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1983 No. 5 PUBLIC SERVICE REGULATIONS (AMENDMENT) - REG 1
Conditions of transfer or promotion from Fourth Division to Third Division
Regulation 112 of the Public Service Regulations is amended-
(a) by omitting paragraph (1) (a) and substituting the following
paragraphs:
"(a) the officer has passed, before 1 February 1983, examinations in at least
4 subjects, being examinations held by or on behalf of the Board;
(ab) the officer has passed an examination in each of at least 4 subjects
approved by the Board, being an examination referred to in paragraph
(1) (a), (1) (b), (1) (ba) or (1) (d);";
(b) by omitting paragraphs (1) (ba) and (1) (bb) and substituting the
following paragraphs:
"(ba) the officer has passed, before 1 January 1984, examinations conducted by
the Defence Force in at least 4 subjects, being subjects in relation to which
the Defence Force issues a Services General Certificate of Education;
(bb) in the case of an officer appointed to the Service before 1 February
1983-an Australian university has before that date confirmed that the
officer is qualified for unconditional admission as a matriculated
student at that Australian university;
(bba) the officer-
(i) has completed at an Australian university the first year of
full-time study in a degree course of that university; or
(ii) has completed an amount of study that the Board, having regard
to the rules of an Australian university, determines to be the
equivalent of the first year of full-time study in a degree
course of that university;";
(c) by omitting from paragraph (1) (c) "of an Australian college of
advanced education or";
(d) by inserting after paragraph (1) (c) the following paragraph:
"(ca) the officer has qualifications gained in a country other than Australia,
being qualifications that, in the opinion of the Board, are of a standard at
least equal to the standard of-
(i) a degree, diploma or associate diploma conferred or awarded by
an Australian college of advanced education on the completion
of an approved course of that college; or
(ii) a certificate (other than a trade certificate), diploma, or
associate diploma of the kind referred to in sub-paragraph (g)
(i) or (g) (ii);";
(e) by omitting from sub-paragraph (1) (d) (iv) "or";
(f) by omitting paragraph (1) (e) and substituting the following
paragraphs:
"(e) in the case of an officer, appointed to the Service before 1 February
1983-an Australian college of advanced education has, before that date,
confirmed that that officer is qualified for admission as a student to a
degree course of the college;
(f) the officer-
(i) has completed at an Australian college of advanced education
the first year of full-time study in an approved degree or
diploma course of that college of advanced education;
(ii) has completed studies that the Board, having regard to the
rules of an Australian college of advanced education,
determines to be the equivalent of the first year of full-time
study in an approved degree or diploma course of that college
of advanced education; or
(iii) has completed an approved associate diploma course at an
Australian college of advanced education;
(g) the officer-
(i) has completed at an institution under the control of a
technical and further education authority the first and second
years of full-time study in a certificate, diploma or associate
diploma course (other than a trade certificate course)
accredited by that authority; or
(ii) has completed studies that the Board, having regard to the
rules of a technical and further education authority,
determines to be the equivalent of the first and second years
of full-time study in a certificate, diploma or associate
diploma course (other than a trade certificate course)
accredited by that authority;
(h) the officer has completed-
(i) the Special Bridging Course for Aboriginals conducted by the
Western Australian Institute of Technology at a standard
qualifying the officer for admission, without the fulfillment
of a further condition, to a degree course at that Institute;
or
(ii) the course in Business Studies or General Studies conducted by
the Tranby Aboriginal Co-operative College; or
(j) the officer has been granted the Level III Aboriginal Teacher's Aide
Certificate of the University of Sydney.";
(g) by omitting sub-regulation (1AA) and substituting the following
sub-regulation:
" (1AA) For the purposes of sub-regulation (1)-
'approved course' means a course that has been approved by the Australian
