Commonwealth: Public Service Reform Act 1984 (Cth)

Public Service Reform Act 1984 No. 63 of 1984 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. Insertion of new section— 6. Chief object of Act 5. Interpretation 6. Officers of the Parliament 7. Termination of employment 8. Delegation by Board 9. Records of officers 10. Insertion of new Part— PART IIA—PERSONNEL MANAGEMENT 22a. Personnel management reviews 11. Insertion of new section— 22b. Equal employment opportunity programs 12. Insertion of new section— 22c. Industrial democracy plans 13. Division heading 14. Secretaries of Departments 15. Insertion of new sections— 26. Delegation by Secretaries of Departments 26a. Chief Officers 16. Insertion of new section— 26aa. The Senior Executive Service Section TABLE OF PROVISIONS—continued 17. Insertion of new sections— 27. Creation and abolition of offices 28. Classification of offices and officers 29. Administrative re-arrangements 29a. Re-classification of offices 18. Classification of offices and officers 19. Insertion of new Division— Division 2b—Part-time Offices 29b. Part-time offices 29c. Hours of attendance of part-time officers 29d. Hours of attendance of certain unattached officers 20. Salaries of officers 21. Insertion of new section— 33aaa. Interpretation 22. Interpretation 23. Repeal of section 33 and substitution of new heading and sections— Subdivision A—Preliminary 33. Application of merit principle, prohibition of patronage, &c. 33a. Notification of certain matters related to appointment, transfer or promotion 33b. Board may arrange for tests and examinations 33c. Unattached officers 24. Notification of certain matters related to appointment, transfer or promotion 25. Insertion of new section— 33aa. Notification of vacancies in Senior Executive Service offices 26. Eligibility for appointment to the Service 27. Repeal of sections 35 to 46 (inclusive) and substitution of new Subdivision, new Subdivision heading and new sections— Subdivision B—Appointment of Secretaries of Departments 35. Interpretation 36. Appointment of Secretaries of Departments 37. Fixed-term appointments 38. Superannuation benefits for fixed-term Secretaries of Departments 39. Acting appointments of Secretaries of Departments 40. Dual appointment of Secretaries of Departments 41. Certain provisions not to apply to appointments under this Subdivision Subdivision C—Appointment of officers other than Secretaries of Departments 42. Appointment of officers other than Secretaries of Departments 43. Special appointments 28. Insertion of new sections— 44. Fixed-term appointments to Senior Executive Service 45. Superannuation benefits for fixed-term Senior Executive Service officers 29. Appointments to be on probation 30. Repeal of section 48a 31. Insertion of new Division— Division 4a—Transfers and promotions of Senior Executive Service officers 48b. Interpretation 49. Transfers of Senior Executive Service officers 49a. Duties to be performed by Senior Executive Service officers 49b. Promotions to Senior Executive Service offices 49c. Selection of officers for promotion to Senior Executive Service offices 49d. Day on which transfer or promotion takes effect 49e. Division 5 not to apply 32. Repeal of heading to Division 4a of Part III and substitution of new Subdivision heading— table of provisions—continued Section Subdivision CA—Transfers and promotions of Senior Executive Service officers 33. Interpretation 34. Selection of officers for promotion to Senior Executive Service offices 35. Subdivision D not to apply 36. Repeal of heading to Division 5 of Part III and substitution of new heading— Division 5—Transfers and promotions of officers other than Senior Executive Service officers 37. Transfers and promotions 38. Selection of officers for promotion 39. Appeals 40. Promotion Appeal Committees 41. Insertion of new section— 50ca. Constitution of Promotion Appeal Committees 42. Repeal of sections 50c and 50ca 43. Determination of appeals 44. Insertion of new section— 50da. Transfer or promotion on advice of Joint Selection Committee 45. Transfer or promotion on advice of Joint Selection Committee 46. Day on which promotion takes effect, & c. 47. Insertion of new sections— 50ea. Multiple promotions 50eb. Day on which transfer takes effect, & c. 48. Cancellation of promotion 49. Transfer of officers by Secretary from one Department to another 50. Simultaneous transfers within a Department 51. Abolition of Department or changed administrative arrangements 52. Temporary performance of duties 53. Officer may decline promotion or transfer, & c. 54. Transfers and promotions to specified offices to be made in accordance with order of passing examinations 55. Transfers and promotions to specified offices to be made in accordance with the order of passing of examinations 56. Promotion of officers who complete courses of training for special positions 57. Promotions of officers who complete courses of training for special positions 58. Promotion of junior officers after attaining the age of 21 years 59. Repeal of Subdivision 60. Repeal of sections 54, 54a and 54b 61. Interpretation 62. Interpretation 63. Inquiries into misconduct in relation to officers other than Secretaries of Departments 64. Convictions by courts of officers other than Secretaries of Departments 65. Recommendation for dismissal 66. Removal and variation of suspension relating to officers other than Secretaries of Departments 67. Appeals 68. Disciplinary Appeal Boards 69. Nullification of conviction 70. Review of findings 71. Interpretation 72. Misconduct committed before becoming unattached officer 73. Misconduct while unattached officer 74. Criminal offences 75. Repeal of section 63n and substitution of new section— 63n. When directions for dismissal take effect 76. Appeals 77. Repeal of section 63q and substitution of new section— 63q. Reasons to be given for making finding or giving direction, & c. 78. Application to unattached officers performing duty in Department 79. Re-appointment of officers deemed to have retired under section 66a 80. Leave of absence for recreation 81. Insertion of new Division— ———— TABLE of provisions—continued Section Division 8a—Retirement and redeployment of Secretaries of Departments 76a. Interpretation 76b. Retirement upon or after attaining minimum retiring age 76c. Retirement on ground of age 76d. Retirement of Secretaries of Departments on grounds of inefficiency