House of Representatives

Supplementary Explanatory Memorandum

Amendments and new clauses to be moved on behalf of the Government (Circulated by Authority of the Minister for Education, Training and Youth Affairs and the Minister Assisting the Prime Minister for the Public Service, the Honourable David Kemp, MP)

Attachment A

Default translation table

The following current provisions have been given the following default translations

(a)

s.87E of the Public Service Act 1922;

Default translation: Omit (see comments in Ex Memo on cl.3, above);

(b)

Current provision:

Department within the meaning of 1922 PSA;

Branch of the APS within the control of [the person with the relevant 1922 PSA Secretary powers];

Default translation: Agency within the meaning of PS Bill (Parliamentary Departments are added in by CTA Bill cl.12);

(c)

Current provision:

Secretary within the meaning of 1922 PSA;

Secretary of a Department of the APS;

Secretary of a Commonwealth Department;

Default translation: Agency Head within the meaning of PS Bill (Heads of Parliamentary Departments are added in by CTA Bill cl.12);

(d)

Current provision:

Officer or employee appointed or employed under 1922 PSA;

Officer or employee of the APS;

Person appointed or employed under 1922 PSA;

Person employed under 1922 PSA;

Member of the APS;

Officers and employees of Departments of the APS;

Officer of or person employed in the APS;

Person employed in the APS (where context indicates it covers both employees and officers under 1922 PSA);

Default translation:

A

- person appointed or engaged under PS Bill (i.e., includes both an APS employee and an Agency Head - 1922 PSA Secretary is a 1922 PSA officer)

B

- person engaged under PS Bill (i.e., an APS employee but not an Agency Head);

(e)

officer or employee of a Department

Default translation:

A

- person appointed or engaged under PS Bill or

B

- do not amend - depending on whether this refers to 1922 PSA Department (see s.7) or to a Department of State;

(f)

Current provision:

Officer appointed under 1922 PSA;

Person appointed under 1922 PSA;

Officer of the APS;

Person holding an office or appointment under 1922 PSA;

Officer within the meaning of 1922 PSA holding or performing the duties of an office;

Officer of the Public Service of the Commonwealth;

(appointed to) an office or as an unattached officer;

Default translation:

A

- APS employee under PS Bill or

B

- person appointed or engaged under PS Bill or

C

- person engaged under PS Bill or

D

- (engagement as) an APS employee;

(g)

Current provision:

Employee employed under 1922 PSA;

Employee under 1922 PSA;

Employee of APS

Default translation: Person engaged under PS Bill;

(h)

Current provision:

A Department;

A Department of the Commonwealth;

A Department of the APS;

Default translation:

A

- PS Bill Agency - (where context indicates that not restricted to a Department of State or a Parliamentary Departments) or

B

- Do not amend where this refers to a Department of State;

(i)

PS (in contexts not covered above)

No default translation;

(j)

the public service

No default translation;

(k)

1922 PSA - ongoing

Default translation: PS Bill (i.e. Public Service Act 1997);

(l)

922 PSA - historical

Default translation:

A

- retain or

B

- omit provision (where needed to get different result from retaining);

(m)

1922 PSA - changed policy

Default translation:

A

- omit provision or

B

- replace to reflect new policy;

(n)

Senior Executive Service Officer and variants

Default translation:

A

- an SES employee within the meaning of PS Bill or

B

- an SES employee or acting SES employee within the meaning of PS Bill;

(o)

office in the Australian Public Service

Default translation:

A

- position in the APS or

B

- office or position in the APS (this would cover an office of Agency Head).

The following provisions in existing legislation remain unchanged unless required by the specific context

(i)

appointed, appointment (general references not mentioning 1922 PSA etc.) - these words are wide enough to include engaged under PS Bill;

(ii)

Department of State;

(iii)

officers or employees (in contexts that cover both APS and non-APS) - this form is common in make available provisions;

(iv)

the Minister;

(v)

officer (general reference) - covered by CTA Bill cl.13;

(vi)

Officer of the Commonwealth - covered by CTA Bill cl.13;

(vii)

officer/employee of specified Department - covered by CTA Bill cl.13;

(viii)

Presiding Officer;

(ix)

Parliamentary Department;

(x)

Secretary to a Department - covered by CTA Bill cl.12 - changed to to of only if within text otherwise being replaced;

(xi)

Secretary to a Department of State - as above;

(xii)

the Department (general reference) - covered by CTA Bill cl.13; the reference is expanded by AIA 19A(3);

(xiii)

person occupying, holding etc. an office in a particular Department (e.g. the Department) - covered by CTA Bill cl.13;

(xiv)

an office in a particular Department - covered by CTA Bill cl.13;

(xv)

an office (general reference) - covered by CTA Bill cl.13.