Public Service Amendment Regulations 2010 (No. )

Public Service Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 182

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Service Act 1999.

Dated 29 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JOSEPH LUDWIG

Cabinet Secretary

1 Name of Regulations

These Regulations are the Public Service Amendment Regulations 2010 (No. 1).

2 Commencement

These Regulations commence on 2 August 2010.

3 Amendment of Public Service Regulations 1999

Schedule 1 amends the Public Service Regulations 1999.

Schedule 1 Amendments

(regulation 3)

[1] Paragraph 5.23 (3) (a)

substitute

(a) the application for review of the action is made outside the periods mentioned in regulation 5.23A, and there are no exceptional circumstances explaining the delay;

[2] After regulation 5.23

insert

5.23A When applications for review must be made

(1) An application for primary review of an APS action must be made:

(a) if the application is made to an affected employee’s Agency Head under subregulation 5.24 (1) — within 120 days of the APS action; or

(b) if the application is made to the Merit Protection Commissioner under paragraph 5.24 (2) (a) — within 60 days of the determination that the affected employee has breached the Code of Conduct; or

(c) if the application is made to the Merit Protection Commissioner under paragraph 5.24 (2) (b) — within 60 days of the sanction for breach of the Code of Conduct being imposed; or

(d) if the application is made to the Merit Protection Commissioner under subregulation 5.24 (3) — within 60 days of the APS action.

(2) An application to the Merit Protection Commissioner for secondary review of an APS action must be made:

(a) if the Agency Head has told an affected employee under regulation 5.26 that the APS action is not reviewable — within 60 days of the affected employee being told; or

(b) if the Agency Head has told an affected employee of the Agency Head’s decision under subregulation 5.27 (5) and the affected employee is dissatisfied with the decision — within 60 days of the affected employee being told.