or incapacity 76e. Termination of appointment 76f. Redeployment of unattached Secretaries of Departments 76g Secretaries of Parliamentary Departments recommended for retirement on medical grounds may be declared unattached 82. Retirement upon or after attaining minimum retiring age 83. Redeployment of unattached Secretaries of Departments 84. Insertion of new Division— Division 8b—Retirement and redeployment of Senior Executive Service officers 76h. Interpretation 76i. Retirement of Senior Executive Service officers upon or after attaining minimum retiring age 76j. Retirement on ground of age 76k. Declaration on grounds of invalidity 76l. Redeployment and retirement of Senior Executive Service officers 76m. Appeal to Appeal Tribunal 76n. Retirement with consent of officer on grounds of invalidity 76p. Senior Executive Service officers recommended for retirement on medical grounds may be declared unattached 76q. Benefits 76r. Special benefits available to retiring officers 85. Interpretation 86. Declaration on grounds of invalidity 87. Redeployment and retirement of Senior Executive Service officers 88. Appeal to Appeal Committee 89. Repeal of heading to Division 10 of Part III and substitution of new heading— Division 10—Employees 90. Temporary employment 91. Employment of persons who have resigned to become candidates at elections 92. Determinations 93. Determination of matters by reference to other instruments 94. Promotion of transferred officers to offices in the Service 95. Interpretation 96. Office to become vacant in certain circumstances 97. Application of sections 50 and 53 to certain unattached officers 98. Insertion of new section— 87KAA. Interpretation 99. Right to re-enter Service by way of transfer or promotion 100. Application for re-appointment to Service 101. Re-appointment to Service 102. Re-appointment in special circumstances 103. Constitution of, and inquiries by, Committees 104. Effect of repealed Officers' Rights Declaration Act ceasing to apply to officer 105. Provisions relating to former officers who resigned to join certain commissions 106. Promotion of certain former officers 107. Dismissal of officer of enemy origin 108. Personation, &c, at examinations 109. Regulations 110. Amendment of certain provisions of Principal Act PART III—AMENDMENT OF THE PUBLIC SERVICE AND STATUTORY AUTHORITIES AMENDMENT ACT 1980 111. Principal Act 112. Regulations TABLE OF PROVISIONS—continued PART IV—AMENDMENTS OF THE PUBLIC SERVICE ACTS AMENDMENT ACT 1982 Section 113. Principal Act 114. Division heading 115. Repeal of sections 21 and 22 116. Application of section 30 117. Application of sections 50 and 53 to certain unattached officers 118. Application for re-appointment to Service 119. Provisions relating to former officers who resigned to join certain commissions 120. Regulations 121. Dual appointments of Permanent Heads 122. Repeal of sections 80 and 81 123. Repeal of sections 83 and 84 124. Retirement on ground of age PART V—AMENDMENTS OF THE COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 125. Principal Act 126. Interpretation 127. Persons in relation to whom this Act applies 128. Approved criteria and procedures 129. Notification of declaration 130. Redeployment in Public Service 131. Appeals 132. Commonwealth Employees Redeployment and Retirement Appeals Tribunals 133. Commonwealth Employees Redeployment and Retirement Appeals Tribunals 134. Retirement of Permanent Heads on grounds of inefficiency or incapacity 135. Permanent Heads recommended for retirement on medical grounds may be declared unattached 136. Retirement on ground of age 137. Regulations PART VI—AMENDMENTS OF THE GOVERNOR-GENERAL ACT 1974 138. Principal Act 139. Amendment of title 140. Insertion of new section— 2a. Interpretation 141. Insertion of new sections— 6. Official Secretary 7. Terms and conditions of appointment 8. Remuneration of Official Secretary 9. Operation of Superannuation Act 10. Resignation 11. Termination of appointment 12. Acting Official Secretary 13. Official Secretary may employ staff 14. Terms and conditions of employment 15. Termination of employment 16. Rights of officers employed by Official Secretary 17. Rights of relevant public servants employed by Official Secretary 18. Operation of Public Service Arbitration Act 19. Annual Report 20. Regulations PART VII—AMENDMENTS OF THE LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 142. Principal Act 143. Long service leave benefits not to be granted under other laws table of provisions—continued PART VIII—AMENDMENTS OF THE MEMBERS OF PARLIAMENT Section (STAFF) ACT 1984 144. Principal Act 145. Interpretation 146. Rights of officers employed by office-holders 147. Rights of officers employed by Senators and Members 148. Repeal of Part V PART IX—AMENDMENT OF THE REMUNERATION TRIBUNALS ACT 1973 149. Principal Act 150. Time of making reports and determinations PART X—CONSEQUENTIAL AMENDMENTS 151. Consequential amendments relating to Secretaries of Departments 152. Consequential amendments relating to temporary employment 153. Consequential amendments relating to nationality requirements 154. Insertion of new section— 6a. Official Secretary to the Governor-General PART XI—TRANSITIONAL PROVISIONS 155. Conversion of part-time employees into part-time officers 156. Redeployment proceedings in relation to Senior Executive Service officers 157. Saving of certain regulations 158. References to temporary employment 159. Saving of certain proceedings SCHEDULES SCHEDULE 1 AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922 SCHEDULE 2 AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922 SCHEDULE 3 AMENDMENTS OF CERTAIN PROVISIONS OF THE PUBLIC SERVICE ACT 1922 SCHEDULE 4 CONSEQUENTIAL AMENDMENTS RELATING TO SECRETARIES OF DEPARTMENTS SCHEDULE 5 CONSEQUENTIAL AMENDMENTS RELATING TO TEMPORARY EMPLOYMENT SCHEDULE 6 CONSEQUENTIAL AMENDMENTS RELATING TO NATIONALITY REQUIREMENTS Public Service Reform Act 1984 No. 63 of 1984 An Act relating to reform of the Australian Public Service, and for related purposes [Assented to 25 June 1984] 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 Reform Act 1984. Commencement 2. (1) Sections 1, 2, 3, 4 and 7, sub-sections 29 (1) and (3), sections 107 and 108, Parts III and IV and sections 125, 138, 142, 144 and 149 shall come into operation on the day on which this Act receives the Royal Assent. (2) Section 21, sub-section 29 (2), sections 32, 33 and 35, sub-sections 37 (1) and 38 (1), sections 39, 40 and 41, sub-section 43 (1), sections 44 and 46 to 50 (inclusive), sub-section 56 (1), section 59, sub-sections 87 (1), 96 (2), 97 (4), 99 (3), 100 (2), 104 (2) and 105 (2), section 106, sub-sections 109 (2), 110 (3) and 130 (2) and section 157 shall come into operation immediately after section 27 of the Public Service Acts Amendment Act 1982 comes into operation. (3) Section 13 and sub-sections 97 (1), 100 (1), 105 (1), 109 (1) and 130 (1) shall come into operation immediately after section 15 of the Public Service Acts Amendment Act 1982 comes into operation. (4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days 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. 