Officers' Rights Declaration Act 1928

Overview

The Officers' Rights Declaration Act 1928 was enacted to address the need for clearly defining the rights of officers who are employed by various Commonwealth authorities but who were previously officers in the Public Service of the Commonwealth. This legislation was introduced by the Parliament of Australia, aiming to ensure that these officers retain their existing and accruing rights, including leave, long service leave or pay, superannuation, child endowment, and certain payments related to marriage for female officers. The Act stipulates that unless an officer elects to be subject to different rules within three months of their employment or the commencement of the Act, they shall retain their rights as if they were still serving in the Public Service of the Commonwealth. Additionally, the Act ensures that the employment period with Commonwealth authorities is counted as part of their service in the Public Service for all relevant purposes, such as superannuation and retirement benefits.

Scope and Application

The Officers’ Rights Declaration Act 1928 applies to officers who are employed by Commonwealth authorities as specified in the Act's Schedule. These officers must have previously been part of the Public Service of the Commonwealth. The Act ensures that such officers preserve or retain their existing and accruing rights related to leave on the grounds of illness, long service leave or pay, superannuation, child endowment, and, in the case of female officers, payment on marriage. The rights are preserved unless the officer elects, within three months of their employment or the commencement of the Act, to be subject to the rules and regulations of the Commonwealth authority instead. The Act also stipulates that officers employed by Commonwealth authorities other than the Commonwealth must repay a proportionate part of their superannuation contributions if they do not elect to retain their Public Service rights. Notably, the Act does not affect the superannuation rights of officers who were previously with the Commonwealth Bank and were part of the Public Service. This legislation is applicable nationally across Australia, with its application potentially extended or restricted through regulations made by the Governor-General under the Act.

Key Provisions

• The Officers’ Rights Declaration Act 1928 (Act) is designed to clarify and preserve the rights of officers employed by Commonwealth authorities, particularly those who transition from the Public Service of the Commonwealth. Under section 5, officers who transition to employment with a Commonwealth authority (as listed in the Schedule) are guaranteed to retain their rights related to leave on illness, long service leave or pay, superannuation, child endowment, and, for female officers, payment on marriage. These rights are those they would have accrued had they remained in the Public Service of the Commonwealth. An officer has the option, within three months of their employment or the commencement of this Act, to elect to be governed by the rules and regulations of the Commonwealth authority regarding these rights, in which case they relinquish the rights specified in section 5. However, if an officer does not make this election, the Commonwealth authority is obligated to ensure that the officer retains these rights, and it may be required to repay part of the superannuation contributions made by the Commonwealth.
• The Act imposes several obligations on the parties involved. Under section 6, officers who are employed by Commonwealth authorities are deemed to be unattached officers of the Public Service of the Commonwealth during their employment, meaning they retain certain rights and the period of their employment is counted as part of their service in the Public Service. Upon termination of their employment, unless dismissed for misconduct or reaching the retirement age, these officers are entitled to reappointment in the Public Service, with status and salary determined by the Public Service Board of Commissioners. The Act also requires the Commonwealth authority to ensure that officers retain their rights and, in certain circumstances, to repay a proportion of superannuation contributions made by the Commonwealth.
• Section 7 of the Act allows the Governor-General to make regulations necessary to implement the provisions of the Act, ensuring that all required or permitted matters are addressed. Under section 5(2), if an officer is employed by a Commonwealth authority other than the Commonwealth, that authority is liable to repay part of the superannuation contributions made by the Commonwealth, calculated based on the proportion of the officer's employment with that authority. This ensures that the Commonwealth is not financially disadvantaged when officers transition to other Commonwealth authorities. Additionally, section 5(3) clarifies that the superannuation rights of officers who became employees of the Commonwealth Bank prior to the commencement of this Act and who were previously Public Service officers are not affected by this Act.
• Failure to comply with the provisions of this Act may result in legal consequences. Although specific offences and penalties are not outlined in the Act, non-compliance with the requirements to preserve and retain officers' rights, as well as the obligation to repay superannuation contributions, could potentially lead to civil or administrative penalties. The exact nature and severity of these penalties would depend on the specific circumstances and the regulatory framework established under section 7.

Legal classification tags

Area of Law

Employee Rights

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Regulatory Standards