State Service Amendment Regulations 2012
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the State Service Act 2000 .
17 December 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
LARA GIDDINGS
Premier
These regulations may be cited as the State Service Amendment Regulations 2012 .
These regulations take effect on 4 February 2013.
In these regulations, the State Service Regulations 2011 are referred to as the Principal Regulations.
4. Regulation 4 amended (Availability of Act and regulations)
Regulation 4 of the Principal Regulations is amended by omitting "Ministerial Directions, Commissioner’s Directions" and substituting "Employment Directions".
5. Regulation 15 rescinded
Regulation 15 of the Principal Regulations is rescinded.
6. Regulation 25 amended (Leave on account of special circumstances)
Regulation 25 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "Ministerial" and substituting "Employment";(b) by omitting from subregulation (1)(c) "level." and substituting "level; or";(c) by inserting the following paragraph after paragraph (c) in subregulation (1) :(d) in circumstances where an employee has been subjected to family violence.(d) by omitting from subregulation (2) "sick" and substituting "personal".
7. Regulation 35 amended (Suspension from duties without salary pursuant to section 43 of Act)
Regulation 35 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "Commissioner" and substituting "Employer";(b) by omitting from subregulation (2) "Commissioner" and substituting "Employer";(c) by omitting from subregulation (3) "Commissioner" and substituting "Employer";(d) by omitting from subregulation (4) "Commissioner" twice occurring and substituting "Employer";(e) by omitting from subregulation (5) "Commissioner" and substituting "Employer";(f) by omitting from subregulation (6) "Commissioner" and substituting "Employer".
8. Part 8 inserted
After regulation 36 of the Principal Regulations , the following Part is inserted:PART 8 - Reviews37. Timeframes in relation to reviews under section 50(1)(a) of Act
(1) An intention to lodge an application for selection review form is to be lodged with the Tasmanian Industrial Commission within 7 days from the date of the written notice given to the employee advising the employee of the selection.(2) An application for selection review form is to be lodged with the Tasmanian Industrial Commission within 14 days from the date of the written notice given to the employee advising the employee of the selection.38. Timeframes in relation to reviews under section 50(1)(b) of Act
(1) An application for a review in respect of –(a) the appointment of a person; or(b) the promotion of a permanent employee without advertising in accordance with the Employer's determination under section 40 of the Act is to be lodged with the Tasmanian Industrial Commission within 14 days from the date of notification in the Gazette of the intention to seek the Employer's approval to appoint or to promote without advertising.(2) An application for a review of any other State Service action under section 50(1)(b) of the Act is to be made within 14 days from the date of the occurrence of the event that gave rise to the making of the application.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 December 2012
These regulations are administered in the Department of Premier and Cabinet.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the State Service Regulations 2011 by –(a) omitting the provisions relating to review panels; and(b) extending the circumstances in which special leave of absence may be granted; and(c) inserting provisions providing for timeframes in relation to reviews under section 50 of the State Service Act 2000 ; and(d) omitting references to "Commissioner" and substituting "Employer" consequent upon the enactment of the State Service Amendment Act 2012 .