EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 89
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act) enables the Governor-General to make regulations prescribing all matters which are required or permitted or necessary or convenient, to be prescribed for carrying out or giving effect to the Act.
The Act applies to officers and employees under the Public Service Act 1922 and to staff of prescribed Commonwealth authorities. Sub-section 3(1) of the Act defines ‘prescribed Commonwealth authority’ to mean, insofar as is relevant, an authority or other body that is declared by the regulations to-be a prescribed Commonwealth authority for the purposes of the Act, being:
‘(a) a body corporate incorporated, whether before or after the commencement of this Act, for a public purpose by an Act, regulations made under an Act or a law of a Territory (other than the Northern Territory), being a body employing staff otherwise than under the Public Service Act 1922:’
Sub-section 3(3) provides that:
‘Regulations shall not be made for the purposes of the definition of “prescribed Commonwealth authority” in sub-section (1), being regulations that declare an authority or other body to be a prescribed Commonwealth authority for the purposes of this Act, unless the authority or other body has informed the Minister, in writing, that it consents to its being so declared.’
The Australian Capital Territory Health Authority is a body corporate incorporated for a public purpose under a law of a Territory, viz the Health Authority Ordinance 1985 of the Australian Capital Territory, and employs staff otherwise than under the Public Service Act 1922.
In accordance with sub-section 3(3) of the Act the General Manager of the Australian Capital Territory Health Authority has written to the Minister Assisting the Prime Minister for Public Service Matters informing him that the Authority has consented to being declared a prescribed Commonwealth authority for the purposes of the Act.
The regulation omits ‘Australian Capital Territory Health Authority’ and substitutes ‘Australian Capital Territory Health Authority established by the Health Authority Ordinance 1985 of the Australian Capital Territory’ in the list of statutory authorities which the Commonwealth Employees (Redeployment and Retirement) Regulations declare to be “prescribed Commonwealth authorities” for the purposes of the Act so that staff of the Authority will continue to be subject to the provisions of the Act.
The Authority currently referred to in the Regulations was established by the Health Services Ordinance 1985 and although the Authority later established by the Health Authority Ordinance 1985 has the same name, the advice of the Attorney-General’s Department is that the latter Authority is a new body and must be freshly prescribed in the Regulations.