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 co