Commonwealth: Public Service Acts Amendment Act 1982 (Cth)

Public Service Acts Amendment Act 1982 No. 111 of 1982 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 3. Principal Act 4. Interpretation 5. Officers of the Parliament 6. Insertion of new sections— 9a. Creation, &c., of offices in Parliamentary Departments 9b. Annual report to Parliament by Presiding Officers 7. Constitution of the Public Service 8. Appointment of Public Service Board 9. Chairman of the Board 10. Insertion of new section— 12a. Acting appointments of members of the Board 11. Constitution of Board where vacancies exist 12. Delegation by Board 13. Records of officers 14. Division heading 15. Repeal of sections 23 and 24 16. Permanent Heads 17. Chief Officers 18. Creation, &c., of offices 19. Repeal of section 30 and substitution of new section— 30. Salaries of officers 20. Division heading TABLE OF PROVISIONS—continued Section 21. Repeal of section 33 and substitution of new heading and sections— Subdivision A—Preliminary 33. Interpretation 33a. Notification of certain matters related to appointment, transfer or promotion 33b. Prohibition of patronage, &c. 33c. Board may arrange for tests and examinations 33d. Unattached officers 22. Repeal of sections 35 to 46 and substitution of new Subdivision, Subdivision heading and sections— Subdivision B—Appointment of Permanent Heads 35. Interpretation 36. Appointment of Permanent Heads 37. Procedures for nominating persons as suitable for appointment as Permanent Head 38. Acting appointments of Permanent Head 39. Dual appointments of Permanent Heads Subdivision C—Appointment of Officers other than Permanent Heads 40. Appointment of officers other than Permanent Heads 41. Special appointments 23. Appointments to be on probation 24. Special provisions relating to appointment of returned soldiers 25. Re-appointment of retired officers 26. Re-appointment of persons who have retired from Service to become candidates at elections 27. Repeal of heading to Division 5 of Part III and of sections 50 and 50a and substitution of new Subdivision heading and sections— Subdivision D—Promotions and Transfers of Officers other than Permanent Heads 50. Transfers and promotions 50a. Selection of officers for promotion 50b. Appeals 50c. Promotions Appeal Committees 50d. Determination of appeals 50k. Day on which promotion takes effect, &c. 50f. Death of officer before appeal determined 50g. Cancellation of promotions 50h. Promotion appeal rights of officers eligible for redeployment under Commonwealth Employees (Redeployment and Retirement) Act 50j. Transfer of officers by Permanent Head from one Department to another 50k. Simultaneous transfers within a Department 28. Insertion of new section— 51aa. Abolition of Department or changed administrative arrangements 29. Temporary performance of duties 30. Repeal of sections 53 to 54b and substitution of new sections and Subdivision— 53. Transfers or promotions to specified offices to be made in accordance with the order of passing examinations 53a. Promotion of officers who complete courses of training for special positions Subdivision E—Constitution and Organization of Promotions Appeal Committees 53b. Interpretation 53c. Constitution of Promotions Appeal Committees 53d. Remuneration and allowances 53e. Resignation of Chairman 53f. Leave of absence for full-time Chairman 53g. Termination of appointment of full-time Chairman TABLE OF PROVISIONS—continued Section 53h. Member ceasing to act 53j. Split decisions 53k. Places of sitting of Committee 31. Interpretation 32. Repeal of heading to Subdivision B of Division 6 of Part III and substitution of new heading and section— Subdivision B—Permanent Heads and Certain Unattached Officers 56a. Interpretation 33. Disciplinary action in respect of Permanent Heads, &c. 34. Conviction by courts of Permanent Heads, & c. 35. Suspension of Permanent Heads, &c. 36. Repeal of heading to Subdivision C of Division 6 of Part III and substitution of new heading and section— Subdivision C—Officers other than Permanent Heads 60a. Interpretation 37. Disciplinary action in respect of officers other than Permanent Heads 38. Inquiries into misconduct in relation to officers other than Permanent Heads 39. Convictions by courts of officers other than Permanent Heads 40. Suspension of officers other than Permanent Heads 41. Criminal offences 42. Imprisonment 43. Repeal of section 64 and substitution of new section— 64. Attachment of salaries of officers 44. Forfeiture of office 45. Remuneration to be not less favourable than State remuneration 46. Rate of remuneration 47. Appointment to the Service 48. Rate of remuneration 49. Officers serving with other bodies 50. Repeal of section 84c and substitution of new section— 84c. Promotion of transferred officers to offices in the Service 51. Interpretation 52. Restriction on prescription of public authorities, &c. 53. Officers engaged in eligible public employment 54. Preservation of rights in respect of leave 55. Office to become vacant in certain circumstances 56. Application of sections 50 and 53 to certain unattached officers 57. Employment of officers by certain authorities, &c., upon transfer of functions 58. Right to re-enter Service by way of transfer or promotion 59. Application for re-appointment to Service 60. Re-appointment to Service 61. Re-appointment in special circumstances 62. Rights of officers upon re-appointment 63. Constitution of, and inquiries by, Committees 64. Insertion of new section— 87TA. Preservation of rights of certain officers 65. Rights of officers to whom repealed Officers' Rights Declaration Act applies 66. Effect of repealed Officers' Rights Declaration Act ceasing to apply to officer 67. Effect of election or appeal on Trade Commissioner, &c. 68. Provisions relating to certain officers on leave under section 71 and employed in Northern Territory Public Service 69. Provisions relating to former officers who resigned to join certain commissions 70. Seniority of certain former officers re-appointed to Service 71. Repeal of section 87ZD and substitution of new section— 87ZD. Promotion of certain former officers 72. Insertion of new section— 89A. Protection of persons in respect of work reports on officers or employees 73. Payments to officers TABLE OF PROVISIONS—continued Section 74. Regulations 75. Schedule 3 76. Principal Act to continue to apply in relation to provisional promotions not confirmed be­fore commencing day 77. Dual appointments of Permanent Heads PART III—AMENDMENTS OF THE COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 78. Principal Act 79. Interpretation 80. Approved criteria and procedures 81. Redeployment in Public Service 82. Commonwealth Employees Redeployment and Retirement Appeals Tribunals 83. Retirement of Permanent Heads of Departments on ground of inefficiency or incapacity 84. Permanent Heads of Departments recommended for retirement on medical grounds may be declared unattached 85. Officers other than Permanent Heads recommended for retirement on medical grounds may be declared unattached 86. Retirement on ground of age 87. Regulations PART IV—AMENDMENTS OF OTHER ACTS 88. Amendments of Aboriginal Affairs (Arrangements with the States) Act 1973 89. Amendment of Administrative Decisions (Judicial Review) Act 1977 90. Amendments of Australian National Airlines Repeal Act 1981 91. Amendment of Meat Inspection Arrangements Act 1964 92. Amendments of Mint Employees Act 1964 93. Amendments of National Parks and Wildlife Conservation Act 1975 94. Amendments of Public Service Amendment Act 1978 95. Amendments of Remuneration Tribunals Act 1973 96. Amendments of Statistics (Arrangements with States) Act 1956 Public Service Acts Amendment Act 1982 No. 111 of 1982 An Act relating to the Australian Public Service [Assented to 5 November 1982] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Public Service Acts Amendment Act 1982. Commencement 2.