Council on Awards in Advanced Education for inclusion in its Register;
'college of advanced education' has the same meaning as in the Commonwealth
Tertiary Education Commission Act 1977;
'technical and further education authority' means-
(a) the Department of Education of the Commonwealth;
(b) the Department of Technical and Further Education of the State of New
South Wales;
(c) the Department of Education of the Northern Territory;
(d) the Department of Education of the State of Queensland;
(e) the Department of Further Education of the State of South Australia;
(f) the Education Department of the State of Tasmania;
(g) the Education Department of the State of Western Australia;
(h) the Victorian Technical and Further Education Board.";
(h) by omitting the table in sub-regulation (1A) and substituting the
following table:
------------------------------------------------------------------------------
--
Column 1 Column 2
Examination Level
------------------------------------------------------------------------------
--
New South Wales-
Higher School Certificate
Examination conducted in 1978 or
a subsequent year (a) In the case of the 2
unit
A level course or above, a
scaled mark within or above
the 31-40 percentile band (b)
In the case of 2, 3 or 4 unit
courses, a scaled mark which
on an one unit basis is equal
to, or greater than,the scaled
mark cut-off (on an one-unit
basis) in the 31-40 percentile
bandfor the 2 unit A level
course, or in the case of 3 or
4 unit courses where there is
no corresponding 2 unit A
level course in the subject,
the 2 unit course
Higher School Certificate
Examination conducted in 1976 or
1977 Grades 1, 2 and 3 in 2 unit A
or higher level courses
Grades 1, 2, 3 and4 in 3 unit
or 4 unit courses
Higher School Certificate
Examination conducted in any of
the years 1968 to 1975 (inclusive) Level 3 or a higher level
Leaving Certificate Examination
conducted in 1967 or a preceding
year Level B or a higher level
Matriculation Examination
conducted by the University of
Sydney before theyear 1967 Level B or a higher level
Matriculation Examination
conducted by the University of
Sydney in the year 1967 or a
subsequent year Level 3 or a higher level
New South Wales Department of
Technical and Further Education
Diploma Entrance Examination
conducted in 1966 or a subsequent
year Pass
New South Wales Department of
Technical Education Qualifying
and Matriculation Examination
conducted in 1965 or a preceding
year Pass
Victoria-
Higher School Certificate
Examination conducted in 1981 or
a subsequent year Grades A-D or a descriptive
statement indicating
satisfactory completion ofa
subject or a unit
Higher School Certificate
Examination conducted in any of
the years 1970 to 1980 (inclusive) Grades A-D
Tertiary Orientation Year
Examination Pass
College of Advanced Education
Diploma Preliminary Year
Examination Pass
Matriculation Examination
conducted in 1969 or a preceding
year Pass
Leaving Certificate Examination
conducted before the year 1944 Pass
South Australia and Northern
Territory-
Secondary School Certificate
conducted in 1981 or a subsequent
year Grades A-C
Matriculation Examination
conducted in 1980 or a subsequent
year A scaled score in the range
50-100
Matriculation Examination
conducted in the years 1966 to
1979 Grades A-D
Leaving Certificate Examination
conducted in 1965 or a preceding
year Pass
Western Australia-
Certificate of Secondary
Education in 1976 or a subsequent
year Grades 1-7 on the Certificate
of Secondary Education or ASAT
moderated grades 1-7 on the
Comparing Subjects Information
Folder issued by the Western
Australian Board of Secondary
Education
Tertiary Admissions Examination
conducted in 1976 or a subsequent
year A scaled score in the range
50-100
Tertiary Admissions Examination
conducted in 1975 Grades A-D
Leaving Examination conducted in
1974 or a preceding year Pass
Technical Education Division
Tertiary Admissions Examination
Standard Examination conducted in
1979 or a subsequent year Grades A-C
Technical Education Division
Leaving Standard Examination
conducted in 1978 or a preceding
year Pass
University of Western Australia
Matriculation Examination
conducted in 1969 or a preceding
year Pass
Tasmania-
Higher School Certificate
Examination A lower pass or higher in a
level III subject, or a pass
or higher in a level II or
level III division I subject
University of Tasmania
Matriculation Examination Ordinary level or above
In relation to an officer
appointed before 28 January 1977-
(i) the Schools Board
