Commonwealth Employees (Redeployment and Retirememt) Regulations (Amendment)

Overview

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 1987 were enacted to address a specific issue within the framework of the Commonwealth Employees (Redeployment and Retirement) Act 1979. This legislative amendment was issued under the authority of the Public Service Board and aims to ensure that the Australian Capital Territory Health Authority, which was established under the Health Authority Ordinance 1985, is appropriately recognised as a prescribed Commonwealth authority for the purposes of the Act. The regulation updates the reference to the Authority in the list of prescribed Commonwealth authorities, replacing the previous reference to the Authority established under the Health Services Ordinance 1985 with the current reference under the Health Authority Ordinance 1985, thereby ensuring continuity in the application of the Act's provisions to the staff of the Authority. The objective of this amendment is to provide clarity and maintain the applicability of the Act's provisions to the staff of the Australian Capital Territory Health Authority, reflecting the changes in the legislative framework governing the Authority.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1987 No 89 amends the existing regulations to update the list of prescribed Commonwealth authorities for the purposes of the Commonwealth Employees (Redeployment and Retirement) Act 1979. The Act applies to officers and employees under the Public Service Act 1922 and to staff of prescribed Commonwealth authorities, which are defined as bodies corporate established for a public purpose under an Act or law of a Territory that employs staff outside of the Public Service Act 1922. The amendment specifically addresses the Australian Capital Territory Health Authority, which has consented to being declared a prescribed Commonwealth authority. The regulation corrects the reference to the Health Authority Ordinance 1985 of the Australian Capital Territory to ensure the Authority’s staff remains subject to the Act, as the current authority established by the Health Authority Ordinance 1985 is considered a new body. This amendment ensures the continuity of regulatory oversight for the relevant staff members and aligns with the legislative intent to provide comprehensive coverage under the Act.

Key Provisions

The main operative sections of the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 2004 (the Amendment) pertain to the clarification and updating of the entities that fall under the scope of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act). Section 3 of the Amendment specifies that the Australian Capital Territory Health Authority, established by the Health Authority Ordinance 1985, should be included in the list of prescribed Commonwealth authorities. This amendment ensures that the staff of this authority, which employs individuals outside the Public Service Act 1922, remain subject to the Act’s provisions. This adjustment is made to ensure the authority’s staff are appropriately governed under the Act despite a change in the authority’s legislative basis. The Amendment imposes specific obligations on the Australian Capital Territory Health Authority and other prescribed Commonwealth authorities. These entities must consent in writing to being declared as prescribed authorities under the Act, as mandated by section 3(3) of the Act. This written consent ensures that these authorities are aware of their obligations and have agreed to be subject to the Act's provisions. Additionally, the Amendment mandates that the list of prescribed authorities in the Regulations is updated to reflect current legislative changes, ensuring that the Act’s regulatory framework remains current and effective. The Amendment also outlines the potential consequences for non-compliance with the Act. While the Amendment itself does not explicitly detail specific offences, penalties, or civil/criminal consequences, the overarching Act does provide a framework for enforcement. Under the Act, breaches of its provisions can result in penalties, which may include fines or other sanctions as prescribed by the relevant legislation. The severity of these penalties can vary depending on the nature and extent of the breach, and in some cases, criminal charges may be applicable. It is important for prescribed authorities to adhere to the Act's provisions to avoid these potential consequences.