Delegations: Remaking of Public Service Commissioner Delegations

Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.

Commonwealth of Australia

Public Service Act 1922

DELEGATION

I, PETER ROGER SHERGOLD, Public Service Commissioner:

acting under paragraph 18 (5) (d) of the Public Service Act 1922, revoke, in respect of my powers and functions specified in the Schedules to this instrument, all delegations to any person holding or occupying the office of a Secretary; and
acting under subsection 18 (1) of that Act, delegate my powers and functions under:
1. a provision of that Act specified in an item in Schedule 1; or
2. a provision of another Act specified in an item in Schedule 2;
  to the persons holding or performing the duties of the office specified in the item, subject to:
3. in respect of Schedules 1 and 2-the conditions specified in the item; and
4. in respect of Schedule 1-guidelines and other directions issued by the Public Service Board or by me in respect of those powers and functions.

Schedule 1

Item No.	Provision	Conditions	Office
101	subsection 7(3)		Secretary
102	subsection 29D(3)		Secretary
103	section 34		Secretary
104	subsection 42(1)	Only: (a) for appointments at classification levels other than Senior Executive Service classifications; and (b) if the appointee has received a severance benefit in respect of the termination of his or her employment with the Commonwealth (including, as a member of the Australian Defence Force or by a Commonwealth authority)-the termination did not occur within the 12 months preceding the day the instrument of appointment is signed.	Secretary
105	subsection 42 (2)		Secretary
106	section 42A		Secretary
107	section 43		Secretary
108	subsection 47(2)	Only for appointments at classification levels other than Senior Executive Service classifications	Secretary
109	subsection 47(3)	Only for appointments at classification levels other than Senior Executive Service classifications	Secretary
110	subsection 47(9)		Secretary
111	subsection 47(12)	Only for appointments at classification levels other than Senior Executive Service classifications	Secretary
112	subsection 47A(3)		Secretary
113	subsection 47B (1)	Only for appointments at classification levels other than Senior Executive Service classifications and only: (a) if the former officer: (i) is receiving an invalidity pension under the Commonwealth Superannuation Scheme; and (ii) has been found by the Commissioner for Superannuation to be fit to return to work; (b) if investigation by or on behalf of the Secretary indicates that the resignation of the former officer should not have been accepted; or (c) if the appointee has received a severance benefit in respect of his or her employment with the Commonwealth (including, as a member of the Australian Defence Force or by a Commonwealth authority) - the termination did not occur within the 12 months preceding the day the instrument of appointment is signed.	Secretary
114	subsection 47C(1)	Only for appointments at classification levels other than Senior Executive Service classifications	Secretary
115	subsection 49(1B)(a),(b) and (ba)	If transfer is from one Department to another - may be exercised by the Secretary to the Department gaining the SES officer (not by the Secretary to the Department losing the SES officer) and only if the transfer is agreed to by: (a) the Secretary to the Department losing the SES officer; and (b) the Secretary to the Department gaining the SES officer; and (c) the SES officer	Secretary
116	paragraph 49A(1)(b)	To be exercised by the Secretary to the Department gaining the SES officer (not by the Secretary to the Department losing the SES officer) and only if the direction is agreed to by: (a) the Secretary to the Department losing the SES officer; and (b) the Secretary to the Department gaining the SES officer; and (c) the SES officer	Secretary
117	subsection 63C(11)		Secretary
118	subsection 63C(12)		Secretary
119	subsection 63F(11)		Secretary
120	subsection 63F(12)		Secretary
121	subsection 63G(9)		Secretary
122	paragraph 63R(1)(c)		Secretary
123	subsection 66A(5)		Secretary
124	subsection 81B (5)	Only in relation to terms and conditions of staff in the Secretary's Department	Secretary
125	subsection 82AD(7)	Only for employment at classification levels other than Senior Executive Service classifications	Secretary
126	subsection 82B(1)	Only for employment at classification levels other than Senior Executive Service classifications	Secretary
127	paragraph 87B(6)(f)		Secretary
128	subsection 87D(3)		Secretary
129	subsection 87D(4)		Secretary
130	subsection 87E(4)		Secretary
131	subsection 87E(7)		Secretary
132	subsection 87E(8)		Secretary
133	subsection 87G(2)		Secretary
134	subsection 87M(2)		Secretary
135	subsection 87M(4)		Secretary
136	subsection 87P(4)		Secretary
137	subsection 87ZE(2)		Secretary
138	subsection 91A(1)		Secretary
201	subsection 8A(1)		Secretary of the Department of Industrial Relations ("DIR Secretary")
202	subsection 8A (3)		DIR Secretary
203	subsection 22C(5)		DIR Secretary
204	subsection 22C(7)		DIR Secretary
205	subsection 22C(9)+(10)		DIR Secretary
206	paragraph 28(1)(b)		DIR Secretary
207	subsection 29A(2)		DIR Secretary
208	subsection 29A(4)		DIR Secretary
209	section 70		DIR Secretary
210	subsection 81B(5)		DIR Secretary
211	subsection 82D(1)		DIR Secretary
212	subsection 82D(10A)		DIR Secretary
213	subsection 82D(12)		DIR Secretary
214	subsection 87E(2)		DIR Secretary
215	subsection 87S(2)		DIR Secretary
216	subsection 87J(8)		DIR Secretary
217	subsection 87J(9)		DIR Secretary
218	section 87ZG		DIR Secretary
219	subsection 90(3)		DIR Secretary
301	subsection 50B(4)		Merit Protection Commissioner
401	subsection 47C(1A)	Only in relation to ATSIC staff	Chief Executive Officer, Aboriginal and Torres Strait Islander Commission ("CEO ATSIC")
402	subsection 82B(1A)	Only in relation to ATSIC staff	CEO ATSIC
501	subsection 47C (1A)	Only in relation to TSRA staff	General Manger, Torres Strait Regional Authority ("GM TSRA")
502	subsection 82B(1A)	Only in relation to TSRA staff	GM TSRA
601	subsection 81B (1),(2)+(3)	Only in relation to transfers of ADF personnel to civilian non SES position necessitated by structural change within the Defence portfolio	Secretary of the Department of Defence

