EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 134
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) (BENEFITS) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Paragraph 23(1)(a) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act) provides, inter alia, that the regulations may make provision for and in relation to the payment of a benefit to specified employees under circumstances set out in sub-paragraphs 7(1)(b)(i) or (ii) of the Act.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides, inter alia, that where an Act confers a power to make regulations the power shall, unless the contrary intention appears, be construed as including a power to vary such regulations.
The regulations amend the Commonwealth Employees (Redeployment and Retirement) (Benefits) Regulations to provide terminology consistent with that inserted in the Act and the Public Service Act 1922 by the Public Service Reform Act 1984, being the abolition of the office of “Permanent Head” and its replacement by the office of “Secretary”.
Overview
The Commonwealth Employees (Redeployment and Retirement) (Benefits) Regulations (Amendment) 2004 were enacted to address the need for updating the regulatory framework to align with legislative changes introduced by the Public Service Reform Act 1999. This amendment was issued with the authority of the Public Service Board under paragraph 23(1)(a) of the Commonwealth Employees (Redeployment and Retirement) Act 1979. The objective of these regulations is to ensure that the terminology used in the regulations is consistent with the changes in the Act and the Public Service Act 1922, specifically replacing the term "Permanent Head" with "Secretary". This amendment is crucial for maintaining coherence and clarity in the regulatory provisions governing the payment of benefits to specified employees under the Act.
These regulations were formulated to streamline the terminology used across related legislative instruments, thereby reducing confusion and ensuring that the regulatory framework remains current and consistent with legislative updates. By replacing the term "Permanent Head" with "Secretary", the regulations align with the structural changes introduced by the Public Service Reform Act 1999, enhancing the overall effectiveness and applicability of the regulatory provisions. This amendment is a vital step in ensuring that the legislative and regulatory framework governing Commonwealth employees' benefits remains robust and reflective of contemporary administrative structures.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) (Benefits) Regulations (Amendment) 2004 apply to employees of the Commonwealth, specifically targeting those who are subject to the provisions outlined in the Commonwealth Employees (Redeployment and Retirement) Act 1979. The regulations provide for the payment of benefits to specified employees under particular circumstances, as outlined in the Act, and reflect updates to terminology within the associated legislation. This includes the replacement of the term "Permanent Head" with "Secretary" to align with terminology changes introduced by the Public Service Reform Act 1984. The geographic reach of these regulations is limited to the Commonwealth, and they apply nationally within Australia. The Act itself allows for the variation of these regulations, thereby extending or restricting their application as necessary, subject to the powers conferred by the Acts Interpretation Act 1901. There are no specific exclusions, exemptions, or thresholds mentioned in the text, but the regulations are tailored to the specific requirements and terminology of the Commonwealth’s public service framework.
Key Provisions
The main provisions of the Commonwealth Employees (Redeployment and Retirement) (Benefits) Regulations (Amendment) (No. 134) 2004, as stated in the explanatory statement, pertain to the amendment of terminology within the regulations to align with changes made in the Commonwealth Employees (Redeployment and Retirement) Act 1979, the Public Service Act 1922, and the Public Service Reform Act 1984. Specifically, section 23(1)(a) of the Act allows for the payment of benefits to specified employees under certain conditions, while section 33(3) of the Acts Interpretation Act 1901 provides the power to vary these regulations. The amendment replaces the term "Permanent Head" with "Secretary" to reflect the changes in the aforementioned acts.
The obligations and requirements imposed by these regulations on the parties or entities they govern include ensuring that the terminology used in the documentation and communications regarding employee benefits is consistent with the updated terms. This means that all references to the office of "Permanent Head" must be replaced with "Secretary" to maintain uniformity and compliance with the legislative framework. It is essential that this change is implemented across all relevant documents, policies, and procedures to avoid confusion and ensure that the updated terminology is accurately reflected in all communications.
Failure to comply with these regulatory requirements may result in administrative or legal consequences, although specific civil or criminal penalties are not detailed in the explanatory statement. However, it is implied that non-compliance could lead to inaccuracies in the administration of employee benefits, potential disputes, or challenges in the interpretation of the regulations. The overarching consequence of not adhering to these amendments could be a breakdown in the effective governance and administration of employee benefits within the Commonwealth framework.
In summary, the regulations mandate the updating of terminology from "Permanent Head" to "Secretary" to reflect legislative changes. Parties governed by these regulations must ensure that all documentation, communications, and policies are revised to align with the new terminology. While specific penalties for non-compliance are not outlined in the explanatory statement, the importance of adherence to these changes is underscored by the potential for administrative issues and the need for consistency in legal terminology.