4. After section 5 of the Principal Act the following section is inserted: Chief object of Act "6. The chief object of this Act is to constitute a public service for the efficient, equitable and proper conduct, in accordance with sound management practices (including personnel management practices), of the public administration of the Australian Government and this Act shall be construed accordingly.". Interpretation 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;". Officers of the Parliament 6. Section 9 of the Principal Act is amended— (a) by omitting from paragraph (2a) (a) "persons temporarily employed" and substituting "employees"; and (b) by omitting from paragraph (2a) (b) "persons temporarily employed" (wherever occurring) and substituting "employees". Termination of employment 7. Section 15 of the Principal Act is amended by omitting from paragraph (1) (c) "Governor-General" and substituting "Prime Minister". Delegation by Board 8. Section 16 of the Principal Act is amended— (a) by omitting from sub-section (1) "the Chairman of the Board, to another member of the Board, 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" and substituting "a person (not being a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984)"; and (b) by omitting sub-section (4). Records of officers 9. Section 21 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section: "(1) The Board shall cause to be kept a record of each officer, showing— (a) the date of birth of the officer; (b) the date on which the officer was appointed to the Service; and (c) the classification of the officer.". 10. (1) After Part II of the Principal Act the following Part is inserted: "PART IIA—PERSONNEL MANAGEMENT Personnel management reviews "22a. (1) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing on personnel management in the Department. "(2) A notice under sub-section (1) may specify the particular aspects of personnel management that are to be dealt with in the report. "(3) Where, pursuant to a notice under sub-section (1), the Secretary of a Department gives a report to the Board, the Board, after considering the report, may make recommendations to the Secretary on the action that should or could be taken to improve personnel management in the Department. "(4) If the Secretary does not concur in or adopt a recommendation made by the Board under sub-section (3) on the action that should be taken to improve personnel management in the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or not adopting the recommendation and give a copy of a statement of those reasons to the Board. "(5) The Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section.". (2) If this section comes into operation during the first 6 months of a financial year, the Board shall report on the operation of section 22a of the Public Service Act 1922, in relation to the period commencing on the day on which this section comes into operation and ending on the expiration of that financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of that financial year. (3) If this section comes into operation during the last 6 months of a financial year, the Board shall report on the operation of section 22a of the Public Service Act 1922, in relation to the period commencing on the day on which this section comes into operation and expiring at the end of that financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of the financial year next succeeding that financial year. 11. (1) After section 22a of the Principal Act the following section is inserted in Part IIa: Equal employment opportunity programs "22b. (1) In this section, unless the contrary intention appears— 'employment matters', in relation to a Department, means— (a) the selection of persons for appointment as officers, or for employment as employees, in the Department; (b) the promotion and transfer of— (i) officers to offices in the Department; and (ii) officers in the Department to offices in other Departments; (c) training and staff development for officers and employees in the Department; (d) conditions of service of officers and employees in the Department; and (e) any other matter related to the employment of officers and employees in the Department; 'equal employment opportunity program', in relation to a Department, means a program designed to ensure that— (a) appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters in the Department; and (b) measures are taken to enable women and persons in designated groups to— (i) compete for promotion and transfer in the Department and in the Service generally; and (ii) pursue careers in the Department and in the Service generally, as effectively as other persons; 'program' includes— (a) the particular objectives to be achieved by the program; (b) the policies to be adopted, and the procedures to be followed, to achieve those objectives; (c) the quantitative or other indicators against which the effectiveness of the program is to be assessed; and (d) the allocation of staff and other resources to the task of giving effect to the program. 