Schedule 2

Item No.	Provision		Power or Function	Office
701	subsection 4(10)	Long Service Leave (Commonwealth Employees)Act 1976	to fix minimum retiring age of less than 60 years for the purposes of the Act	Secretary
702	subsection 23(1)	Merit Protection (Australian Government Employees)Act 1984	to nominate a person to be a member of a Redeployment and Retirement Appeal Committee (other than in relation to an SES officer)	Secretary
703	subsection 28(1)		to nominate a person to be a member of a Reappointment Review Committee (other than for cases where reappointment is being sought with the SES)	Secretary
704	section 33		to nominate a person to be a member of a Reintegration Assessment Committee (other than for cases where reintegration is being sought with the SES)	Secretary
705	subsection 8(1)	Maternity Leave (Commonwealth Employees)Act 1973	declaration that absent employee's office is vacant	Secretary

This instrument commences on 1 September 1996

Dated 27 August 1996

Public Service Commissioner

Public Service Commissioner Delegations Chart

7(3)	Determine that a provision of Act applies to relocation of performance of duties in relation to an excess officer	(Now effectively subject to provisions of General Employment Conditions Award cl. 11) Delegated to Secretaries	DIR: Guide to APS Terms and Conditions of Employment; Part 2 Section 3: Relocation Conditions
8A(1)	Recommend that Governor-General declare that particular provisions of Act or Regulations should not apply to specified staff	Function previously exercised by DIR Delegated to DIR
8A(3)	Determine terms and conditions of employment of exempt officers and employees	Function previously exercised by DIR Delegated to DIR
15	Furnish annual report of PSMPC to Prime Minister	Not delegated
18(1),(5)	Delegation of all powers and functions, other than power of delegation - powers to revoke and give directions to delegates - delegation may be absolute or conditional - Commissioner may still exercise delegated power	Not delegable
19(1)	(a) Enter Department, (b) summon person to give evidence, (c) take evidence on oath, and (d) require the production of documents	Not delegated
21(1)	Cause to be kept records of officers	Records now maintained by Finance in accordance with this provision Not delegated
22A(1)&(5)	Require Secretary to provide report on personnel management in the Department and furnish annual report to Prime Minister on operation of this section	Not delegable
22B(6)	Require Secretary to provide report in relation to department's EEO program	Not delegable	However, new EEO guidelines being developed by the PSMPC will focus on EEO principles, with agencies having greater responsibility for establishing and maintaining EEO programs
22B(8)	Recommend to Secretary action to improve program	Not delegable
22B(10)	Issue guidelines on EEO programs	Not delegable
22B(11)	Furnish report to Prime Minister on operation of this section	Not delegable
22C(5),(7), (9)&(10)	Require Secretary to provide report in relation to department's ID plan, recommend improvements to plan, issue guidelines on ID plans and furnish report to Prime Minister on operation of this section	Function previously exercised by DIR Delegated to DIR
26(4)	Approve delegation of power or function by a Secretary to a person who is not an officer or employee or not appointed to an office under a law of the Commonwealth	Not delegable
28(1)(b)	Declare a classification to be an approved classification	Function previously exercised by DIR Delegated to DIR
28(1A)	Declare classifications to be SES classifications	Not delegated
29A(2)	Direct a Secretary to reclassify an office or offices	DIR has need to exercise power in some circumstances Delegated to DIR
29A(4)	Direct that normal sub-s. (3) provision for an office to become vacant on reclassification should not apply in particular circumstances	Function currently exercised by DIR. Department would consult PSMPC to ensure no breach of merit principle Delegated to DIR
29B(4)	Notify procedures to be followed in relation to part-time employment	Comparable to issue of guidelines by PSMPC. Not delegated
29D(3)	Declare hours of attendance applicable to an unattached officer in certain circumstances	Delegated to Secretaries
33A(1)	Notify various matters applicable to appointment, transfer and promotion	Not delegated	PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996)
33A(1A)	Determine salary advancement and salary barrier conditions	Not delegable outside PSMPC (but may also be an outcome of agency bargaining, not involving a PSMPC determination)
33AA(3)	Direct that an SES vacancy is to be filled by reappointment of a person in accordance with s. 47C (unsuccessful election candidate)	Not delegable