(1) Sections 1, 2 and 3, sub-section 4 (2), sections 7, 8, 9, 10, 11, 12, 16 and 17, sub-sections 18 (1) and 25 (1), sections 28, 44, 45, 46, 47, 48, 52, 57, 68 and 72, sub-section 74 (2), sections 75, 77 and 82 and Part IV (other than sections 89, 90, 94 and 95) shall come into operation on the day on which this Act receives the Royal Assent. (2) Sub-sections 4 (3) and 34 (1), sections 41 and 49, sub-section 51 (2), sections 53, 54 and 64, sub-section 65 (1) and sections 67 and 94 shall be deemed to have come into operation on 15 March 1981. (3) Section 90 shall come into operation on the day fixed under sub-section 2 (2) of the Australian National Airlines Repeal Act 1981. (4) The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation. PART II—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 Principal Act 3. The Public Service Act 19221 is in this Part referred to as the Principal Act. Interpretation 4. (1) Section 7 of the Principal Act is amended by omitting from sub-section (1) the definitions of "Division", "Selection Test" and "the prescribed educational qualification". (2) Section 7 of the Principal Act is further amended— (a) by omitting from sub-section (1) the definition of "Department" and substituting the following definition: "'Department' means— (a) any Department of the Service (other than a Department of the Service that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of section 7a to be specified, in Schedule 2; or (b) a branch or part of the Service in relation to which a person has, under this Act or another Act, the powers of, or exercisable by, a Permanent Head as if that branch or part of the Service were a separate Department;"; (b) by inserting in sub-section (1) after the definition of "national service" the following definition: "'office of Permanent Head' means— (a) an office (other than an office that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of sub-section 25 (1) to be specified, in Schedule 3; or (b) an office the holder of which has, under this Act or another Act, in relation to a branch or part of the Service, the powers of, or exercisable by, a Permanent Head;"; (c) by inserting in sub-section (1) after the definition of "overseas" the following definitions: "'Permanent Head' means a person for the time being holding, or performing the duties of, an office of Permanent Head; 'relevant Permanent Head' means the Permanent Head of the Department in connection with which, or in which is employed an officer or employee in connection with whom, the expression is used or is applicable;"; and (d) by omitting from sub-section (1) the definition of "The Permanent Head". (3) Section 7 of the Principal Act is further amended by adding at the end thereof the following sub-section: "(2) In this Act, unless the contrary intention appears— (a) a reference to the repealed Officers' Rights Declaration Act 1928 shall be read as a reference to that Act as amended and in force immediately before 15 March 1981; and (b) a reference to the former section 6 of the Trade Commissioners Act 1933 shall be read as a reference to section 6 of that Act as amended and in force immediately before 15 March 1981.". Officers of the Parliament 5. (1) Section 9 of the Principal Act is amended— (a) by omitting from paragraph (1) (a) "all appointments or promotions of officers of the Department" and substituting "the appointment of a person to the office of Clerk"; (b) by omitting from paragraph (1) (b) "all appointments or promotions of officers of the Department" and substituting "the appointment of a person to the office of Clerk"; (c) by omitting from paragraph (1) (c) "all appointments or promotions of officers of the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or" and substituting "the appointment of a person to the office of Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to"; (d) by omitting sub-section (2) and substituting the following sub-sections: "(2) Notwithstanding anything contained in this Act— (a) the President of the Senate may appoint persons, or promote officers, to offices in the Department of the Senate (other than the office of Clerk of the Senate); (b) the Speaker may appoint persons, or promote officers, to offices in the Department of the House of Representatives (other than the office of Clerk of the House of Representatives); and (c) the President and the Speaker may appoint persons, or promote officers, to offices in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department (other than the offices of Parliamentary Librarian, Principal Parliamentary Reporter and Secretary to the Joint House Department). "(2aa) Subject to this section, unless inconsistent with the context, any action or approval required or authorized by this Act, the regulations or any determinations in force under section 82d to be taken or given by the Board shall or may, so far as officers and offices of the Parliament are concerned, be taken or given by the President or the Speaker, or the President and the Speaker, as the case may be, in substitution for the Board and any action (other than an action referred to in sub-section (2)) required or authorized by this Act, the regulations or any determination in force under section 82d to be taken by a Permanent Head or Chief Officer shall or may be taken— (a) in relation to officers of, and offices in, the Department of the Senate—by the Clerk of the Senate; (b) in relation to officers of, and offices in, the Department of the House of Representatives—by the Clerk of the House of Representatives; (c) in relation to officers of, and offices in, the Department of the Parliamentary Library—by the Parliamentary Librarian; (d) in relation to officers of, and offices in, the Department of the Parliamentary Reporting Staff—by the Principal Parliamentary Reporter; and (e) in relation to officers of, and offices in, the Joint House Department—by the Secretary to the Joint House Department."; (e) by inserting "or authorized" after "required" in paragraph (2a) (a); (f) by inserting "shall or" before "may" (first occurring) in paragraph (2a) (a); (g) by omitting from paragraph (2a) (b) "Secretary of and substituting "Secretary to"; (h) by omitting sub-section (5); (j) by omitting from paragraph (8) (a) "and"; and (k) by inserting after paragraph (8) (a) the following paragraph: "(aa) a reference to offices of the Parliament