'unjustified discrimination' includes discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984. "(2) Without limiting the generality of the definition of 'equal employment opportunity program' in sub-section (1), the equal employment opportunity program for a Department shall include provision for action to be taken to— (a) examine practices in relation to employment matters in the Department to identify— (i) any practices that unjustifiably discriminate against women or persons in designated groups; and (ii) any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups; (b) eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a); (c) inform officers and employees in the Department, and relevant staff organizations in relation to offices in the Department, of the contents of the program and of the results of any review of the program under sub-section (4); (d) the collection and recording of information, including statistical information, relevant to the operation of the program; (e) assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and (f) give effect to any guidelines issued under sub-section (10). "(3) As soon as practicable after the commencement of this section and, in any event, within 12 months after the commencement of this section, the Secretary of a Department shall— (a) after giving relevant staff organizations in relation to offices in the Department and such other persons as the Secretary considers appropriate an opportunity to put their views, cause to be developed an equal employment opportunity program for the Department; (b) cause to be prepared a statement in writing setting out the program so developed; and (c) give a copy of the statement to the Board. "(4) The Secretary of a Department shall— (a) from time to time, after giving relevant staff organizations in relation to offices in the Department and such other persons as the Secretary considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the Department to be reviewed; (b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the program); and (c) give a copy of the statement to the Board. "(5) The Secretary of a Department shall take any action necessary to give effect to the equal employment opportunity program for the Department and any person who exercises powers in relation to employment matters in the Department shall have regard to the program in exercising those powers. "(6) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the equal employment opportunity program for the Department. "(7) A notice under sub-section (6) may specify the particular aspects of the equal employment opportunity program for the Department that are to be dealt with in the report. "(8) Where the Board receives a statement under sub-section (3) or (4) or a report under sub-section (6), the Board, after considering the statement or report, may make recommendations to the relevant Secretary on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the Department. "(9) If the Secretary does not concur in or adopt a recommendation made by the Board under sub-section (8) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board. "(10) The Board may from time to time, by notice in writing to Secretaries, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for Departments. "(11) The Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section. "(12) Where a Department comes into existence after the commencement of this section, this section applies in relation to the Department as if a reference in sub-section (3) to the commencement of this section were a reference to the day on which the Department comes into existence. "(13) The regulations may provide that this section shall apply to and in relation to a Commonwealth authority and, where the regulations so provide, this section applies to and in relation to the Commonwealth authority as if— (a) the Commonwealth authority were a Department; (b) references to the Secretary of a Department were references to the person for the time being holding, or performing the duties of, the office specified in the regulations for the purposes of this paragraph; (c) a reference in sub-section (3) to the commencement of this section were a reference to the day on which the regulations came into force; and (d) if the regulations provide that a specified Minister is the prescribed authority for the purposes of the application of this section in relation to the Commonwealth authority—references in sub-sections (3), (4), (6), (7), (8) and (9) to the Board were references to the Minister so specified. "(14) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed, apply to and in relation to the employment of— (a) members of the Australian Federal Police; (b) persons appointed as officers or engaged as employees under the Commonwealth Teaching Service Act 1972; (c) persons who hold offices or appointments (not being offices or appointments in the Defence Force) under regulations made under the Naval Defence Act 1910; or (d) persons who are employed under section 10 of the Supply and Development Act 1939. (e) persons employed as officers of the Australian Security Intelligence Organization; or (f) officers appointed in pursuance of section 10 of the Trade Commissioners Act 1933. "(15) In sub-section (14), 'modifications' includes the addition or omission of a provision or the substitution of a provision for another provision.". (2) If this section comes into operation during the first 6 months of a financial year, the Board shall report on the operation of section 22b of the Public Service Act 1922, in relation to the period commencing on the day on which this section comes into operation and ending on the expiration of that financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of that financial year. (3) If this section comes into operation during the last 6 months of a financial year, the Board shall report on the operation of section 22b of the Public Service Act 1922, in relation to the period commencing on the day on which this section comes into operation and expiring at the end of that financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of the financial year next succeeding that financial year. 12. (1) After section 22b of the Principal Act the following section is inserted in Part IIa: Industrial democracy plans "22c. (1) In this section, 'industrial democracy plan', in relation to a Department, means a plan designed to achieve appropriate participation by officers and employees in the decision-making processes of the Department. "(2) As soon as practicable after the commencement of this section and, in any event, within 12 months after the commencement of this section, the Secretary of a Department shall— (a) in consultation with relevant staff organizations in relation to offices in the Department and with such other persons as the Secretary considers appropriate, cause to be developed an industrial democracy plan for the Department; (b) cause to be prepared a statement in writing setting out the plan so developed; and (c) give a copy of the