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Public Service Amendment Act (No. 2) 1976

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PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976
PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976 - SECT. 1. Short title.
PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194 of 1976 An Act to amend the Public Service Act 1922, and for related purposes. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:- Short title, &c. 1. (1) This Act may be cited as the Public Service Amendment Act (No. 2) 1976.*1* (2) The Public Service Act 1922*2* is in this Act referred to as the Principal Act. PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976 - SECT. 2. Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976 - SECT. 3.
3. After Division 10 of Part III of the Principal Act the following Division is inserted:- ''Division 11-Transfer of certain officers and employees to the Public Service of the Northern Territory Interpretation. ''83. (1) In this Division, unless the contrary intention appears- 'appropriate authority of the Northern Territory' means a person authorized by an Ordinance of the Northern Territory, or by a delegation given under such an Ordinance, to appoint persons to be employees of the Public Service of that Territory; 'Minister' means the Minister for the time being administering the Northern Territory (Administration) Act 1910 or another Minister acting for or on behalf of that Minister; 'Northern Territory' means the Northern Territory of Australia; 'transferred employee' means an employee of the Australian Public Service who is transferred to the Public Service of the Northern Territory under section 84A; 'transferred officer' means an officer of the Australian Public Service who is transferred to the Public Service of the Northern Territory under section 84A. ''(2) For the purposes of this Division, where a person who is an unattached officer is performing duty in a Department of the Australian Public Service- (a) he shall be deemed to occupy an office in that Department; and (b) he shall be deemed to be entitled to be paid salary in respect of that office at a rate equal to the rate at which salary is payable to him as an unattached officer. Minister to be satisfied as to form of Northern Territory law. ''84. (1) Where the Minister is satisfied that the laws of the Northern Territory relating to the terms and conditions of service of employees of the Public Service of the Northern Territory make provision as set out in sub-section (2), the Minister may, by notice published in the Gazette, declare that he is satisfied that the laws of the Northern Territory comply with the requirements of this section. ''(2) The provision to be made for the purpose of sub-section (1) is provision- (a) for a transferred officer to be deemed, by virtue of his transfer, to have been duly appointed, on the date of his transfer, to be an employee of the Public Service of that Territory- (i) except where sub-paragraph (ii) applies-without probation; or (ii) if his appointment as an officer of the Australian Public Service has not been confirmed before that date-upon probation, upon terms entitling him to continue to be employed in that Service otherwise than for a term of years; (b) for a transferred officer, other than a transferred officer referred to in paragraph (c) or (d), to be entitled, upon his transfer, to be paid salary at a rate not less than the rate at which salary was payable to him in respect
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of the office held by him in the Australian Public Service immediately before the date of his transfer; (c) for a transferred officer who is, on the date of his transfer, performing duty for an authority, body or person by reason of his having been authorized to do so under this Act- (i) to be entitled to continue, on and after that date, to perform duty for that authority, body or person for the remainder of the period for which he had been authorized to do so as if he had been authorized to do so in accordance with the terms and conditions of his service in the Public Service of the Northern Territory and upon terms and conditions similar to the terms and conditions upon which he was authorized to do so under this Act; (ii) to be deemed to have been granted, on the date of his transfer, leave of absence without pay from the Public Service of the Northern Territory for the period commencing on that date and ending on the last day of the period for which he is to be treated as authorized to perform duty for that authority, body or person; and (iii) to be entitled, upon the termination of the leave of absence referred to in sub-paragraph (ii), to be paid salary at the rate that the appropriate authority of the Northern Territory determines to be the appropriate rate having regard to the rate at which salary was payable to him in respect of the office held by him in the Australian Public Service immediately before he commenced to perform duty for that authority, body or person and the period during which he performed that duty; (d) for a transferred officer who, on the date of his transfer, holds office as or as a member of, or is employed by, a Commonwealth authority and was, immediately before that date, a person to whom section 6 of the Officers' Rights Declaration Act 1928 applied by virtue of his holding that office or being so employed- (i) to be deemed to have been granted, on the date of his transfer, leave of absence without pay from the Public Service of the Northern Territory for the period commencing on that date and ending on the day on which