shall be read as a reference to offices in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; and". (2) All offices that, immediately before the date of commencement of this section, were offices in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department shall, on and after that date, continue to be offices in that Department having the same designation and classification as they had immediately before that date as if they had been validly created under and in accordance with sub-section 9a (1), (2) or (3) of the Principal Act as amended by this Act and persons occupying those offices immediately before that date shall be entitled, on and after that date, to continue to occupy those offices as if they had been validly appointed, promoted or transferred, as the case may be, to those offices under and in accordance with sub-section 9 (1) or (2) of the Principal Act as amended by this Act. 6. (1) After section 9 of the Principal Act the following sections are inserted in Part I: Creation, &c., of offices in Parliamentary Departments "9a. (1) The President may, after obtaining a report from the Clerk of the Senate— (a) create an office in the Department of the Senate; or (b) abolish an office in the Department of the Senate. "(2) The Speaker may, after obtaining a report from the Clerk of the House of Representatives— (a) create an office in the Department of the House of Representatives; or (b) abolish an office in the Department of the House of Representatives. "(3) The President and the Speaker may, after obtaining a report from the Parliamentary Librarian, the Principal Parliamentary Reporter or the Secretary to the Joint House Department, as the case may be— (a) create an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be; or (b) abolish an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be. "(4) The President may, after obtaining a report from the Clerk of the Senate— (a) raise or lower the classification of an office in the Department of the Senate; or (b) alter the designation of an office in the Department of the Senate, other than the office of Clerk of the Senate. "(5) The Speaker may, after obtaining a report from the Clerk of the House of Representatives— (a) raise or lower the classification of an office in the Department of the House of Representatives; or (b) alter the designation of an office in the Department of the House of Representatives, other than the office of Clerk of the House of Representatives. "(6) The President and the Speaker may, after obtaining a report from the Parliamentary Librarian, the Principal Parliamentary Reporter or the Secretary to the Joint House Department, as the case may be— (a) raise or lower the classification of an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be; or (b) alter the designation of an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be, other than the office of Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to the Joint House Department. "(7) Where the classification of an office in a Department referred to in sub-section (4), (5) or (6) is altered, the office shall be deemed to be vacant and the officer who occupied the office immediately before the alteration becomes an unattached officer. "(8) Where the President or the Speaker, or the President and the Speaker, as the case may be, makes or make the same alteration of the classification of all offices having the same designation and classification, the President or the Speaker, or the President and the Speaker, as the case may be, may, by notice published in the Gazette, direct that sub-section (7) shall not apply and, in that case, that sub-section does not apply. "(9) Where— (a) the President or the Speaker, or the President and the Speaker, as the case may be, makes or make an alteration of the classification of an office in a case where there is no other office having the same designation and classification as that office; and (b) the President or the Speaker, or the President and the Speaker, as the case may be, declares or declare, by notice published in the Gazette, that that alteration is related to an alteration in respect of which a notice is or has been published under sub-section (8), the President or the Speaker, or the President and the Speaker, as the case may be, may, in that first-mentioned notice, direct that sub-section (7) shall not apply in relation to that first-mentioned alteration and, in that case, that sub-section does not apply. Annual report to Parliament by Presiding Officers "9b. (1) In this section— (a) a reference to a Parliamentary Department shall be read as a reference to the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; (b) a reference to the relevant Presiding Officer or the relevant Presiding Officers, in relation to a Parliamentary Department, shall be read as a reference to— (i) in the case of the Department of the Senate—the President; (ii) in the case of the Department of the House of Representatives—the Speaker; and (iii) in the case of each other Parliamentary Department—the President and the Speaker; and (c) 'officer of the Parliament' and 'employee of the Parliament' have the same meanings as those expressions have in section 9. "(2) The person who is the relevant Presiding Officer, or the persons who are the relevant Presiding Officers, in relation to a Parliamentary Department shall, as soon as practicable after 30 June in each year, cause a report concerning the operation of that Parliamentary Department during the year that ended on that 30 June to be prepared and to be laid before— (a) the Senate, in the case of a report concerning the Department of the Senate; (b) the House of Representatives, in the case of a report concerning the Department of the House of Representatives; and (c) each House of the Parliament, in the case of a report concerning any of the other Parliamentary Departments. "(3) Nothing in this section shall be taken to affect any means by which a member of a House of the Parliament might seek information from the President or the Speaker, or the President and the Speaker, concerning any matter related to the administration of a Parliamentary Department.". (2) If this section comes into operation on a date after 30 June in any year and before the next following 1 January, the first report in relation to each Parliamentary Department under section 9b of the Principal Act as amended by this Act shall relate to the period commencing on the date of commencement of this section and ending on 30 June next following that date and shall so relate to that period as if that period were a year. (3) If this section comes into operation on a date after 31 December in any year and before the next following 1 July, the first report in relation to each Parliamentary Department under section 9b of the Principal Act as amended by this Act shall relate to the period commencing on the date of commencement of this section and ending on 30 June second occurring after that date and shall so relate to that period as if that period were a year. Constitution of the Public Service 7. Section 10 of the Principal Act is amended by omitting "the offices in the several Departments specified in Schedule 2" and substituting "offices in Departments". Appointment of Public Service Board 8. Section 11 of the Principal Act is amended— (a) by omitting from sub-section (1) ", and on the happening of any vacancy in the office of member of the Board the Governor-General shall appoint a person to the vacant office"; and (b) by omitting sub-section (8). Chairman of the Board 9. Section 12 of the Principal Act is amended— (a) by omitting from sub-section (1) ", and on the happening of any vacancy in the office of Chairman the Governor-General shall appoint a person to fill that office"; and (b) by omitting sub-section (2). 