Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 5

5. (1) Section 7 of the Principal Act is amended-

(a) by omitting the definition of ''Classification'' and substituting the
following definition:

'' 'classification' means-

   (a)  in relation to an office-a description that identifies the class of
        offices to which that office belongs, being a class of offices that
        are of a similar kind, that have responsibilities of a similar level,
        the performance of the duties of which requires work of similar value
        and the salary, or range of salaries, applicable to which are the
        same;

   (b)  in relation to an officer who holds an office-the classification of
        that office; and

   (c)  in relation to an unattached officer-the classification that the
        officer has as an unattached officer determined in accordance with
        sub-sections 28 (4) and 42 (2);''; and

   (b)  by inserting after the definition of ''Employee'' in sub-section (1)
        the following definition:

'' 'industrial award' means-

   (a)  a determination under the Public Service Arbitration Act 1920 ;

   (b)  an award or order under the Conciliation and Arbitration Act 1904; or

   (c)  a determination, award or order made by a prescribed person, tribunal
        or body under a law of the Commonwealth or of a Territory;''.

(2) Section 7 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''Permanent Head'';

(b) by inserting after the definition of ''Returned soldier'' in sub-section
(1) the following definition:

'' 'Secretary' means a person for the time being holding, or performing the
duties of, an office of Secretary;''; and

   (c)  by adding at the end of sub-section (1) the following definition:

'' 'unattached Secretary' means a person who-

   (a)  is an unattached officer; and

   (b)  immediately before becoming an unattached officer held an office
        referred to in paragraph (a) of the definition of 'office of
        Secretary'.''.

(3) For the purposes of the definition of ''unattached Secretary'' in
sub-section 7 (1) of the Public Service Act 1922 as amended by sub-section (2)
of this section, a person who at any time before the commencement of this
sub-section was a member of the First Division of the Service shall be deemed
to have held at that time, an office of Secretary referred to in paragraph (a)
of the definition of ''office of Secretary'' in that sub-section.

(4) Section 7 of the Principal Act is amended-

(a) by inserting before the definition of ''specified defence service'' in
sub-section (1) the following definitions:

'' 'Senior Executive Service office' means an office that has a classification
declared by the Board under sub-section 28 (1A) to be a Senior Executive
Service classification;

'' 'Senior Executive Service officer' means-

   (a)  an officer who holds a Senior Executive Service office; and

   (b)  an unattached officer who has a Senior Executive Service
        classification;''; and

   (b)  by inserting ''(not having a Senior Executive Service classification
        or a classification lower than the lowest Senior Executive Service
classification)'' after ''officer'' in paragraph (a) of the definition of
''unattached Secretary'' in sub-section (1).

(5) Section 7 of the Principal Act is amended-

(a) by inserting after the definition of ''employee'' in sub-section (1) the
following definition:

'' 'full-time office' means an office other than a part-time office;''; and

   (b)  by inserting after the definition of ''overseas'' in sub-section (1)
        the following definition:

'' 'part-time office' means an office in relation to which a declaration under
sub-section 29B (1) is in force,''.

(6) Section 7 of the Principal Act is amended by inserting after the
definition of ''relevant Secretary'' in sub-section (1) the following
definition:

'' 'relevant staff organization', in relation to an office in a Department,
means an organization-

   (a)  that is registered under the Conciliation and Arbitration Act 1904;

   (b)  for membership of which a person holding the office would be eligible;
        and

   (c)  that is a party to an industrial award that applies in relation to the
        salary payable in respect of the office, being an industrial award to
        which the Minister who is responsible for the Department is also a
        party;''.

(7) Section 7 of the Principal Act is amended by omitting paragraph (a) of
the definition of ''industrial award'' in sub-section (1).

(8) Section 7 of the Principal Act is amended by inserting after the
definition of ''classification'' in sub-section (1) the following definition:

'' 'Commonwealth authority' means:

   (a)  a body corporate incorporated, whether before or after the
        commencement of sub-section 5 (8) of the
        Public Service Reform Act 1984, for a public purpose by an Act, by
        regulations made under an Act or by or under a law of a Territory
        (other than the Northern Territory), being a body employing staff on
        its own behalf;

   (b)  an authority or body, not being a body corporate, established, whether
        before or after the commencement of sub-section 5 (8) of the Public 
        Service Reform Act 1984 , for a public purpose by, or in accordance
        with the provisions of, an Act, regulations made under an Act or a law
        of a Territory (other than the Northern Territory), being an authority
        or body employing staff on its own behalf;

   (c)  a company or other body corporate incorporated, whether before or
        after the commencement of sub-section 5 (8) of the
        Public Service Reform Act  1984 , under a law of the Commonwealth, of
        a State or of a Territory, being a company or body corporate in which
        the Commonwealth has a controlling interest; or

   (d)  an authority or body established, whether before or after the
        commencement of sub-section 5 (8) of the
        Public Service Reform Act 1984 and whether by, or in accordance with
        the provisions of, an Act, regulations made under an Act or a law of a
        Territory or otherwise, and whether a body corporate or not, being an
        authority or body that is financed in whole or in substantial part,
        either directly or indirectly, by money provided by the Commonwealth
        and employs staff on its own behalf;''.

(9) Section 7 of the Principal Act is amended by inserting after the
definition of ''Department'' in sub-section (1) the following definition:

'' 'designated group' means any of the following classes of persons:

   (a)  members of the Aboriginal race of Australia or persons who are
        descendants of indigenous inhabitants of the Torres Strait Islands;

   (b)  persons who have migrated to Australia and whose first language is a
        language other than English, and the children of such persons;

   (c)  persons who are physically or mentally disabled; and

   (d)  any other class of persons declared by the regulations to be a
        designated group for the purposes of this definition;''.