Certificate Examination held
before 1 March 1960 Pass
(ii) the Schools Board
Certificate Examination held on
or after 1 March 1960 and before
31 August 1969 Pass certificate endorsed
"A"
Australian Capital Territory-
Year 12 Certificate conducted in
1977 or a subsequent year A Course Score in the range
of
57-100 on an accredited course,
or a Course Score or a Scaled
Score in the range of 50-100
on a course accredited for
tertiary entrance
------------------------------------------------------------------------------
--
(j) by omitting sub-regulation (1G);
(k) by omitting from sub-paragraph (2) (b) (iii) "or" (last occurring);
(l) by omitting from sub-paragraph (2) (b) (iv) "and" (last occurring);
(m) by inserting after sub-paragraph (2) (b) (iv) the following
sub-paragraphs:
"(v) in the case of a transfer or promotion (other than a promotion under
section 53B of the Act) to fill a vacancy in an office of Clerk Class 2/3 or
an office of equivalent or higher status, in relation to which a notice
inviting applications has appeared in the Gazette, the officer was, on the
date on which the notice appeared in the Gazette, a prescribed person for the
purposes of this paragraph; or
(vi) in the case of a transfer or promotion (other than a promotion
under section 53B of the Act) to fill a vacancy in an office of
Clerk Class 2/3 or an office of equivalent or higher status,
being a vacancy in relation to which a notice inviting
applications has not appeared in the Gazette, the officer is,
on the date of the decision to fill that vacancy, a prescribed
person for the purposes of this paragraph; and"; and
(n) by inserting after sub-regulation (2) the following sub-regulations:
"(2A) In sub-paragraphs (2) (b) (v) and (2) (b) (vi), a reference to a
prescribed person for the purposes of that paragraph shall be read as a
reference to a person who is an officer in a Department or an officer in a
public authority within the meaning of Part IV of the Act, and-
(a) has been an officer, either in a Department or in a public authority
within the meaning of Part IV of the Act or both, for a continuous
period of not less than 5 years on or after 1 February 1983; or
(b) in the case of a person who, immediately before becoming, or last
becoming, an officer was, during a continuous period, temporarily
employed in a full-time capacity in a Department or in 2 or more
Departments in succession-has been an officer for a continuous period
which, together with the last-mentioned continuous period, is not less
than a period of 5 years on or after 1 February 1983; or
(c) in the case of an officer who, when last being an officer, after
ceasing to be an officer on or after 1 February 1983, had satisfied
the requirements in paragraphs (a) or (b) before or on that date.
"(2B) For the purposes of sub-regulation (2A)-
(a) an officer or an employee is to be deemed to have performed duties as
an officer or to have been engaged in employment in a Department, or
in a public authority within the meaning of Part IV of the Act, as the
case may be, during-
(i) any period of paid leave of absence;
(ii) any continuous period of leave of absence without pay that did
not exceed 4 weeks; or
(iii) any period of leave of absence, without pay,
being a period in respect of which the officer or employee was entitled to
receive compensation under the Compensation (Commonwealth Government
Employees) Act 1971;
(b) an officer is to be deemed to have performed duties as an officer
during any period of leave without pay from a Department whilst
engaged in eligible public employment within the meaning of Part IV of
the Act; and
(c) an officer is deemed to have performed duties as an officer during any
period of leave without pay from a public authority within the meaning
of Part IV of the Act.
"(2C) In the computation, in relation to a person, being a prescribed person
for the purposes of sub-regulation (2A), of any period referred to in
sub-regulation (2A), any period, other than a period referred to in
sub-paragraph (2B) (a) (i) or (2B) (a) (ii) or in paragraph (2B) (b), during
which the person was on leave of absence without pay shall be disregarded and
the periods during which the person performed duties as an officer or was
engaged in employment in a Department, as the case may be, being the period
immediately preceding such a period of leave of absence and the period
immediately following such a period of leave of absence, shall be treated as a
continuous period.".
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