33AA(3A)	Direct further advertising of vacant SES office where nominee did not commence duty	Not delegable outside PSMPC
33B	Arrange for the taking of certain tests and examinations	DEETYA now administers tests and examinations under such arrangements Not delegated
33C(2)	Discretion to direct that unattached officer is not to be included in department in which the person last held an office	Not delegable outside PSMPC
34	To be satisfied that an applicant is a fit and proper person to be an officer of the Service	Not previously delegated but Secretaries had delegated appointment powers under s.42 and "fit and proper person" decisions are made in agencies Delegated to Secretaries	Streamlining Guidelines:1. Recruitment, Appointment, Probation paras 20-23 The above will probably be replaced by: PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996)
36(3)	Report to Prime Minister in relation to filling of vacancy in office of Secretary of PM & C	Not delegated
37(12)	Report to Prime Minister in relation to filling of vacancy in office of Secretary PM & C on a fixed-term basis	Not delegated
38(3)	Determine superannuation or similar benefits for fixed-term Secretary appointees, as required	Not delegated
42(1)	Appoint a person to an office in the Service or as an unattached officer	Delegated to Secretaries (other than SES or where severance benefit received in previous 12 months)
42(2)	Determine classification for person appointed as unattached officer	Delegated to Secretaries	PMM Vol 7, Recruitment Appointment and Employment manual para 111
42A	Appoint continuing employees as permanent officers in accordance with such procedure as Commissioner thinks fit	Delegated to Secretaries As the exercise of this delegation may impinge on application of merit principle, agencies may wish to keep record of usage	There will be a need to distinguish between the appointment of industrial staff employed under 82AC and former short term temporaries under 82AD who have gained continuing employee status. s.42A is only used in exceptional circumstances because of its potential to compromise the merit principle
43	Appoint a person to Service in specified special circumstances	Progressive relaxation of appointment conditions has largely removed need for this provision Delegated to Secretaries	As the exercise of this delegation may impinge on application of the merit principle, agencies may wish to keep records of usage Note: Parliamentary tabling requirements PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996)
44(1)	Determine that appointment of an SES officer may be on a fixed-term basis	Not delegated
44(2)	Determine compensation payable to fixed-term SES officer where duration of appointment is fore-shortened	Not delegated
44(3)	Terminate fixed-term SES appointment	Not delegated
45(3)	Determine superannuation or similar benefits for fixed-term SES appointees, as required	Not delegated
47(2)	Appoint a person to Service without probation in specified circumstances	Delegated to Secretaries (other than for SES)	Probation - Principles, Guidelines and Good Practice (1995): Part One: 14: appointment without probation
47(3)	Confirm a probationary appointment within 6 months of the appointment	Delegated to Secretaries (other than for SES)	Probation - Principles, Guidelines and Good Practice (1995): Part One: 4. length of the probationary period
47(6A)	Confirm or terminate an appointment after notice from Secretaries under para 47(6)(c)	Not delegable outside PSMPC
47(9)	Approve medical examination for purposes of establishing health and physical fitness of a probationary appointee	Delegated to Secretaries	Streamlining Guidelines 1. Recruitment, Appointment, Probation paras 26-34 The above will probably be replaced by: PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996) Note: advice may need to be sought in specific cases from the Australian Government Health Service
47(12)	Determine that officer whose appointment has been terminated is eligible for further appointment to the Service within 12 months of termination	Delegated to Secretaries (other than for SES)
47A(3)	Be satisfied as to certain specified matters when considering appointment of a returned soldier with physical defects due to war service.	Limited current relevance Delegated to Secretaries	Note: advice may need to be sought in specific cases from the Australian Government Health Service
47B(1)	Reappoint to the Service a person who has ceased to be an officer	Delegated to Secretaries (other than for SES or for non-SES where severance benefit received in previous 12 months)	As this may impinge on application of the merit principle, agencies may wish to keep records of usage Circular 1990/21 covers certain limited scenarios (reappointment after invalidity retirement, resignation)
