1996

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

PUBLIC SERVICE AMENDMENT BILL 1996

EXPLANATORY MEMORANDUM

(Circulated by the authority of the Minister Assisting the Prime Minister for the Public Service, the Honourable Peter Reith, MP)

79580 Cat. No. 96 5538 7 ISBN 0644 480114

PUBLIC SERVICE AMENDMENT BILL 1996

OUTLINE

This Bill proposes an amendment to the Public Service Act 1922 (the Act) to deal with a procedural flaw in the discipline provisions of the Act which would preclude the bringing of valid discipline charges against officers of the Australian Public Service (the Service) who have resumed duties in a Department of the the Service after a period of unattachment, where the misconduct alleged took place when the officer was an "unattached officer" as defined in the Act.

Division 6 of Part III of the Public Service Act 1922 contains a discipline code which seeks to ensure that officers or employees of the Service who have committed misconduct can be dealt with, in order to ensure efficiency in the workplace and maintain the integrity of the Service.

Because of differences in the nature of the employment relationship, the procedure for disciplining unattached officers differs from that for disciplining officers who are not unattached.

The Act defines "unattached officer", for discipline purposes, as an officer who is in employment outside the Department and is not performing duty in the Department or an officer who is on certain types of leave of absence from the Service and does not hold an office in a Department.  An officer ceases to be unattached upon resumption of duty in the Department.  Heads of Australian diplomatic missions (HOADMs), who were officers of the Service prior to becoming HOADMs are "unattached officers" while performing the role of Head of Mission.

Misconduct in respect of an "unattached officer" is defined by section 63J of the Act as "a failure by the officer to fulfil his duty as an unattached officer".  Section 63J also provides that "an unattached officer shall be taken to have failed to fulfil his duty as an officer if, and only if,while he is an unattached officer he engages in improper conduct, being conduct that brings the Service into disrepute".

The current form of the discipline provisions do not enable disciplinary action to be taken against an officer who was, but is no longer,unattached in relation to possible misconduct that occurred while unattached.  Had the possible misconduct been detected prior to the officer ceasing to be unattached it could have been dealt with under the Act.

The proposed amendment to the Act seeks to permit disciplinary action to be taken against a formerly unattached officer as if he or she were still unattached.

FINANCIAL IMPACT STATEMENT

The amendments are not expected to have any significant financial impact.

NOTES ON CLAUSES

PRELIMINARY

Clause 1: Short Title

The Act will be called the Public Service Amendment Act 1996.

Clause 2: Commencement

Clause 2 provides that the Act will commence on the day on which it receives Royal Assent.

Clause 3: Schedule

Clause 3 provides that an Act referred to in the Schedule to the Bill is amended in the manner set out in that Schedule.

SCHEDULE

AMENDMENT OF THE PUBLIC SERVICE ACT 1922

Item 1 - Subsection 63JA(3)

This item amends subsection 63JA(3) of the Act by adding a reference to subsection 63L(9) consequential on the inclusion of subsection 63L(9) in the Act as provided in Item 3 to the Schedule.

Item 2 - Subsection 63L(1)

This item amends subsection 63L(1) of the Act consequential on the inclusion of subsection 63L(9) in the Act as provided in Item 3 to the Schedule.

Item 3 - Section 63L

This item amends section 63L of the Act by including a new subsection 63L(9) which provides a means of disciplining an officer of the Service who has ceased to be an unattached officer where the misconduct he or she is to be charged with was committed while he or she was an unattached officer of the Service.

This item also includes a new subsection 63L(10) which provides that subsection (9) applies to a person who ceases to be unattached, whether or not that cessation occurs after the commencement of subsection (9).

This item also includes a new subsection 63L(11) which provides that subsection (9) applies to misconduct whether or not it was committed after the commencement of subsection (9).