Circular No 2000/6 : Amendments to Public Service Regulations

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Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.

The purpose of this circular is to advise agencies of changes to the Public Service Regulations, made under the Public Service Act 1999. A copy of the amendments to the Regulations are attached.

Date of effect

2. All amendments to the Regulations came into effect from 20 December 2000, the date of Gazettal. The Office of Legislative Drafting, which is arranging the tabling, expects the Regulations to be tabled on 6 February 2001.

Parliamentary scrutiny

3. The new Regulations are, however, subject to parliamentary scrutiny, which means that a notice of disallowance may be given in either House within 15 sitting days of tabling. Should such a notice be given, within 15 sitting days from that notice the regulations may be disallowed, or the notice may be withdrawn. The latest time by which a notice of disallowance can be given is 2 April 2001. In the event of disallowance the regulations, as they existed before 20 December 2000, would be revived from the date of disallowance.

Summary of the amendments

4. The amendments to the Regulations deal with the following matters:

Limitations on extension of specified terms of engagement of certain non-SES employees - Regulation 3.7

The amendments to Regulation 3.7 clarify the existing provisions concerning the maximum term of engagement for a non-ongoing APS employee and the extensions of a contract within this maximum term.

Promotion of ongoing APS employees - date of effect - Regulation 3.8

The amendments remove any uncertainty that the date of effect for a promotion must not be earlier than the date that the promotion is notified in the Gazette, and establish a date of effect for the promotion of an ongoing APS employee where an application to a Promotion Review Committee (‘PRC') lapses.

Notification in Gazette of certain employment decisions - Regulation 3.12

The amendments to Regulation 3.12 are to:
- paragraph 3.12 (i) to include an additional requirement for APS agencies to specify the grounds for termination under section 29 of the Act in the Gazette notification;
- paragraph 3.12 (k) to clarify that it is only decisions of a PRC which make a new promotion decision which require notification in the Gazette; and
- include two new subregulations 3.12 (2) and (3) to require that the notification in the Gazette of an engagement or promotion decision based on a similar employment opportunity having been advertised previously in accordance with the Public Service Commissioner's Directions 1999 be identified by the inclusion of a statement to that affect.

Notification in Gazette of cancellation of certain employment decisions - Regulation 3.12A

The amendment includes a new regulation that requires an Agency to notify in the Gazette the cancellation of any decision that has previously been notified in the Gazette under Regulation 3.12 and the date of effect of the cancellation decision.

Promotion of ongoing APS employees - date of effect - Regulation 5.10

The amendment changes the requirement on the Merit Protection Commissioner from having to establish a PRC on receipt of an application for review to providing the Commissioner with the discretion not to establish a PRC where an application to a PRC lapses.

Statements by parties - Regulation 5.12

The amendment provides for a single date for the lodgement of statements of parties to reviews of promotion decisions of 14 days after the closing date of applications for review.

Conduct of review by PRC - Regulation 5.18

The amendment requires a PRC to advise the Agency Head of its decision in writing.

Non-disclosure of information by Merit Protection Commissioner etc - Regulation 7.6

The amendment extends the non-disclosure provisions to members of Independent Selection Advisory Committees, to people undertaking reviews of actions of statutory office holders and to people undertaking an investigation of complaints by former employees.

Further advice

Enquires about this circular should be directed to the PSMPC's Helpline at (02) 6202 3859.

Jeff Lamond
Team Leader
Staffing, Structures and Performance Team

20 December 2000