47C(1)	Reappoint an unsuccessful election candidate	Delegated to Secretaries (other than for SES)	Circular delegating power issued Feb 1990/04
47C(1A)	Reappoint to Aboriginal and Torres Strait Islander Commission (ATSIC) or to the Torres Strait Regional Authority (TSRA) an officer of ATSIC or TSRA who was an unsuccessful candidate at a Regional Council election	Delegated to ATSIC Chief Executive Officer and to TSRA General Manager in relation to own staff	Same principles as 47C(1) apply-no additional guidelines envisaged.
47D	Arrange for transfer of an APS officer to an office in a Territorial Service	May not be delegable in present form of s. 47D and may involve machinery of government issues Not delegated
49(1B)(a)(b) &(ba)	Effect transfer of SES and SES (Specialist) officers in specified circumstances	Delegated to 'gaining' Secretary (other than Specialist to non-Specialist as per para (1B)(c) and subject to agreement of Secretaries and the officer concerned if inter-agency)	PSC circular 1992/4 paras 9 to 13; PSC circular 1993/8
49(5)	Effect simultaneous transfers of officers between 2 or more SES offices	Shared power as between Commissioner and Secretaries Not delegable
49A(1)(b)	Direct SES officer to perform duties in another Department	Delegated to 'gaining' Secretary (subject to agreement of affected Secretaries and officer concerned)
49B(1)	Promote an officer to a vacant SES office	Not delegable outside PSMPC
50 (4)	Give notice to Secretary that an office is not to be filled without Commissioner's approval	Not delegable
50(5B)	Approve use of this sub-section to permit re-notification within 21 days of an inaccurate Gazette notification of a promotion	Not delegable outside PSMPC
50B(4)	Extend period within which a promotion appeal may be lodged	Delegated to Merit Protection Commissioner	MPRA view is that power is rarely used but, if exercised, its application should be limited, in principle, to situations likely to affect lodging of appeals in emergency situations (fires, floods etc). It should not otherwise be seen as an option for possibly extending the appeal period for a particular individual in other "special" circumstances, variously judged to be appropriate by individual agencies
50DB(2)	Specify in notice under para 33A(1)(e) the circumstances in which a management-initiated Joint Selection Committee may be used	Not delegable outside PSMPC
50G(1)	Cancel a promotion or transfer before it takes effect	Shared power between Commissioner and Secretaries Not delegable outside PSMPC	PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996)
50J(1)	Approve an inter-departmental transfer, where Secretary of losing Department does not agree, after consideration of views of affected Departments and the officer concerned	Not delegable	PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996)
51(1) and (3)	Effect inter-departmental transfers (temporary or permanent) "in the interests of....the Service"	Not delegable outside PSMPC
52(1)	Permit an officer to decline an intra-departmental transfer in circumstances where Secretary was the approving authority	Not delegable outside PSMPC	PSMPC: "Less Process Better Results - Minimum Performance Standard for Recruiting Staff" (forthcoming by October 1996)
53A(1)	Determine that a specified office is a "training office" and the entitlement of an officer to occupy a "relevant higher office" on completion of a required course of training to the Commissioner's satisfaction	Probably not delegable outside PSMPC in present form, although the individual advancement cases are authorised departmentally Not delegated	PSC: "Entry and Career Path Requirements" (1994)
57(3)	Extend the 7-day period within which a Secretary may make a submission to the Commissioner in relation to a disciplinary charge	Not delegable outside PSMPC
57(7)	Recommend to the Governor-General certain types of action in relation to the misconduct of a Secretary	Not delegable outside PSMPC
57(8)	Furnish certain material to the Governor-General in relation to disciplinary charge	Not delegable outside PSMPC
57(9)	Inform Secretary of recommendation to Governor-General and provide opportunity for Secretary to submit material to the Governor-General	Not delegable outside PSMPC
58(1)(b),(2) &(3)	Recommend certain action to Governor-General in relation to a Secretary convicted of a criminal offence, submit related material and provide opportunity for Secretary to furnish statement/make a submission	Not delegable outside PSMPC
59(3)	Direct payment of salary during suspension in certain circumstances to suspended Secretary	Not delegable outside PSMPC