statement to the Board. "(3) The Secretary of a Department shall— (a) in consultation with relevant staff organizations in relation to offices in the Department and with such other persons as the Secretary considers appropriate, cause the industrial democracy plan for the Department to be reviewed from time to time; (b) cause to be prepared a statement in writing setting out the results of any review (including particulars of any alteration to be made to the plan); and (c) give a copy of the statement to the Board. "(4) The Secretary of a Department shall take any action necessary to give effect to the industrial democracy plan for the Department. "(5) The Board may, by notice in writing to the Secretary of a Department, require the Secretary to give the Board, within the time specified in the notice, a report in writing in relation to the development, implementation or review of the industrial democracy plan for the Department. "(6) A notice under sub-section (5) may specify the particular aspects of the industrial democracy plan that are to be dealt with in the report. "(7) Where the Board receives a statement under sub-section (2) or (3) or a report under sub-section (5), the Board, after considering the statement or report, may make recommendations to the relevant Secretary on the action that should or could be taken to improve the effectiveness of the industrial democracy plan for the Department. "(8) If the Secretary does not concur in or adopt a recommendation made by the Board under sub-section (7) on the action that should be taken to improve the effectiveness of the industrial democracy plan for the Department, the Secretary shall, within a reasonable time, inform the Minister administering the Department, in writing, of his reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Board. "(9) The Board may from time to time, by notice in writing to Secretaries, issue guidelines on the development, implementation and review of industrial democracy plans for Departments. "(10) The Board shall, in a report furnished to the Prime Minister in accordance with section 22, report on the operation of this section. "(11) Where a Department comes into existence after the commencement of this section, this section applies in relation to the Department as if a reference in sub-section (2) to the commencment of this section were a reference to the day on which the Department comes into existence. "(12) The regulations may provide that this section shall apply to and in relation to a Commonwealth authority specified in the regulations and, where the regulations so provide, this section applies to and in relation to the Commonwealth authority as if— (a) the Commonwealth authority were a Department; (b) references to the Secretary of a Department were references to the person for the time being holding, or performing the duties of, the office specified in the regulations for the purposes of this paragraph; (c) a reference in sub-section (2) to the commencement of this section were a reference to the day on which the regulations came into force; and (d) if the regulations provide that a specified Minister is the prescribed authority for the purposes of the application of this section in relation to the Commonwealth authority—references in sub-sections (2), (3), (5), (7) and (8) to the Board were references to the Minister so specified. "(13) The regulations may provide that the provisions of this section shall, subject to such modifications and adaptations (if any) as are prescribed by the regulations, apply to and in relation to the employment of— (a) members of the Australian Federal Police; (b) persons appointed as officers or engaged as employees under the Commonwealth Teaching Service Act 1972; (c) persons who hold offices or appointments (not being offices or appointments in the Defence Force) under regulations made under the Naval Defence Act 1910; (d) persons who are employed under section 10 of the Supply and Development Act 1939; (e) persons employed as officers of the Australian Security Intelligence Organization; or (f) officers appointed in pursuance of section 10 of the Trade Commissioners Act 1933. "(14) In sub-section (13), 'modifications' includes the addition or omission of a provision or the substitution of a provision for another provision.". (2) If this section comes into operation during the first 6 months of a financial year, the Board shall report on the operation of section 22c of the Public Service Act 1922, in relation to the period commencing on the day on which this section comes into operation and ending on the expiration of that financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of that financial year. (3) If this section comes into operation during the last 6 months of a financial year, the Board shall report on the operation of section 22c of the Public Service Act 1922, in relation to the period commencing on the day on which this section comes into operation and expiring at the end of that financial year, in the first report that is furnished to the Prime Minister, under section 22 of that Act, after the expiration of the financial year next succeeding that financial year. (4) The Secretary of each Department shall include in the Annual Report of the Department to be laid before each House of the Parliament information on the implementation and operation of industrial democracy plans in that Department under section 22c of the Public Service Act 1922. Division Heading 13. The heading to Division 1 of Part III of the Principal Act is repealed and the following heading is substituted: "Division 1—Secretaries of Departments, the Senior Executive Service and Chief Officers". Secretaries of Departments 14. (1) Section 25 of the Principal Act is amended— (a) by inserting in sub-section (2) ", under the Minister," after "Department shall"; (b) by omitting sub-section (3) and substituting the following sub-section: "(3) The Secretary of a Department may, in any case in which he thinks fit, exercise all or any of the powers, or perform all or any of the functions, conferred by— (a) a relevant Act; (b) the regulations made under a relevant Act; (c) a determination under sub-section 9 (7a) or section 82d; or (d) an industrial award, on a Chief Officer of the Department, and, for the purposes of the exercise of such powers, or the performance of such functions, by the Secretary, any reference in the relevant Act, the