he ceases to hold that office or to be so employed, as the case may be; and (ii) to be entitled, upon the termination of the leave of absence referred to in sub-paragraph (ii), to be paid salary at the rate that the appropriate authority of the Northern Territory determines to be the appropriate rate having regard to the rate at which salary was payable to him in respect of the office held by him in the Australian Public Service immediately before he commenced to hold office as or as a member of, or to be employed by, that authority and the period during which he held that office or was so employed; (e) for a transferred employee to be deemed, by virtue of his transfer, to have been appointed, on the date of his transfer, as an employee of the Public Service of the Northern Territory on terms entitling him to continue to be employed in that Service- (i) for such period only as the appropriate authority of the Northern Territory determines having regard to the work ordinarily performed, or last performed, by the employee in the Australian Public Service and to the period during which the employee was likely to continue to be a temporary employee; and (ii) at such a salary as the appropriate authority determines to be the appropriate salary for the employee having regard to the nature of the work performed by the employee during the period, or the last period, of his temporary employment in the Australian Public Service, or, if that period was in excess of 3 months, during the period of 3 months immediately preceding the date of his transfer; (f) for a transferred officer or a transferred employee to retain such rights (if any) in respect of- (i) recreation leave; and (ii) leave on the ground of illness, as had accrued to him as an officer of, or employee in, the Australian Public Service immediately before the date of his transfer; (g) for the entitlement of a transferred officer or transferred employee to long service leave in respect of his service in the Public Service of the Northern Territory to be determined-
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(i) in accordance with a rate of accrual of long service leave that is not less than the rate of accrual of long service leave that was applicable to him, immediately before his transfer, in respect of his service in the Australian Public Service under the law of the Commonwealth relating to long service leave; and (ii) in respect of a period of service that is not less than the period ascertained by aggregating the period of his service in the Public Service of the Northern Territory after his transfer and the period that was, immediately before his transfer, the period of his service for the purposes of the law of the Commonwealth relating to long service leave, and for the amount of pay in lieu of long service leave payable to, or in relation to, a transferred officer or transferred employee to be calculated in a like manner; (h) for a transferred officer or a transferred employee to whom leave of absence has been granted from the Australian Public Service for a period commencing on or before the date of his transfer and ending after that date to be deemed to have been granted leave of absence for the purpose for which that leave was granted for the period commencing on the day of his transfer and ending on the last day of the first-mentioned period; and (j) for the probationary service in the Australian Public Service of a transferred officer who is deemed to have been appointed to the Public Service of the Northern Territory on probation to be treated as probationary service in the Public Service of that Territory. ''(3) Where, while a notice under sub-section (1) is in force, a change occurs in the laws of the Northern Territory relating to the terms and conditions of service of employees of the Public Service of that Territory, the Minister shall, by notice published in the Gazette, revoke that notice if it appears to him that the laws of that Territory no longer make provision as set out in sub-section (2). Minister may transfer officers and employees to Public Service of Northern Territory. ''84A. (1) Where a declaration under section 84 is in force, the Minister may, upon recommendation made to him by the Board after it has consulted with the appropriate authority of the Northern Territory, by instrument under his hand, transfer to the Public Service of that Territory- (a) a specified officer or employee; (b) the officers holding offices included in a specified class of offices; or (c) the employees included in a specified class of employees, on a day specified in the instrument. ''(2) An instrument under sub-section (1) does not apply to a person specified or referred to in the instrument if he ceases, otherwise than by virtue of sub-section (3), to be an officer or employee, as the case may be, before the day on which he would, but for this sub-section, be transferred to the Public Service of the Northern Territory. ''(3) Where a person is transferred to the Public Service of the Northern Territory under sub-section (1), the person ceases to be an officer or employee, as the case may be, on the expiration of the day immediately preceding the date of his transfer. Officers serving with other bodies. ''84B. (1) Where a transferred officer referred to in paragraph 84 (2) (c) was, immediately before the date of his transfer, performing duty- (a) in accordance with arrangements made under section 47D; (b) in the capacity referred to in section 48A; or (c) in an appointment referred to in section 72B, that section shall be deemed to have ceased to apply to and in relation to him on the expiration of the day immediately preceding the date of his transfer. ''(2) Upon the expiration of the day immediately preceding the date of transfer of a transferred officer referred to in paragraph 84 (2) (d), the Officers' Rights Declaration Act 1928 shall be deemed to have ceased to apply to that officer. Preservation of rights of Public Servants. ''84C. (1) The power to make regulations under section 97 includes power to make regulations necessary or convenient to be made for enabling a relevant person to be transferred or promoted to an office in the Australian Public Service or to appeal against the promotion of another person to such an office