60(8)	Determine whether whole or part of suspension period is to be a "period of service" for particular purposes, where suspended Secretary dies or retires	Not delegable outside PSMPC
63C(11)	Determine whether whole or part of suspension period is to be a "period of service" for particular purposes where suspended officer (other than a Secretary) dies or retires	Delegated to Secretaries	Infrequently used power Discipline Handbook (PMM Vol 3) para 8.52
63C(12)	Authorise payment to an officer (or to the estate of a deceased officer) of an amount equal to the amount which would otherwise have been paid in the event of the retirement or death of a suspended officer	Delegated to Secretaries	Discipline Handbook (PMM Vol 3) para 8.53
63F(2),(3),(4) &(5)	Refer to relevant Secretary application for transfer, promotion or re-appointment where conviction nullified of a previously-transferred or dismissed officer	Not delegable
63F(9), (10)	Appoint, re-appoint, transfer or promote an applicant on the recommendation of a Secretary or Disciplinary Appeal Committee under provisions of this section	Not delegable to Secretaries However, it is noted that Commissioner powers cannot be exercised other than in co-operation with agencies in any event
63F(11)	Determine whether any part of the period between dismissal and re-appointment is to be a "period of service" for any purpose	Directly linked to action under (9) and (10) above Delegated to Secretaries	Discipline Handbook para 11.17
63F(12)	Determine an appropriate office in certain circumstances, for officer reinstated under this section	Directly linked to action under (9) and (10) above Delegated to Secretaries	Discipline Handbook para 11.15, 11.16
63G(6)	Discretion to take appropriate action for reinstatement or transfer of an officer on the recommendation of a Disciplinary Appeal Committee	Recommendation is furnished to Commissioner under para 63G(5)(c) Not delegable
63G(9)	Determine whether any part of the period between dismissal and re-appointment is to count as service for any purpose	Directly linked to action under (6) above Delegated to Secretaries	Discipline Handbook para 11.29, 11.31
63M	Select from a class of persons prescribed under regulation 164 (namely, Secretaries or SES officers) a person to inquire into and, if appropriate, direct dismissal of an unattached officer convicted of, or having been found to have committed, a criminal offence	Probably not delegable outside PSMPC in present form, but assumed to be an isolated occurrence Not delegated
63R(1)(c)	Determine whether a period of imprisonment or custody shall be regarded as service for any purpose	Delegated to Secretaries	Discipline Handbook para 5.23, 5.24
63R(2)	Determine whether an officer who is imprisoned or in custody awaiting trial for an offence shall receive the whole or part of his salary for the whole or part of the period concerned	Shared power between Commissioner and Secretaries Not delegable
66A(5)	Revoke a "forfeiture of office" notice issued by a Secretary	Delegated to Secretaries	Discipline Handbook para 12.20
66B(6)	Direct as to which Secretary is the "relevant Secretary" for purposes of re-appointing an officer to the APS where the officer's previous Department has ceased to exist	Not delegable
70	Approve grant of sick leave by a Secretary, or an extension of that leave in certain circumstances	Section has been repealed (but repeal not yet proclaimed). Delegated to DIR
76C(2)	Determine that a Secretary shall retire from the APS at a specified age or after a specified period beyond the normal maximum retiring age	Not delegable outside PSMPC
76D(1)	Inquire into and report to the Governor-General in relation to the inefficiency or incapacity of a Secretary	Not delegable outside PSMPC
76E(3)	Report to Prime Minister in relation to any proposed termination of appointment of the occupant of the office of Secretary, PM & C	Not delegable outside PSMPC
76F(1),(1A) &(2)	Take certain specified action in relation to the redeployment of an unattached Secretary, including transfer to an SES office and reduction in classification	Not delegable outside PSMPC
76FA(1)	Offer a specified benefit to an unattached Secretary who agrees to retire from the APS	Not delegable outside PSMPC
76J(2)&(3)	Determine that an SES officer shall retire from the APS at a specified age or after a specified period beyond the normal retiring age	Not delegated
76L(1),(3) &(3B)	Give notice to an SES officer of reduction in classification or retirement from the APS, or of an intention to consider such action	Not delegated
76L(6)(b),(11) &(12)	Determine that a notified promotion shall not take effect while the determination is in force, cancel such a promotion or, in the event of revocation of the determination, determine when salary is to be payable in the promotion position	Not delegable outside PSMPC