10. After section 12 of the Principal Act the following section is inserted: Acting appointments of members of the Board "12a. (1) The Governor-General may appoint a person to act as Chairman— (a) during a vacancy in the office of Chairman; or (b) during a period, or during all periods, when the Chairman is suspended from office, is absent from duty or Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act after the expiration of 6 months after the occurrence of the vacancy. "(2) While a person is acting as Chairman in pursuance of an appointment under sub-section (1)— (a) he has and may exercise all the powers, and shall perform all the functions, of a member of the Board under this Act or any other law, and, in addition, he has and may exercise all the powers, and shall perform all the functions, of the Chairman under this Act; and (b) in a case where he is not a member of the Board—he shall be deemed to be a member of the Board for the purposes of sub-sections 11 (8a), (8b) and (9) and 15 (2) and (3) and section 16. "(3) The Governor-General may appoint a person to act as a member of the Board— (a) during a vacancy in the office of a member of the Board (other than the Chairman); or (b) during a period, or during all periods, when a member of the Board (other than the Chairman) is acting as Chairman, is suspended from office, is absent from duty or Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act after the expiration of 6 months after the occurrence of the vacancy. "(4) While a person is acting as a member of the Board in pursuance of an appointment under sub-section (3), he has and may exercise all the powers, and shall perform all the functions, of a member of the Board under this Act or any other law, and shall be deemed to be a member of the Board for the purposes of sub-sections 11 (8a), (8b) and (9) and 15 (2) and (3) and section 16. "(5) An appointment of a person under sub-section (1) or (3) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. "(6) The Governor-General may— (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Chairman or as a member of the Board (other than the Chairman); and (b) terminate such an appointment at any time. "(7) Where— (a) a person is acting in the office of Chairman in pursuance of an appointment made under paragraph (1) (b); or (b) a person is acting in the office of a member of the Board (other than the Chairman) in pursuance of an appointment made under paragraph (3) (b), and that office becomes vacant while the person is so acting, then, subject to sub-section (5), that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 6 months from the date on which the vacancy occurred expires, whichever first happens. "(8) The appointment of a person to act as Chairman, or as a member of the Board (other than the Chairman), ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Governor-General. "(9) Section 18 does not apply to the making of an appointment under sub-section (1) or (3) or to the termination of such an appointment. "(10) The validity of anything done by a person purporting to act in pursuance of an appointment under sub-section (1) or (3) shall not be called in question on the ground that— (a) the occasion for his appointment had not arisen; (b) there is a defect or irregularity in or in connection with his appointment; (c) the appointment had ceased to have effect; or (d) the occasion for him to act had not arisen or had ceased.". Constitution of Board where vacancies exist 11. Section 13a of the Principal Act is amended— (a) by omitting paragraph (1) (b) and substituting the following paragraph: "(b) where a vacancy in the office of a member of the Board remains unfilled, the Board shall, for the purposes of this Act, be deemed to be constituted by the remaining members or member and by the person (if any) acting as a member of the Board during the vacancy."; and (b) by omitting sub-sections (2), (3) and (4) and substituting the following sub-section: "(4) In the event of the Board being constituted by one member, that member shall have all the powers and functions of the Chairman of the Board under this Act.". Delegation by Board 12. (1) Section 16 of the Principal Act is amended— (a) by omitting from sub-section (1) "or to an officer or employee" and substituting ", to an officer or employee or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister all or"; (b) by omitting from sub-section (3) "Permanent Head" and substituting "relevant Permanent Head"; and (c) by omitting sub-section (4) and substituting the following sub-section: "(4) In this section, a reference to the Chairman of the Board shall, if a person is acting as the Chairman of the Board, be read as a reference to that person.". (2) An instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it were an instrument of delegation under section 16 of the Principal Act as amended by sub-section (1). (3) Any delegation that the Public Service Board purported to make before the commencement of this section of all of its powers and functions under the Public Service Act 1922 or under any other law shall be deemed to have been as valid as it would have been if the reference in sub-section 16 (1) of the Public Service Act 1922 as in force at the time when the purported delegation was made to any of the Board's powers and functions under the Public Service Act 1922 or under any other law had been a reference to all or any of the Board's powers and functions under that Act or under any other law. (4) The reference in sub-section (2) to an instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section includes a reference to such an instrument that is to be taken to have been in force by reason of the operation of sub-section (3). Records of officers 13. Section 21 of the Principal Act is amended— (a) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs: "(a) if he is occupying an office—the designation of that office; or "(b) if he is an unattached officer performing duties in a Department—the designation applicable to him as a person performing those duties."; and (b) by omitting sub-sections (3), (4) and (5). Division heading 14. The heading to Division 1 of Part III of the Principal Act is repealed and the following heading is substituted: "Division 1—Permanent Heads and Chief Officers". Repeal of sections 23 and 24 15. Sections 23 and 24 of the Principal Act are repealed. Permanent Heads 16. Section 25 of the Principal Act is amended— (a) by omitting from sub-section (3) "Permanent