance applicable to the unattached officer
        shall, until he ceases to be an unattached officer, be the hours of
        attendance applicable to the officer immediately before he became an
        unattached officer.

''(2) Subject to sub-section (5), where-

   (a)  a person who had previously ceased to be an officer is re-appointed to
        the Service as an unattached officer in pursuance of section 63F, 63G,
        87Q or 87R; and

   (b)  the person, immediately before he ceased, or last ceased, to be an
        officer-

        (i)    held a part-time office; or

        (ii)   was an unattached officer to whom sub-section (1) of
               this section applied, the hours of attendance applicable to the
               person shall, until he ceases to be an unattached officer, be
               the hours of attendance applicable to him immediately before he
               ceased, or last ceased, to be an officer.

''(3) Subject to sub-section (5), where-

   (a)  a person is appointed under section 40, or re-appointed under section
        47B or 47C, to the Service as an unattached officer; and

   (b)  the Board is satisfied that the person will, when he ceases to be an
        unattached officer, be appointed to a part-time office, the Board may
        declare, in writing, that the hours of attendance that are applicable
        to the officer shall, until he ceases to be an unattached officer, be
        those specified in the declaration.

''(4) The hours of attendance applicable to an officer in relation to whom
there is in force a declaration under sub-section (3) shall, notwithstanding
anything in-

   (a)  the regulations or a determination under sub-section 9 (7A) or section
        82D; or

   (b)  an industrial award made before the commencement of this section, be
        the hours of attendance specified in the declaration.

''(5) Where the hours of attendance applicable to a person are ascertained in
accordance with sub-section (1), (2), (3) or a previous application of this
sub-section, the relevant Secretary may, with the consent of the person,
determine, in writing, that the hours of attendance applicable to the person
are those specified in the determination and, where such a determination is
made, the hours of attendance that are applicable to the person shall, until
he ceases to be an unattached officer, be those specified in the
determination.

''(6) Sub-section 29C (2) applies in relation to a determination under
sub-section (5) in like manner as it applies in relation to a declaration
under sub-section 29B (1).

''(7) Sub-sections (1), (2) and (5) have effect notwithstanding anything in an
industrial award made before the commencement of this section.