regulations, the determination or the industrial award, as the case requires, to a Chief Officer shall, unless the context otherwise requires, be read as a reference to the Secretary."; and (c) by omitting sub-sections (5) and (6) and substituting the following sub-section: "(5) In sub-section (3), 'relevant Act' means— (a) this Act; and (b) the Merit Protection (Australian Government Employees) Act 1984.". (2) Notwithstanding the omission of sub-sections 25 (5) and (6) of the Principal Act by sub-section (1), a delegation in force under sub-section 25 (5) of the Principal Act immediately before the date of commencement of this section continues in force, on and after that date, as if it had been made under section 26 of the Public Service Act 1922 as amended by section 15 of this Act. 15. (1) Section 26 of the Principal Act is repealed and the following sections are substituted: Delegation by Secretaries of Departments "26. (1) Subject to sub-section (4), a Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (not being a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984) all or any of his powers or functions under— (a) a relevant Act; (b) the regulations made under a relevant Act; (c) a determination under sub-section 9 (7a) or section 82d; or (d) an industrial award, other than this power of delegation. "(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of the relevant Act, the regulations, the determination or the industrial award, as the case requires, be deemed to have been exercised or performed, as the case may be, by the Secretary. "(3) A delegation by a Secretary under this section does not prevent the exercise of the power or the performance of the function, as the case requires, by the Secretary. "(4) A Secretary is not empowered to delegate a power or function under sub-section (1) to a person who is not— (a) an officer or an employee; or (b) a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister, unless the Board approves, in writing, the delegation of the power or function to that person. "(5) The reference in sub-section (1) to the powers or functions that may be delegated by a Secretary includes a reference to a power or function that the Secretary may exercise or perform by virtue of sub-section 25 (3). "(6) In this section, 'relevant Act' means— (a) this Act; or (b) the Merit Protection (Australian Government Employees) Act 1984. Chief Officers "26a. (1) The Secretary of a Department may, in writing, appoint— (a) an officer or an employee; or (b) a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister, to be a Chief Officer of the Department. "(2) The Secretary of a Department may, in writing, declare— (a) an office in the Service; or (b) an office created by or under a law of the Commonwealth, to be a prescribed office in relation to the Department for the purposes of this section. "(3) Where an office is declared by the Secretary of a Department under sub-section (2) to be a prescribed office in relation to the Department for the purposes of this section, any person who holds that office or performs all or part of the duties of that office is a Chief Officer of the Department. "(4) Subject to sub-section (5), a Chief Officer of a Department may exercise and perform, in relation to the Department, the powers and functions that are conferred on Chief Officers under— (a) a relevant Act; (b) the regulations made under a relevant Act; (c) a determination under sub-section 9 (7a) or section 82d; or (d) an industrial award. "(5) The Secretary of a Department may, in writing, determine that a Chief Officer of the Department may exercise and perform the powers and functions referred to in sub-section (4) only in relation to— (a) the officers, or officers included in the class of officers, specified in the determination; and (b) the employees, or employees included in the class of employees, specified in the determination. "(6) In addition to the powers and functions referred to in sub-section (4), a Chief Officer of a Department may exercise such other powers and shall perform such other functions in relation to the Department as the relevant Secretary, by writing, determines. "(7) In this section, 'relevant Act' means— (a) this Act; or (b) the Merit Protection (Australian Government Employees) Act 1984." (2) Notwithstanding the repeal of section 26 of the Principal Act by sub-section (1), an appointment of a person as Chief Officer of a Department that was in force under that section immediately before the date of commencement of this section continues in force, on and after that date, as if it had been made under section 26a of the Public Service Act 1922 as amended by sub-section (1). (3) Notwithstanding the repeal of section 26 of the Principal Act by sub-section (1), a declaration of an office as an office which constitutes the occupant a Chief Officer that was in force under that section immediately before the date of commencement of this section continues in force, on and after that date, as if it were a declaration made in relation to the office under sub-section 26a (2) of the Public Service Act 1922 as amended by sub-section (1). 16. After section 26 of the Principal Act the following section is inserted: The Senior Executive Service "26aa. (1) The officers who are Senior Executive Service officers constitute the Senior Executive Service. "(2) The Senior Executive Service is established in order to provide for a group of officers who— (a) may undertake higher level policy advice, managerial and professional responsibilities in Departments; and (b) may be deployed by Secretaries within Departments, and by the Board between Departments, so as best to promote the efficiency of the Australian Public Service.". 