Head" (wherever occurring) and substituting "relevant Permanent Head"; (b) by adding at the end of sub-section (4) "as if those branches of the Service were separate Departments"; (c) by omitting sub-section (4a); (d) by inserting in sub-section (5) "or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister" after "delegate to an officer"; and (e) by omitting sub-section (7). Chief Officers 17. (1) Section 26 of the Principal Act is amended— (a) by omitting paragraph (1) (b) and substituting the following paragraph: "(b) an officer or employee appointed by the Board, on the recommendation of the relevant Permanent Head, to be a Chief Officer of that Department."; and (b) by omitting sub-section (3) and substituting the following sub-sections: "(3) In the event of— (a) the absence from duty or from Australia; or (b) a vacancy occurring in the office, of a person who is a Chief Officer, an officer or employee appointed for the purpose by the relevant Permanent Head shall, unless the Governor-General otherwise directs, perform the duties of the Chief Officer, and anything done by that officer or employee shall be as valid and effective for all purposes and against all persons as if done by the Chief Officer. "(4) The Board may, on the recommendation of a Permanent Head who has the control of a branch or part of the Service, determine, in writing, that the holder of a specified Commonwealth office has, and may exercise and perform, in relation to— (a) specified officers or a specified class of officers of, or performing duties in, that branch or part of the Service; or (b) specified employees or a specified class of employees employed in that branch or part of the Service, such of the powers, authorities or duties conferred or imposed on a Chief Officer by this Act, the regulations or determinations in force under sub-section 9 (7a) or section 82d, and such other powers, authorities and duties (if any), as are specified in the instrument of determination. "(5) In the event of— (a) the absence from duty or from Australia; or (b) a vacancy occurring in the office, of a person who, by virtue of a determination under sub-section (4), has and may exercise, in relation to a branch or part of the Service, powers, authorities or duties conferred or imposed on a Chief Officer, an officer or employee appointed for the purpose by the Permanent Head who has the control of that branch or part of the Service, shall, unless the Governor-General otherwise directs, exercise and perform the powers, authorities and duties specified in the determination, and anything done by that officer or employee shall be as valid and effective for all purposes and against all persons as if done by the first-mentioned person. "(6) In this section— 'Commonwealth office' means an office or appointment the holder of which is appointed, under a law of the Commonwealth, by the Governor-General or a Minister, but does not include any of the offices or appointments referred to in paragraphs (c) to (n) (inclusive) of the definition of 'Commonwealth office' in sub-section 87 (1); 'Department' means a Department referred to in paragraph (a) of the definition of 'Department' in sub-section 7 (1).". (2) An appointment of an officer under paragraph 26 (1) (b) of the Principal Act as a Chief Officer of a Department is not affected by the amendments made by sub-section (1) but, on and after the commencement of this section, any such appointment shall have effect as if it were an appointment under paragraph 26 (1) (b) of the Principal Act as amended by this Act. (3) An appointment under sub-section 26 (3) of the Principal Act of an officer to perform the duties of a Chief Officer is not affected by the amendments made by sub-section (1) but, on and after the commencement of this section, any such appointment shall have effect as if it were an appointment under sub-section 26 (3) of the Principal Act as amended by this Act. Creation, &c., of offices 18. (1) Section 29 of the Principal Act is amended— (a) by omitting from sub-section (1) "Permanent Head" and substituting "relevant Permanent Head"; (b) by inserting after sub-section (1) the following sub-sections: "(1a) Where a Department is abolished, the Governor-General may, on the recommendation of the Board— (a) create in another Department an office— (i) that has the same classification as an office that existed in the first-mentioned Department immediately before it was abolished; and (ii) the holder of which is required to perform substantially the same duties as the holder of the office referred to in sub-paragraph (i); and (b) declare the office so created by him to be in substitution for the first-mentioned office. "(1b) Where, by virtue of administrative arrangements approved by the Governor-General, a matter is to be dealt with by a different Department from the Department by which that matter was dealt with immediately before those arrangements were approved, the Governor-General may, on the recommendation of the Board— (a) abolish an office in the last-mentioned Department the holder of which is required to perform duties that relate wholly or mainly to that matter; (b) create in the first-mentioned Department an office— (i) that has the same classification as the office so abolished; and (ii) the holder of which is required to perform substantially the same duties as the holder of the office so abolished; and (c) declare the office so created by him to be in substitution for the office so abolished."; and (c) by omitting from sub-section (2) "Permanent Head" (first occurring) and substituting "relevant Permanent Head". (2) Section 29 of the Principal Act is further amended by adding at the end thereof the following sub-section: "(6) In this section, 'office' does not include an office of the Parliament within the meaning of section 9.". 19. (1) Section 30 of the Principal Act is repealed and the following section is substituted: Salaries of officers "30. (1) A Permanent Head shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed. "(2) The operation, in relation to Permanent Heads, of this Act, the regulations or determinations in force under sub-section 9 (7a) or section 82d is subject to the Remuneration Tribunals Act 1973. "(3) Officers other than Permanent Heads shall be paid salary at such rates, or in accordance with such scales of rates, as are determined under sub-section 9 (7a) or section 82d. "(4) In this section, 'Permanent Head' means a person for the time being holding, or performing the duties of, an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 7 (1).". (2) A determination made by the Remuneration Tribunal that was in force immediately before the repeal of section 30 of the Principal Act continues in force after the repeal of that section as if it were a determination made by that Tribunal for the purposes of section 30 of the Principal Act as amended by this Act. Division heading 20. The heading to Division 4 of Part III of the Principal Act is repealed and the following heading is substituted: "Division 4—Appointments, Transfers and Promotions". 