Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 23

23. (1) Section 33 of the Principal Act is repealed and the following heading
and sections are substituted:

''Subdivision A-Preliminary Application of merit principle, prohibition of
patronage, &c.

''33. (1) Powers under this Act in respect of appointment shall be exercised
in accordance with procedures that ensure that, in each case where an
appointment to the Service is to be made-

   (a)  all persons who are eligible for appointment to the Service have, so
        far as is practicable, a reasonable opportunity to apply for the
        appointment; and

   (b)  the appointment is made on the basis of an assessment of the relative
        suitability of the applicants for the appointment, having regard to-

        (i)    the nature of the duties to be performed by the person
               appointed; and

        (ii)   the abilities, qualifications, experience and other attributes
               of each applicant that are relevant to the performance of those
               duties.

''(2) Without limiting the generality of sub-section (1), powers under this
Act in respect of appointments, transfers and promotions shall be exercised in
accordance with procedures that preclude patronage and favouritism.

''(3) Without limiting the generality of sub-section (1), powers under this
Act in respect of appointments, transfers and promotions shall, subject to
sub-section (4), be exercised in accordance with procedures that preclude-

   (a)  discrimination on the ground of political affiliation, race, colour,
        ethnic origin, social origin, religion, sex, sexual preference,
        marital status, pregnancy, age or physical or mental disability;

   (b)  discrimination that is unlawful under the Racial Discrimination Act 
        1975 or the Sex Discrimination Act 1984; and

   (c)  any other unjustified discrimination.

''(4) The reference in sub-section (3) to discrimination in relation to a
power in respect of appointment, transfer or promotion shall be read as not
including a reference to-

   (a)  discrimination that is essential for the effective performance of the
        duties to which the appointment, transfer or promotion relates, is not
        unlawful under the Racial Discrimination Act 1975 or the
        Sex Discrimination  Act 1984 and is declared by the regulations not to
        be discrimination for the purposes of sub-section (3); or

   (b)  discrimination in relation to appointment that is not unlawful under
        the
Racial Discrimination Act 1975 or the Sex Discrimination Act 1984
and is in accordance with a program to encourage the appointment of women or
persons in a designated group to the Service, being a program that is declared
by the regulations to be an approved program for the purposes of this
paragraph.

''(5) Where the exercise of a power in respect of appointment is, by virtue of
paragraph (4) (b), not discrimination for the purpose of sub-section (3), the
power shall be taken to have been exercised in accordance with procedures of
the kind referred to in sub-section (1). Notification of certain matters
related to appointment, transfer or promotion

''33A. (1) The Board may from time to time, by notice published in the
Gazette, notify-

   (a)  the manner in which applications for appointment to the Service will
        be invited;

   (b)  the manner of ascertaining the order in which appointments of persons
        who apply for appointment to specified vacancies or to vacancies
        included in a specified class of vacancies will be made;

   (c)  the academic or other qualifications required, or the conditions to be
        satisfied, for appointment to the Service;

   (d)  the academic or other qualifications required, or the conditions to be
        satisfied, for appointment, transfer or promotion to a specified
        office or to an office included in a specified class of offices, or
        for appointment as an unattached officer of the Service;

   (e)  the circumstances in which notification of the existence of vacant
        offices in Departments will be published in the Gazette; or

   (f)  such other matters with respect to appointments, transfers or
        promotions as the Board considers desirable.

''(2) A qualification or condition set out in a notification under paragraph
(1) (c) or (d) may be a qualification or condition that is defined or
expressed by reference to the opinion of the Board in relation to a particular
matter. Board may arrange for tests and examinations

''33B. The Board may, from time to time, for the purposes of this Division,
arrange for the taking of tests or examinations-

   (a)  by applicants for appointment to the Service, or by applicants for
        appointment to the Service included in a particular class of such
        applicants; or

   (b)  by officers who wish to become eligible for promotion or transfer to
        particular offices, or to offices included in a particular class of
        offices. Unattached officers

''33C. (1) The Board may, with the consent in writing of an officer who holds
an office, declare, in writing, that the officer shall, on a day specified in
the declaration, become an unattached officer and, if the Board does so, the
office so held by the officer becomes vacant on the day so specified.

''(2) A person who is, or is deemed to be, an unattached officer of the
Service shall, for the purposes of this Act and of any other Act, be taken to
be included in such Department, or in a Department that is identified in such
manner, as the Board, in writing, directs.''.

(2) An appointment to the Service made before the commencement of this section
under section 33 of the Principal Act is not affected by the repeal of section
33 of the Principal Act effected by sub-section (1), but, after the
commencement of this section, any reference in an instrument of appointment
made under sub-section 33 (1) of the Principal Act to an appointment of an
officer in a Division of the Service shall be read as a reference to an
appointment of an officer to the Service.