Australian Universities Commission Act 1968

Overview

The Australian Universities Commission Act 1968 was enacted to address the need for a structured framework governing the employment of staff within the Australian Universities Commission. This legislation was introduced to ensure that the Commission's staff are employed under a consistent and regulated system, aligning with the broader public service standards of the time. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act specifically sought to clarify the employment conditions and powers of the Commission’s staff, ensuring they operate effectively within the public service framework. The policy objective of the Act was to maintain a high standard of governance and administration within the Commission, facilitating efficient and transparent management of university-related affairs.

Scope and Application

The Australian Universities Commission Act 1968 is a Commonwealth statute that pertains specifically to the employment and management of staff within the Australian Universities Commission. The Act applies to the staff of the Commission, who are to be employed under the Public Service Act 1922-1968. It grants the Chairman of the Commission extensive powers, equivalent to those of a Permanent Head under the Public Service Act 1922-1968, for the purpose of managing this staff as if they constituted a separate department. Furthermore, the Chairman is empowered to delegate these powers to officers employed under the Public Service Act, although the power of delegation itself cannot be delegated. The Act extends its jurisdictional reach to the entire Commonwealth of Australia, with its provisions applying uniformly across the federal territory. The Act does not explicitly outline exclusions or thresholds but rather focuses on establishing the framework for staff management within the Commission. Subordinate instruments may further detail the application of these provisions, but the primary Act itself does not extend beyond its immediate scope of staff management.

Key Provisions

The Australian Universities Commission Act 1968 (sections 1-3) provides the legal framework for the Australian Universities Commission, outlining its establishment, the citation of the Act, and its commencement. Specifically, section 19 introduces key provisions regarding the employment of the Commission's staff. Under section 19(1), the staff of the Commission are to be employed under the Public Service Act 1922-1968. This means that the employment terms, conditions, and procedures applicable to public service employees generally will also apply to the Commission’s staff, ensuring consistency and adherence to public service standards. Section 19(2) grants the Chairman of the Commission all the powers of a Permanent Head under the Public Service Act 1922-1968, specifically as they pertain to the branch of the Public Service of the Commonwealth that includes the Commission’s staff. This broad delegation of authority allows the Chairman to manage and direct the staff in a manner similar to how a Permanent Head would manage a separate department within the public service. The section further clarifies that these powers are exercisable as if the Commission's staff branch were a distinct department. Section 19(3) and (4) provide for the delegation of powers and functions by the Chairman to officers employed under the Public Service Act 1922-1968. The Chairman can delegate these powers either generally or to the extent specified in the written instrument, allowing for flexible management and operational efficiency. The delegate can exercise these powers and functions with the same authority and effect as the Chairman, ensuring continuity and effectiveness in the administration of the Commission. Importantly, section 19(5) notes that such delegations are revocable at will and do not preclude the Chairman from exercising any power or performing any function personally. In terms of obligations and requirements, the Act imposes a clear structure for the employment and management of Commission staff, ensuring alignment with public service laws and practices. The Chairman's authority to delegate powers further necessitates that any delegated functions are managed in accordance with the overall directives and policies established by the Commission. Additionally, the requirement for written instruments for delegation ensures there is a formal and documented process for any transfer of authority. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, breaches of public service laws under the Public Service Act 1922-1968 could lead to disciplinary actions, including potential termination of employment, fines, or other penalties as stipulated by that Act. As the Commission’s staff are subject to the Public Service Act 1922-1968, any misconduct or non-compliance by staff would be dealt with under the respective provisions of that Act, which may include administrative, civil, or criminal penalties depending on the nature and severity of the breach.