21. (1) Section 33 of the Principal Act is repealed and the following heading and sections are substituted: "Subdivision A—Preliminary Interpretation "33. (1) In this Division, unless the contrary intention appears— 'Committee' means a Promotions Appeal Committee established under section 50c; 'prescribed day', in relation to a promotion of an officer under section 50, means the later of— (a) a day ascertained in accordance with the regulations, being a day occurring not earlier than the date of notification of the promotion in the Gazette; and (b) the day on which the office to which the officer is promoted becomes vacant; 'promotion', in relation to an officer, means a movement of the officer within the Service for the purpose of his occupying an office in respect of which a rate of salary is payable, or a maximum rate of salary is applicable, that is higher than the rate of salary that was payable, or the maximum rate of salary that was applicable, as the case may be, in respect of the office occupied by him, or, in the case of an unattached officer, to or in respect of him, immediately before the movement took place. "(2) In this Division, unless the contrary intention appears, a reference to a vacant office includes a reference to an office that is expected to become vacant and a reference to a vacancy includes a reference to a vacancy that is expected to occur. "(3) In this Division, a reference to the determination of an appeal against the promotion of an officer is a reference to the allowing or disallowing of the appeal under section 50d. "(4) For the purposes of this Division, an appeal shall be taken to become inoperative if— (a) the appeal is withdrawn; (b) the appeal lapses by virtue of section 50f or 50g; (c) the appellant or the officer against whose promotion the appeal was made ceases to be an officer, otherwise than by virtue of his becoming a person to whom Division 3 of Part IV applies; or (d) the appellant or the officer against whose promotion the appeal was made ceases, by reason of his promotion to another office having taken effect or for any other reason, to be eligible for promotion to the office concerned. "(5) For the purposes of this Division, the parties to particular appeal proceedings are the officer promoted under section 50 and the appellant or appellants. 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 will be given in the Gazette of the existence of vacant offices in Departments; 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. Prohibition of patronage, &c. "33b. Powers under this Act in respect of recruitment, appointments, transfers or promotions shall be exercised in accordance with procedures that involve a careful assessment of those personal qualifications and capabilities that are likely to contribute to the efficient working of the Service and preclude patronage, favouritism or unjustified discrimination. Board may arrange for tests and examinations "33c. 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 "33d. 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, by instrument 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. 22. Sections 35 to 46 (inclusive) of the Principal Act are repealed and the following Subdivision, Subdivision heading and sections are substituted: "Subdivision B—Appointment of Permanent Heads Interpretation "35. (1) In this Subdivision, unless the contrary intention appears— 'appointment' includes re-appointment; 'Chairman' means Chairman of the Board and includes a person acting as the Chairman of the Board; 'established candidate', in relation to a vacancy in an office of Permanent Head, means a person who— (a) has been nominated by the Chairman, or by a Committee, in accordance with the procedures prescribed by section 37, as being suitable for appointment to fill that vacancy; (b) not being a person mentioned in paragraph (a), holds another office of Permanent Head, other than an office to which he was appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982; or (c) not being a person mentioned in paragraph (a) or (b), has at any previous time or times held an office of Permanent Head, other than an office to which he was appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982, and has continued to be an officer of the Service since he ceased, or last ceased, so to hold an office of Permanent Head; 'office of Permanent Head' means an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 7 (1), but does not include an office to or in relation to which section 9 applies. "(2) For the purposes of this Subdivision, a person shall be taken to have been a permanent officer of the Service at any relevant time if— (a) the person— (i) held an office in the Service at that time, other than an office to which he had been appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982; or (ii) was an unattached officer at that time; or (b) the person— (i) had held an office in the Service during any period that ended before that time, other than an office to which he had been appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982; or (ii) had been an unattached officer during such a period, and the person continued to be an officer of the Service from the expiration of that period, or, if there was more than one such period, the expiration of the last such period, until the relevant time. Appointment of Permanent Heads "36. (1) Every appointment to an office of Permanent Head shall be made by the Governor-General in accordance with the recommendation of the Prime Minister. "(2) Before an appointment is made to fill a vacancy that has occurred, or is expected to occur within 6 months, in an office of Permanent Head— (a) the procedures prescribed by section 37 shall be followed; and (b) any recommendation made to the Governor-General by the Prime Minister for the appointment of a person to fill that vacancy shall state whether or not the person is an established candidate in relation to that vacancy. "(3) Where a person is appointed to an office of Permanent Head— (a) the instrument of appointment shall state that the Prime Minister has informed the Governor-General that the person was, or was not, as the case may be, an established candidate; and (b) as soon as practicable after the appointment is made— (i) a copy of the instrument of appointment shall be published in the Gazette; and (ii) a copy of the instrument of appointment shall be furnished to the person appointed. "(4) In any proceeding, a statement in the instrument of appointment of a person to fill a vacancy in an office of Permanent Head that the Prime Minister has informed the Governor-General that the person was, or was not, an established candidate is prima facie evidence that the person was, or was not, as the case may be, an established candidate in relation to that vacancy. "(5) The following provisions of this section apply only where a person to be appointed to fill a vacancy in an office of Permanent Head after the commencement of this section is not an established candidate in relation to that vacancy. "(6) The person shall be appointed to hold office for such period, not exceeding 5 years and not extending beyond the date on which he will attain the age of 