17. (1) Section 29 of the Principal Act is repealed and the following sections are substituted: Creation and abolition of offices "27. (1) The Secretary of a Department, for the purpose of enabling the Department to perform its functions, may, in writing— (a) create an office in the Department; or (b) abolish an office in the Department. "(2) An instrument under sub-section (1) creating an office shall specify the classification of the office, being an approved classification under sub-section 28 (1). Classification of offices and officers "28. (1) A classification is an approved classification for the purposes of this Act if and only if— (a) a determination under section 82d is in force in respect of salary in relation to offices having that classification; or (b) in a case to which paragraph (a) does not apply—the Board declares, in writing, that the classification is an approved classification for the purposes of this sub-section. "(2) Where the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of 2 offices is the same, the classifications of the 2 offices shall be taken to be equal. "(3) Where the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of an office is greater than the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of another office, the classification of the first-mentioned office shall be taken to be higher than the classification of the second-mentioned office. "(4) An unattached officer who held an office immediately before becoming an unattached officer shall, until he ceases to be an unattached officer, have a classification corresponding to the classification of that office. "(5) Nothing in sub-section (1) shall be taken as limiting in any way the provision that may be made by an industrial award to vary the salary applicable in relation to an office or an officer. Administrative re-arrangements "29. (1) Where a Department is abolished, the Prime Minister may, in writing— (a) create in another Department, or direct the relevant Secretary of another Department to create in that other Department, an office (in this sub-section referred to as the 'substituted office')— (i) that has the same classification as an office (in this sub-section referred to as the 'former 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 former office was required to perform; and (b) declare the substituted office to be, or when created to be, in substitution for the former office. "(2) Where, by virtue of administrative arrangements approved by the Governor-General or by the Prime Minister, 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 Prime Minister may, in writing— (a) abolish, or direct the Secretary of the second-mentioned Department to abolish, an office (in this sub-section referred to as the 'former office') in the second-mentioned Department the holder of which is required to perform duties that— (i) relate wholly or mainly to that matter; or (ii) are, in the opinion of the Prime Minister, ancilliary to, or attributable to, that matter; (b) create, or direct the Secretary of the first-mentioned Department to create, in the first-mentioned Department an office (in this sub-section referred to as the 'substituted office')— (i) that has the same classification as the former office; and (ii) the holder of which is required to perform substantially the same duties as the holder of the former office was required to perform; and (c) declare the substituted office to be, or when created to be, in substitution for the former office. Re-classification of offices "29a. (1) The Secretary of a Department may, in writing, alter the classification of an office in the Department to the classification specified in the instrument, being a classification that is an approved classification under sub-section 28 (1). "(2) The Board may, by notice in writing to the Secretary of a Department, direct the Secretary to alter the classification of an office in a Department or the classification of offices in the Department, being offices included in a class of offices specified in the notice, to the classification specified in the notice, being a classification that is an approved classification under sub-section 28 (1). "(3) Subject to sub-section (4), where— (a) the classification of an office is altered; and (b) the rate of salary, or the maximum rate of salary, payable in respect of the office immediately after the alteration is different from the rate of salary, or the maximum rate of salary, payable in respect of the office immediately before the alteration, the office becomes vacant and the officer who held the office immediately before the alteration becomes an unattached officer. "(4) The Board may, in writing, direct that sub-section (3) shall not apply to or in relation to alterations of the classification of offices included in a specified class of alterations of the classification of offices.". (2) Notwithstanding the repeal of section 29 of the Principal Act by sub-section (1), an office created in a Department under sub-section 29 (1) of that Act and in existence immediately before the date of commencement of this section continues in existence on and after that date as if it had been created by the relevant Secretary under sub-section 27 (1) of the Public Service Act 1922 as amended by sub-section (1). Classification of offices and officers 18. Section 28 of the Principal Act is amended— (a) by inserting after sub-section (1) the following sub-section: "(1a) The Board may, in writing— (a) declare a classification to be a Senior Executive Service classification; or (b) declare all classifications included in a specified class of classifications to be Senior Executive Service classifications."; and (b) by omitting from sub-section (4) "An" and substituting "subject to sub-section 76f (1a), an". 19. After Division 2a of Part III of the Principal Act the following Division is inserted: "Division 2b—Part-time Offices Part-time offices "29b. (1) An office in a Department (other than an office of Secretary) may be declared by the relevant Secretary, in writing, to be a part-time office. "(2) Where— (a) a declaration is made under sub-section (1) in relation to an office; or (b) a declaration under sub-section (1) in relation to an office is revoked, the office becomes vacant and the officer who held the office immediately before the declaration was made or revoked, as the case may be, becomes an unattached officer. "(3) Where— (a) an office (in this sub-section referred to as the 'former office') is a part-time office; and (b) another office (in this sub-section referred to as the 'substituted office') is created in another Department and is declared, under sub-section 29 (1) or (2), to be in substitution for the former office, the declaration made under sub-section (1) in respect of the former office has effect, after the creation of the substituted office, as if it had been made in relation to the substituted office by the Secretary of the Department referred to in paragraph (b). "(4) The Board, after consultations with the organizations that are relevant staff organizations in relation to offices in Departments, may, by notice