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and for conferring upon a relevant person who is transferred or promoted to such an office specified rights in respect of recreation leave, leave on the ground of illness and long service leave. ''(2) Regulations made for the purposes specified in sub-section (1) may deem this Act, and any Act relating to leave in the nature of long service leave, to have effect, in relation to a relevant person, subject to specified modifications and adaptions. ''(3) In this section, 'relevant person' means- (a) a transferred officer who is serving in the Public Service of the Northern Territory; or (b) a person- (i) holding a prescribed office or appointment, an office included in a prescribed class of offices or an appointment included in a prescribed class of appointments; or (ii) employed as, as a member of, or by a prescribed institution, organization or body, or as, as a member of, or by an institution, organization or body included in a prescribed class of institutions, organizations or bodies, who was, immediately before he commenced to hold that office or appointment or was so employed, a transferred officer serving in the Public Service of the Northern Territory.''. PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976 - SECT. 4. Promotion of certain persons to offices in the Public Service.
4. (1) Where- (a) a transferred officer- (i) had, before the date of his transfer, been provisionally promoted to a vacant office in the Australian Public Service; (ii) had appealed, before that day, against the provisional promotion of another person to fill such an office; or (iii) would, if he had continued to be an officer in the Australian Public Service, have had, on that day, a right to appeal against the provisional promotion of another person to fill such an office, being a provisional promotion made before that day; and (b) the promotion had not been confirmed or cancelled before that day, this section applies in relation to the promotion, and that transferred officer is, in this section, referred to, in relation to the promotion, as the relevant transferred officer. (2) Section 50 of the Principal Act continues to apply, on and after the date of the transfer of the relevant transferred officer, to and in relation to a promotion to which this section applies as if the relevant transferred officer had not ceased to be an officer of the Australian Public Service and his service as an employee of the Public Service of the Northern Territory were service in the Australian Public Service. (3) Where, in respect of a promotion to which this section applies, the provisional promotion of the relevant transferred officer to the vacant office concerned is confirmed or the relevant transferred officer is promoted to the vacant office concerned in place of another person who had been provisionally promoted to that office- (a) if that office is included in a class of offices specified in an instrument of transfer under section 84A of the Principal Act as amended by this Act that was signed on or before the relevant date in respect of that promotion-the officer does not become the holder of that office but is entitled to be paid salary in respect of his service in the Australian Public Service during the period commencing on the day on which he or that other person was provisionally promoted to that office and ending on the day immediately before the date of his transfer as if he had been the holder of that office during that period; and (b) if the office is not included in a class of offices referred to in paragraph (a)- (i) the officer shall be deemed to have become the holder of that office on the date on which he, or that other person, was provisionally promoted to that office; and (ii) the officer shall be deemed, notwithstanding the transfer, to have continued, on and after the date of his transfer, to be an officer of the Australian Public Service, but any amount paid to him as salary in respect of his service in the Public Service of the Northern Territory shall be deemed to have been paid to him as salary under the Principal Act as amended and in force at the time the amount was paid. (4) In this section- ''relevant date'', in respect of a promotion of an officer, being a promotion to which this section applies, means the date on which the promotion of the relevant transferred officer to the office is confirmed or the relevant transferred officer is promoted to the office in place of another person who had been provisionally promoted to the office; ''transferred officer'' has the same meaning as in Division 11 of Part III of the Principal Act as amended by this Act. ------------------------------------------------------------------------------ -- PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976 - NOTES
NOTES 1. Act No. 194, 1976; assented to 20 December 1976. 2. Act No. 21, 1922, as amended. For previous amendments see Act No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; and No. 193, 1976.