65 years, as is specified in the instrument of his appointment but, subject to this section, he is eligible for re-appointment. "(7) The Governor-General may, before the expiration of the period for which the person is appointed to hold office, terminate the appointment of the person on the recommendation of the Prime Minister if the Prime Minister who makes the recommendation is not a member of— (a) the political party of which the Prime Minister on whose recommendation the person was appointed was a member at the time when the person was appointed; or (b) a political party of which any other person who held office as a Minister at that time was then a member. "(8) Except in the case of a person who is a permanent officer of the Service immediately before his appointment takes effect, the Governor-General may, at the time when the appointment is made, on the recommendation of the Prime Minister, by instrument under his hand determine that, if the appointment— (a) is terminated under sub-section (7) before the expiration of the period for which the person is appointed; or (b) terminates by reason of the abolition of the office held by the person, the person shall be entitled to such compensation (if any) as is specified in, or ascertained in accordance with, that instrument. "(9) As soon as practicable after a determination is made under sub-section (8), a copy of the instrument of determination shall be published in the Gazette. "(10) Where the appointment of a person to an office of Permanent Head is terminated under sub-section (7) before the expiration of the period for which he was appointed or terminates by reason of the expiration of that period or an office of Permanent Head held by a person is abolished, then— (a) if he was, immediately before his appointment took effect, a permanent officer of the Service— (i) he shall be deemed to be an unattached officer having such status (other than the status of a Permanent Head) and salary, as are determined by the Board having regard to the office (other than an office of Permanent Head) last held by him and the period of his service, or the aggregate of the periods of his service, as a Permanent Head; and (ii) he is entitled to be appointed to an appropriate office having that status and salary, but, if he gives notice in writing to the Board stating that he wishes to retire from the Service, he shall be deemed to be retired from the Service forthwith upon the giving of the notice; and (b) if he was not, immediately before his appointment took effect, a permanent officer of the Service, he shall be deemed to be retired from the Service forthwith upon the termination of his appointment or the abolition of his office, as the case may be. "(11) Where— (a) a person is deemed to be retired from the Service by reason of sub-section (10); and (b) the person had not attained the age of 60 years before the time when he is deemed to be so retired, he shall, for the purposes of the Superannuation Act 1976, be deemed to have retired involuntarily. "(12) Section 18 does not apply in relation to the doing of any act by the Governor-General under this section in relation to an office of Permanent Head. "(13) Nothing in this section affects the operation of Division 6 of this Part or of section 18 of the Commonwealth Employees (Redeployment and Retirement) Act 1979. Procedures for nominating persons as suitable for appointment as Permanent Head "37. (1) The procedures set out in the following provisions of this section are prescribed for the purposes of section 36. "(2) Where a vacancy has occurred, or is expected to occur within 6 months, in an office of Permanent Head (in this section referred to as the 'relevant office'), the Chairman— (a) shall prepare a written report nominating persons (whether officers of the Service or not) whom he considers suitable for appointment to fill that vacancy; and (b) shall, after consulting the Prime Minister as to the persons who are to be members of the Committee, by instrument under his hand, appoint a Committee, to be constituted as provided by sub-section (3), to prepare a written report nominating persons (whether officers of the Service or not) whom the Committee considers suitable for appointment to fill that vacancy. "(3) Subject to sub-section (4), the Committee shall consist of— (a) the Chairman; and (b) such number (not being less than 2) of other persons, being persons each of whom holds an office of Permanent Head, as the Chairman thinks it desirable to appoint. "(4) The Chairman may, after consulting the Prime Minister, at any time appoint an additional person or persons (being a person who, or persons each of whom, holds an office of Permanent Head) to be a member or members of the Committee but any such appointment does not affect the validity of anything done by the Committee as constituted before the additional member is, or the additional members are, appointed. "(5) A member of the Committee other than the Chairman may, at any time, by notice in writing to the Chairman, resign from the Committee. "(6) The Chairman— (a) shall convene such meetings of the Committee as he considers necessary for the proper performance of its functions; and (b) shall preside at all meetings of the Committee. "(7) A quorum at a meeting of the Committee is constituted by the Chairman and such number of other members as, together with the Chairman, constitute at least two-thirds of the total number of members. "(8) At a meeting of the Committee— (a) the procedure to be followed shall, subject to this section, be as determined by the Committee; (b) questions arising shall be determined by a majority of the votes of the members present and voting; and (c) the Chairman has a deliberative vote and, in the event of an equality of votes, also has a casting vote. "(9) For the purpose of assisting the Committee in the performance of its functions, the Chairman may consult, or authorize a person on his behalf to consult, such other persons as he considers appropriate for the purpose of ascertaining the names of persons whom the persons consulted consider suitable for appointment to the relevant office, and shall inform the Committee as to the persons consulted and as to the persons who are considered by the persons consulted to be suitable for appointment to the relevant office. "(10) A report under this section— (a) shall contain a list of the names of persons whom the Chairman or the Committee, as the case may be, considers suitable for appointment to the relevant office; and (b) may contain such comments as the Chairman or the Committee, as the case may be, considers relevant. "(11) The Chairman shall furnish to the Prime Minister and to the Minister (in this section referred to as the 'Minister concerned') of the Department in which the relevant office exists the report prepared by him in accordance with paragraph (2) (a) and the report prepared by the Committee in accordance with paragraph (2) (b). "(12) The Prime Minister may, after the reports have been furnished in accordance with sub-section (11), require the Chairman to arrange for the publication in the Gazette, and in such newspapers