76N(1)	Retire an SES officer on grounds of physical or mental incapacity, with officer's consent	Not delegated
76P(1)	Declare that SES officer should become unattached on basis of medical advice that officer should be retired on grounds of physical or mental incapacity	Not delegated
76R(1)	Notify SES officer of availability of a special benefit if officer retires from APS within a specified period	Not delegated
76W(2)&(3)	Take specified action, where considered appropriate, to transfer or reduce in classification a non-SES officer, in respect of whom a Secretary has proposed reduction in classification or retirement	Not delegable outside PSMPC
76X(1)&(2)	Notify in Gazette administrative instructions in relation to exercise by Secretaries of non-SES redeployment and retirement powers and give directions in relation to the exercise of such powers	Not delegable outside PSMPC.
81B(1)	Appoint to, or direct employment in, the APS of persons associated with a function which the Prime Minister has certified should be performed by persons employed under the Act	Legislative provisions in s.81B are complicated and agencies have little opportunity to develop expertise. Appointments of SES staff may be involved Delegated to DoD in relation to certain ADF transfers
81B(2) and (3)	Declare that specified persons associated with the performance of a Commonwealth function, which the Prime Minister has certified should be performed by persons employed under the Act, are appointed to, or employed in, the APS	As above for s.81B(1) Delegated to DoD in relation to certain ADF transfers
81B(3A)	Re integrate into the APS persons to whom either Division 2 of Part IV of the PSA, or the Officers' Rights Declaration Act, applies, where the Prime Minister has certified that it is in the interests of the Commonwealth for this to occur	As above for s.81B(1) Not delegated
81B(5)	Determine that special terms and conditions may apply to a person entering or re-entering the APS under provisions of this section	Determination can be made by Commissioner or DIR (or both) according to functional responsibility for subject matter DIR has favoured delegation to Secretaries in relation to "terms and conditions" matters on grounds that issues now resolved at agency level in a devolved environment with access to AIRC, if need arises No change (in relation to Commissioner's functional responsibilities) Delegated generally to DIR; and "terms and conditions" matters to Secretaries	DIR will be developing guidelines
81C(1)	Declare that specified officers are in the employment of a Commonwealth authority, where Prime Minister has certified that the function performed by those persons is to be performed by the relevant authority	Transfer arrangements may be complicated and agencies have little opportunity to develop expertise Not delegated
82AB(1)	Declare a class of employees to be continuing employees	Not delegated
82AD(4)	Approve periods of more than 3 months, but less than 12 months, as approved periods of short-term employment	Not delegated
82AD(7)	Extend a period of short-term employment which has expired or terminate the employment from a specified date	Delegated to Secretaries (other than for SES classifications)
82AD(10)	Notify in the Gazette specified matters in relation to selection of persons for short-term employment	Not delegable
82AE(1)	Approve the engagement by Secretaries of fixed-term employees	Not delegable	Alternative administrative processes now in place: PSMPC circular 1996/15
82B(1)	Re employment of a temporary employee who was an unsuccessful candidate at an election	Delegated to Secretaries (other than for SES classifications)
82B(1A)	Re employment of a temporary employee of ATSIC or TSRA who was unsuccessful candidate at Regional Council election	Delegated to ATSIC Chief Executive Officer and TSRA General Manager in relation to own staff
82BA(2)	Direct re-location of a temporary employee as a consequence of changed administrative arrangements	Probably not delegable
82D(1)	Determine terms and conditions of employment	Delegated to DIR (Non SES R&R benefits are now subject to provisions of 1995/96 Enterprise Agreement)
82D(10A) &(12)	Number determinations in a particular manner, if considered fit, and notify the making of determinations in the Gazette	Delegated to DIR
Part IV (general)			Part IV matters: The current Mobility Handbook is being revised. Subject to unforeseen delays, it is hoped that this will be available by the end of October 1996. Pending its availability, specific queries can be raised with Colleen Oliver phone (02) 6272 3919
