Public Service Act 1999 Advice No. 31: New arrangements for Gazette notifications for staffing under the Public Service Act 1922 and under the Public Service Act 1999

globe Useful references

Introduction

This advice is one of a series of advices to be issued by the Public Service and Merit Protection Commission (PSMPC) concerning the Public Service Act 1999 (the new PS Act) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (the PECTA Act). It is proposed that the new legislation will come into operation on 5 December 1999 and the information contained in this advice will take effect on commencement of the legislation.

2 This advice contains important information about which notices can be placed in the Commonwealth of Australia Public Service Gazette (PS Gazette) Number 48 of the 9 December 1999, Number 49 for 16 December 1999, and Number 1 for 13 January 2000. It also contains information on the requirements for Gazette notification under the new PS Act.

3 The following information applies to SES and non-SES staffing actions.

4 Changes to the format of the electronic PS Gazette to accommodate the changes made under the new PS Act and the transitional staffing actions commenced under the old PS Act. The next three editions of the Gazette will not be identical. The PSMPC is currently working on adjustments to the electronic Gazette screens and associated software to reflect these changes and this work will continue over the Christmas break when no new Gazettes will be published.

5 A separate ACT Government Gazette will be published in the New Year. Specific enquiries regarding ACT Government Notifications should be directed to the recruiting ACT Government agency.

6 Parliamentary Department staffing actions will eventually be notified in a new part of the Gazette dealing with the Australian Parliamentary Service. Specific enquiries regarding Australian Parliamentary Service notifications should be directed to the recruiting Parliamentary Department.

Gazette notices for the next three editions

Public Service Gazette No. 48, 9 December 1999

7 The Preamble to the Employment Opportunities section (old Vacancy Notices) will be amended to reflect the requirements of the new PS Act.

8 All employment opportunities for the engagement of ongoing employees and for the engagement of non-ongoing employees for more than 12 months can be lodged for this and future editions of the Gazette. Each notification will need to include the category of employment in the Notes part of the notification, that is, whether the opportunity is ongoing, for a specified term or for the duration of a specified task.

9 The information in the old Preamble will continue to apply to promotions made under the old PS Act in accordance with the provisions of the PECTA Act.

10 Promotions, Transfers, Appointments, Dismissals and Retirements made under the old PS Act in accordance with the transitional provisions of the PECTA Act, should be lodged for this and each relevant Gazette. The notification should include a note that the action is being taken under the Public Service Act 1922.

11 Engagement, Assignment of Duties/Movements and other staffing actions made under the new PS Act, and which must be gazetted in accordance with the new PS Regulations, cannot be lodged until the relevant screens have been incorporated into the electronic Gazette lodgement site. The electronic screens should be available for Gazette No.1, 13 January 2000 edition for the lodgement of these notices.

Public Service Gazette No. 49, 16 December 1999

12 A new Preamble to the Promotions section will be added to reflect the requirements of the new PS Act.

13 A promotion made under the new PS Act can be lodged, but it must include a note saying "This promotion was made under the Public Service Act 1999".

14 Promotions, Transfers, Appointments, Dismissals and Retirements made under the old PS Act in accordance with the transitional provisions of the PECTA Act, should be lodged for this and each relevant Gazette with a note that the action is being taken under the Public Service Act 1922.

Public Service Gazette No. 1, 13 January 2000 and subsequent editions

15 All employment opportunities for engagement can be lodged for this and future editions. Notifications may need to include the category of employment in the Notes part of the notification.

16 Engagement, Assignment of Duties/Movements and other staffing actions made under the new PS Act, and which must be gazetted in accordance with the new PS Regulations, can be lodged in this and future editions.

17 Promotions, Transfers, Appointments, Dismissals and Retirements made under the old PS Act in accordance with the transitional provisions of the PECTA Act, should be lodged for this and each relevant Gazette with a note that the action is being taken under the Public Service Act 1922.

18 The information in the old Preamble will continue to apply to promotions made under the old PS Act in accordance with the provisions of the PECTA Act.

Gazettal requirements under the New PS Act

Notification in Gazette of certain employment decisions

19 It is proposed that the regulations to be made under the new PS Act will require the following decisions to be notified in the Gazette:

engagement of a person as an ongoing APS employee;
engagement of a person as an APS employee for a specified term of more than 12 months or for the duration of a specified task that is reasonably estimated to take more than 12 months;
engagement of a person as an APS employee under paragraph 72 (1) (c) or (d) of the Act:
1. as an ongoing APS employee; or
2. for a specified term of more than 12 months; or
3. for the duration of a specified task that is reasonably estimated to take more than 12 months;
in relation to a person who is engaged as an APS employee for a specified term of less than 12 months " extension of the engagement that results in the term of engagement being more than 12 months;
movement (other than a promotion or temporary movement) by an ongoing APS employee to perform duties in another Agency if the opportunity to apply for the relevant employment was notified in the Gazette;
assignment of duties (other than a temporary assignment of duties or an assignment of duties because of a promotion) to an ongoing APS employee in an Agency if the opportunity to apply for the relevant employment was notified in the Gazette;
assignment to an SES employee of duties at a lower classification without the employee's agreement;
promotion of an ongoing APS employee;
termination of the employment of an ongoing APS employee under section 29 of the Act;
retirement of an SES employee within the period specified in a notice given to the employee under section 37 of the Act; and
decision of a PRC on review of a promotion decision under Division 5.2 of these Regulations.

Notification in Gazette of an ISAC recommendation

20 The engagement, promotion or assignment of duties as a result of an ISAC recommendation must be notified in the Gazette. Such a notification should include the note "this has been made in accordance with an ISAC recommendation".

Notification of action not in accordance with ISAC recommendation

21 If, instead of acting in accordance with an ISAC recommendation in respect of an employment opportunity, an Agency Head promotes another ongoing APS employee to the relevant employment, the promotion is subject to review under Division 5.2. This will be an ordinary promotion and must be notified in the Gazette as a promotion decision that is subject to review under that Division.

Other Actions to be Notified in the Gazette

22 It is expected that the regulations will provide for an Agency Head to approve schemes for persons to gain skills and experience for the purpose of assisting them to participate in the workforce. Such persons will be engaged as non-ongoing employees for a specific term in the Agency. Agencies must notify any such approved scheme in the Gazette within 14 days after approval.

Further Advice

23 Urgent enquiries from Comnet members and their senior staff should be made by E-mail to psact@apsc.gov.au or the PSMPC's Helpline on (02) 6202 3859. APS staff who contact the PSMPC will be asked to direct their enquiries to the appropriate area of their own agency.

24 Advice from DEWRSB is accessible through the government employment web sites at www.dewrsb.gov.au or through the PSMPC's web site.

Jeff Lamond
Team Leader

Staffing, Structures and Performance Team

3 December 1999