or other publications (which may include newspapers or other publications outside Australia) as the Chairman thinks appropriate, advertisements inviting applications for appointment to the relevant office and the Chairman shall comply with any such requirement. "(13) If the Prime Minister has required the publication of advertisements in relation to the relevant office as mentioned in sub-section (12), the Chairman and the Committee shall consider whether any persons who make applications in pursuance of the advertisements are suitable for appointment to the relevant office and prepare revised reports accordingly. "(14) If, after reports have been furnished in accordance with this section, the Prime Minister or the Minister concerned requests the Chairman and the Committee to reconsider their respective reports so as to consider— (a) whether a particular person whose name is not, or particular persons whose names are not, specified in the list contained in the report concerned is or are suitable for appointment to the relevant office; or (b) whether there are other persons not specified in the list who are suitable for appointment to the relevant office, the Chairman and the Committee shall comply with the request and, if they think it appropriate to do so, prepare revised reports accordingly. "(15) If a list of names contained in a report prepared by the Chairman or by the Committee under this section in relation to an office of Permanent Head includes the name of a person who holds another office of Permanent Head, the Chairman or the Committee, as the case may be, may also prepare a report under sub-section (2) in relation to that other office as if that other office were expected to become vacant and, in the case of the Committee, as if the Committee had been appointed in accordance with that sub-section to prepare a report in relation to that other office. Acting appointments of Permanent Head "38. (1) The Governor-General may, by instrument in writing, appoint an officer to act in an office of Permanent Head— (a) during a vacancy in the office; (b) during a period (if any) when the holder of the office is suspended from duty under section 57 or 59; or (c) during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office, but an officer appointed to act during a vacancy shall not continue so to act for more than 6 months. "(2) An appointment of an officer under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. "(3) The Governor-General may, at any time, by instrument in writing, terminate an appointment under sub-section (1). "(4) Where an officer is acting in an office in accordance with paragraph (1) (b) or (c) and that office becomes vacant while that officer is so acting, then, subject to sub-section (2), that officer may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 6 months from the date on which the vacancy occurred expires, whichever first happens. "(5) While an officer is acting in an office in accordance with sub-section (1), he has and may exercise all the powers, and shall perform all the functions, of the holder of that office under this Act or any other law. "(6) Section 18 does not apply to the making of an appointment under sub-section (1) or to the termination of such an appointment. "(7) The validity of anything done by an officer purporting to act under sub-section (1) shall not be called in question on the ground that— (a) the occasion for his appointment had not arisen; (b) there is a defect or irregularity in or in connection with his appointment; (c) the appointment had ceased to have effect; or (d) the occasion for him to act had not arisen or had ceased. "(8) In this section, 'office of Permanent Head' includes an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 7 (1) that is an office to or in relation to which section 9 applies. Dual appointments of Permanent Heads "39. (1) A person who at any time holds an office of Permanent Head may be appointed to hold another office of Permanent Head and shall not, by reason only of being so appointed, cease to hold the first-mentioned office. "(2) Sub-sections 36 (2) to (13), inclusive, do not apply in relation to an appointment to which sub-section (1) of this section applies. "(3) A person who at any time holds, or holds an appointment to act in, an office of Permanent Head may be appointed to act in another office of Permanent Head and shall not, by reason only of being so appointed, cease to hold, or to hold the appointment to act in, the first-mentioned office. "(4) If a person who is appointed to hold, or to act in, an office of Permanent Head at a time when he holds, or holds an appointment to act in, another office of Permanent Head ceases for any reason to hold, or to hold the appointment to act in, the first-mentioned office, he thereupon also ceases, by force of this sub-section, to hold, or to hold the appointment to act in, the other office. "(5) If a person who holds, or holds an appointment to act in, an office of Permanent Head is appointed to hold, or to act in, another office of Permanent Head, he shall not be paid any remuneration, whether by way of salary, annual allowance or otherwise, in respect of his holding, or holding the appointment to act in, the other office. "(6) This section has effect notwithstanding anything contained in any other section of this Act or in the Remuneration Tribunals Act 1973. "(7) Nothing in this section shall be construed as excluding the application of sub-section 19b (3) of the Acts Interpretation Act 1901 in relation to any provision of this section. "Subdivision C—Appointment of Officers other than Permanent Heads Appointment of officers other than Permanent Heads "40. (1) Subject to this Part, the Board may appoint a person to a particular office in the Service (not being an office of Permanent Head) or as an unattached officer in the Service. "(2) An unattached officer appointed under sub-section (1) shall have such designation as the Board determines to be appropriate to his duties. "(3) A person shall not be appointed as an unattached officer unless he is qualified for appointment to an office having a designation corresponding to his designation as an unattached officer. Special appointments "41. (1) Subject to this section, if in a special case it appears to the Board to be desirable in the public interest to do so, the Board may, under this section, appoint to an office in the Service (other than an office of Permanent Head) a person who is not ineligible for appointment by reason of section 34 but is not qualified, by reason of his not satisfying a requirement for appointment specified in a notification under section 33a, to be appointed to that office. "(2) An appointment of a person under this section to an office shall not be made unless the Board certifies, after obtaining a report from the Permanent Head of the Department concerned, that it is satisfied that there is no officer available in the Service who is as capable as that person of filling the office. "(3) Where the Board makes an appointment under this section, it shall cause a statement containing particulars of the appointment, together w