87B(2),(3) &(4)	To be satisfied as to certain specified matters before regulations are made for PSA Part IV purposes under sub-s. 87(4), and to make regulations repealing the former regulations	Probably not delegable and regulation-making power is now exercised by Governor-General on Commissioner/Minister recommendation Not delegated
87B(6)(f)	Certification as to presumed death of an officer for purposes of payment in lieu of recreation leave	Delegated to Secretaries	Will be covered in revised mobility guidelines
87D(3) &(4)	Fix a period in excess of 3 years (and fix an additional period if considered appropriate) in relation to the time of cessation of leave without pay for an officer employed by a public authority	Delegated to Secretaries
87E(2)	Determine manner in which periods of recreation and sick leave (if any) are to be credited to certain officers covered by Division 2 of Part IV of PSA	Power is exercised by DIR and is covered by a standing determination Delegated to DIR
87E(4)	Determine recreation leave credit that accrues on 1 January to an officer to whom Division 2 of Part IV applies	Delegated to Secretaries	Revised mobility guidelines will alert agencies to the fact that Secretaries now have this power See comment on s.87B(4)
87E(7)	Direct presumption of an officer's death for purpose of payment in lieu of accrued recreation leave, where Division 2 of Part IV applied to the officer	Delegated to Secretaries	See comment on s. 87E(4)
87E(8)	Determine recreation leave credit which accrues to an officer covered by Division 2 of Part IV after resumption of duty in the APS	Delegated to Secretaries	See comment on s. 87E(4)
87G(2)	Extend 30-day period after which an office becomes vacant and the Division 2 Part IV officer, previously promoted to that office, becomes an unattached officer	Delegated to Secretaries	See comment on s. 87E(4)
87J(3)&(4)	To be satisfied for purposes of a notification to the Prime Minister that specified officers or persons are performing duties connected with the performance of a particular function	Transfer arrangements may be complicated and agencies have little opportunity to develop expertiseNot delegated
87J(8)	To be satisfied as to various matters in relation to terms and conditions of employment prior to the Prime Minister making a declaration under this section	Power is exercised both by PSMPC and DIR Delegated to DIR	Revised mobility guidelines will alert agencies to need to liaise with DIR
87J(9)	With approval of Prime Minister, revoke a declaration under this section under certain specified circumstances	Power may be exercised both by PSMPC and DIR Confirm in new delegation to DIR	See comment on s. 87J(8)
87M(2)	Determine that the deemed re-appointment of an officer, to whom Division 3 of Part IV applies and who has been promoted to an office in the APS, shall be with probation	Delegated to Secretaries	Revised mobility guidelines will alert agencies to fact that Secretaries now have delegation
87M(4)	Determine a period greater than 30 days within which a person may accept or decline transfer or promotion in accordance with this section	Delegated to Secretaries	See comment on s. 87M(2)
87N(5)(b)	Allow a period longer than 30 days after the occurrence of a specified event during which an officer may apply for re-appointment to the APS	Not delegated Alternative administrative processes under consideration
87N(13)	Furnish to applicant a copy of a determination of a Re-appointment Review Committee (RRC) advising that applicant is not eligible for re-appointment under this section	Not delegable (by reason of sub-s. 87N(12)) Alternative administrative processes under consideration
87P(4)	Allow a period of longer than 30 days within which a person may apply for reinstatement as a person to whom Division 3 of Part IV applies	Delegated to Secretaries	See comment on s. 87M(2)
87Q(1)	Furnish the applicant a copy of an RRC determination establishing he or she is eligible for re-appointment under s. 87N together with a notice informing the applicant of the terms of such a re-appointment	Not delegable (by reason of sub-s. 87N(12)) Alternative administrative processes under consideration
87Q(4)	Allow a period of longer than 21 days within which a person shall take certain specified action in relation to a s.87N re-appointment	Not delegable (given that issue of related notice under sub-s. 87Q(1) is handled by PSMPC) Alternative administrative processes under consideration
87R(1)	Re-appoint a Division 3 Part IV person to the APS if satisfied that there are special circumstances	Power exercised only in exceptional circumstances for non-SES. Retained for SES consistent with overall PSMPC responsibilities in this area Not delegated