published in the Gazette, notify procedures to be followed in relation to the operation of the provisions of this Act in relation to part-time employment. Hours of attendance of part-time officers "29c. (1) A declaration under sub-section 29b (1) in relation to an office shall specify, subject to sub-section (2), the hours of attendance that are to be applicable to the officer who occupies the office. "(2) A declaration under sub-section 29b (1) in relation to an office shall not specify hours of attendance that are— (a) greater than the hours of attendance prescribed by the regulations, for the purpose of this paragraph, in relation to that office or in relation to a class of offices in which that office is included; or (b) less than the hours of attendance prescribed by the regulations, for the purpose of this paragraph, in relation to that office or in relation to a class of offices in which that office is included. "(3) Regulations made for the purpose of paragraph (2) (a) shall not prescribe hours of attendance in relation to an office, or offices included in a class of offices, that are greater than the hours of attendance that would be applicable to the office, or those offices, if a declaration, or declarations, under sub-section 29b (1) were not made in relation to the office, or those offices. "(4) The hours of attendance applicable to an officer who holds an office in relation to which there is in force a declaration under sub-section 29b (1) shall, notwithstanding anything in— (a) the regulations or in a determination under sub-section 9 (7a) or section 82d; or (b) an industrial award made before the commencement of this section, be the hours of attendance specified in the declaration. "(5) A declaration under sub-section 29b (1) in relation to an office shall not be varied or amended without the consent of the officer holding the office. Hours of attendance of certain unattached officers "29d. (1) Subject to sub-section (5), where an officer— (a) becomes an unattached officer (whether by virtue of sub-section 29b (2) or otherwise); and (b) immediately before becoming an unattached officer, held a part-time office, the hours of attendance applicable to the unattached officer shall, until he ceases to be an unattached officer, be the hours of attendance applicable to the officer immediately before he became an unattached officer. "(2) Subject to sub-section (5), where— (a) a person who had previously ceased to be an officer is re-appointed to the Service as an unattached officer in pursuance of section 63f, 63g, 87q or 87r; and (b) the person, immediately before he ceased, or last ceased, to be an officer— (i) held a part-time office; or (ii) was an unattached officer to whom sub-section (1) of this section applied, the hours of attendance applicable to the person shall, until he ceases to be an unattached officer, be the hours of attendance applicable to him immediately before he ceased, or last ceased, to be an officer. "(3) Subject to sub-section (5), where— (a) a person is appointed under section 40, or re-appointed under section 47b or 47c, to the Service as an unattached officer; and (b) the Board is satisfied that the person will, when he ceases to be an unattached officer, be appointed to a part-time office, the Board may declare, in writing, that the hours of attendance that are applicable to the officer shall, until he ceases to be an unattached officer, be those specified in the declaration. "(4) The hours of attendance applicable to an officer in relation to whom there is in force a declaration under sub-section (3) shall, notwithstanding anything in— (a) the regulations or a determination under sub-section 9 (7a) or section 82d; or (b) an industrial award made before the commencement of this section, be the hours of attendance specified in the declaration. "(5) Where the hours of attendance applicable to a person are ascertained in accordance with sub-section (1), (2), (3) or a previous application of this sub-section, the relevant Secretary may, with the consent of the person, determine, in writing, that the hours of attendance applicable to the person are those specified in the determination and, where such a determination is made, the hours of attendance that are applicable to the person shall, until he ceases to be an unattached officer, be those specified in the determination. "(6) Sub-section 29c (2) applies in relation to a determination under sub-section (5) in like manner as it applies in relation to a declaration under sub-section 29b (1). "(7) Sub-sections (1), (2) and (5) have effect notwithstanding anything in an industrial award made before the commencement of this section. Salaries of officers 20. Section 30 of the Principal Act is amended by adding at the end thereof the following sub-section: "(5) The reference in sub-section (2) to a determination in force under section 82d does not include a reference to a determination under section 82d that makes provision for or in relation to a matter referred to in sub-paragraph 82d (4) (a) (xii), (xiii) or (xiv).". 21. Before section 33 of the Principal Act the following section is inserted in Subdivision A of Division 4 of Part III: Interpretation "33aaa. (1) In this Division, unless the contrary intention appears— 'Committee' means a Promotion Appeal Committee; 'prescribed day' means— (a) in relation to a promotion of an officer under section 49b, 50 or 50da—the later of— (i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the promotion is notified in the Gazette; and (ii) the day on which the office to which the officer is promoted becomes vacant; and (b) in relation to a transfer of an officer under section 49, 50 or 50da—the later of— (i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the officer is given notice of the transfer under sub-section 49 (4), 50 (5a) or 50da (8), as the case requires; and (ii) the day on which the office to which the officer is transferred becomes vacant; 'promotion', in relation to an officer, means a movement of the officer within the Service for the purpose of his holding 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 held by him, or, in the case of an unattached officer, to or in respect of him, immediately before the movement took place; 'Promotion Appeal Committee' means a Promotion Appeal Committee established under section 50c. "(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; (d) the appellant