Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment)

Overview

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 were issued to amend the existing regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979. This legislation was enacted by the Public Service Board under the authority of sub-section 29(1) of the Act, which allows the Governor-General to make regulations prescribing matters required or permitted to be prescribed by the Act. The primary objective of this amendment is to update the list of prescribed Commonwealth authorities to include the Australian Film Commission, which has consented in writing to being declared as such an authority. This ensures that the Act appropriately applies to officers, employees under the Public Service Act, and staff of prescribed Commonwealth authorities, thereby addressing the need for a clear and updated framework governing the redeployment and retirement of employees across various Commonwealth bodies.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No 31 pertain to officers and employees under the Public Service Act as well as staff of prescribed Commonwealth authorities. The Act is designed to cover a wide array of personnel within the federal public service, specifically targeting those who are employed by the Commonwealth government or by entities that have been declared as prescribed Commonwealth authorities. These authorities must be bodies corporate incorporated for a public purpose, employing staff on their own behalf, and must have given written consent to be recognised under the Act. The geographic reach of this legislation is national, impacting all relevant employees across Australia. The Act’s application is extended through subordinate instruments, which allow for the inclusion of specific authorities, such as the Australian Film Commission in this case, into the list of prescribed Commonwealth authorities. This ensures that the legislation’s scope can adapt to the evolving structure of the public sector and the specific needs of various Commonwealth bodies.

Key Provisions

The key provisions of the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No. 31, as referenced in Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement Act 1979), revolve around the amendment to the list of prescribed Commonwealth authorities. This amendment, detailed in the explanatory statement, aims to add the Australian Film Commission to this list. According to Sub-section 3(1), a "prescribed Commonwealth authority" is defined as a body corporate incorporated for a public purpose by an Act, regulations under an Act, or a law of a territory, that employs staff on its own behalf. Sub-section 3(3) further clarifies that regulations declaring an authority or body as a prescribed Commonwealth authority can only be made if the authority or body has provided written consent to the Minister. The Australian Film Commission, having provided such consent, is now included in the list of prescribed Commonwealth authorities under these regulations. The obligations and requirements imposed by these regulations on the Australian Film Commission and other prescribed Commonwealth authorities primarily involve compliance with the provisions of the Commonwealth Employees (Redeployment and Retirement Act 1979. This Act applies to officers and employees under the Public Service Act and to staff of prescribed Commonwealth authorities, thereby encompassing the Australian Film Commission within its scope. As a prescribed Commonwealth authority, the Film Commission must adhere to the redeployment and retirement policies outlined in the Act, ensuring that its staff are managed in accordance with these legislative provisions. This includes participating in any redeployment processes and complying with retirement regulations, which may include age-based retirements, redundancy schemes, or other retirement-related conditions stipulated by the Act. Failure to comply with the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No. 31 could result in various civil or criminal consequences, depending on the nature and severity of the breach. While specific penalties are not detailed within the explanatory statement, breaches of regulations under the Commonwealth Employees (Redeployment and Retirement Act 1979 can potentially lead to legal actions, including fines or other civil penalties. For more severe breaches, criminal charges could be pursued, leading to potential imprisonment. The exact penalties would depend on the specific nature of the breach and the discretion of the court in applying the relevant laws. It is crucial for prescribed Commonwealth authorities, including the Australian Film Commission, to ensure strict compliance to avoid these potential legal repercussions.