Arbitration (Public Service) Act 1928

Overview

The Arbitration (Public Service) Act 1928 was enacted to amend the Arbitration (Public Service) Act 1920. This legislation was introduced to address the need for adjustments in the appointment and tenure of Public Service Arbitrators. The Act was passed by the Commonwealth Parliament and its primary objective was to modify the eligibility criteria for Public Service Arbitrators by setting an age limit for their appointment and tenure. This was achieved by inserting a proviso to section six of the Principal Act, stipulating that if a person appointed as a Public Service Arbitrator is over fifty-eight years of age at the time of appointment, their term of office would be limited to the period ending on their sixty-fifth birthday. The Arbitration (Public Service) Act 1928 thus provided a legislative framework to ensure that Public Service Arbitrators were appointed within a specified age bracket, thereby maintaining the effectiveness and relevance of their roles. This amendment reflects a policy decision to ensure that the individuals tasked with arbitrating public service matters are within a certain age range, potentially to maintain their capacity and alignment with contemporary standards and expectations.

Scope and Application

The Arbitration (Public Service) Act 1928 amends the Arbitration (Public Service) Act 1920, which primarily concerns the appointment and tenure of Public Service Arbitrators in Australia. This Act applies to individuals appointed as Public Service Arbitrators and governs their terms and conditions of service. It specifies that if a person appointed to this role is over the age of fifty-eight at the time of their appointment, their term will conclude upon reaching the age of sixty-five. The Act operates at the Commonwealth level, impacting federal public service arbitration processes. There are no specific exclusions or exemptions outlined in the text, but it should be noted that the Act may be extended or restricted through subordinate instruments. The jurisdictional reach is limited to the federal public service within Australia.

Key Provisions

The Arbitration (Public Service) Act 1928 introduces specific provisions to amend the Arbitration (Public Service) Act 1920. This Act may be cited as the Arbitration (Public Service) Act 1928, and the amended Principal Act, as referred to in section 1(2), is the Arbitration (Public Service) Act 1920-1928. The main operative section of this Act, section 2, alters the tenure of the Public Service Arbitrator. Specifically, it inserts a proviso at the end of subsection (2) of section six of the Principal Act, stipulating that if an appointed Public Service Arbitrator is over fifty-eight years of age at the time of their appointment, their term of appointment will extend until they reach the age of sixty-five. The Act imposes particular obligations on the Public Service Arbitrator and the appointing authority. Under the new provision, if an individual appointed to this role is over fifty-eight years old, their term will be defined by the period ending on their sixty-fifth birthday. This amendment provides a clear guideline for the duration of the appointment based on the appointee's age at the time of their appointment. The appointing authority must ensure that this condition is met and properly documented when making the appointment. Breach of the provisions in this Act does not necessarily incur criminal penalties but could lead to administrative or procedural consequences. If the appointing authority fails to adhere to the stipulated age-based tenure, it may face scrutiny and potential legal challenges regarding the validity of the appointment. There are no specified maximum penalties in this Act, but non-compliance could result in the need for a review or reappointment to rectify the situation, ensuring the appointed arbitrator's term aligns with the requirements outlined in the Act.