87R(2)(b),(c) &(d)	Determine that re-appointment is to be without probation and at such classification and salary as considered appropriate	Relates to s.87R(1) Not delegated
87S(2)	Determine manner in which recreation and sick leave is to be credited on re-appointment in accordance with ss87M, 87Q and 87R	Power is exercised by DIR and is covered by a standing determination Delegated to DIR
87TA	Apply the provisions of the repealed Officers' Rights Declaration Act 1928 or the former s.6 of the Trade Commissioners Act 1933, to certain persons in specified circumstances	Presumed to arise only infrequently. Potential difficulties in cases where officer's previous agency may have ceased to exist Not delegated
87V(4)	Extend beyond 3 years the period during which provisions of ORD Act continue to apply to officers	Potential difficulties in authorising extension in cases where officer's previous agency may have ceased to exist Not delegated
87Y(5)	Give notice to appropriate persons and authorities of cessation of leave without pay for persons engaged in prescribed employment (with Australia Post or the former Telecom)	Effectively a transitional provision at time of enactment and not considered to have any current relevance Not delegated
87Z(5)	Give notice to appropriate persons and authorities of cessation of leave without pay for persons employed in Northern Territory Public Service	Effectively a transitional provision at time of enactment and not considered to have any current relevance Not delegated
87ZA(2)	Determine that former officers who resigned to join certain commissions (Australia Post or Telecom) should be appointed to the APS on probation	Effectively a transitional provision at time of enactment and not considered to have any current relevance Not delegated
87ZA(7)	Give notice to appropriate persons and authorities of cessation of APS employment of person who continues in employment of a commission (Australia Post or Telecom) for more than 3 years	Effectively a transitional provision at time of enactment and not considered to have any current relevance Not delegated
87ZC(1)	Make certain declarations concerning status of certain persons engaged in eligible Commonwealth employment.	Effectively a transitional provision at time of enactment and not considered to have any current relevance Not delegated
87ZC(3)	Give notice to appropriate Secretary or authority of cessation of APS employment of certain persons engaged in eligible Commonwealth employment under Part IV	Not delegable
87ZE(2)	Declare in particular circumstances that two periods of public authority employment are not to be deemed to be continuous where officer performed an intervening period of duty (of not more than 3 months) in the APS.	Delegated to Secretaries	Revised mobility guidelines will alert agencies to fact that Secretaries now have this delegation
87ZG	Revoke a determination made under Part IV provisions at any time	Delegated to DIR	Revised mobility guidelines will alert agencies to need to liaise with DIR
90(3)	Authorise payments to officers and employees other than for salary, allowances or expenses	Comparable to "act of grace" payments and have been closely controlled by central agencies to this point Not delegated at this stage
91A(1)	Direct that this section applies to an officer receiving remuneration or allowance additional to salary (so that such remuneration or allowance is seemed to be received on behalf of the Commonwealth and is to be paid to the Commonwealth)	Delegated to Secretaries	Reg 38 applies. No specific guidelines but see Guidelines on Official Conduct, particularly chapter 15, for indication of general principles

Attachment

Delegation of Public Service Commissioner Powers under Acts other than Public Service Act

Long Service Leave (Commonwealth Employees) Act 1976
Sub-s.4(10)	To fix minimum retiring age of less than 60 years for the purposes of this Act	Delegated to Secretaries
Maternity Leave (Commonwealth Employees) Act 1973
Sub-s.8(1)	Declare that an office is vacant where officer absent from duty in relation to childbirth (NB: existing delegation)	Delegated to Secretaries
Merit Protection (Australian Government Employees) Act 1984
Sub-s.23(1)	Nominate a person to be a member of a Redeployment and Retirement Appeal Committee (other than in relation to an SES officer)	Delegated to Secretaries
Sub-s.28(1)	Nominate a person to be a member of a Reappointment Review Committee (other than in relation to cases where reappointment is sought at the SES level)	Delegated to Secretaries
Para 33(b)	Nominate a person to be a member of a Reintegration Assessment Committee (other than in relation to cases where reintegration is sought at the SES level)	Delegated to Secretaries

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