Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment)

Overview

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 1985 were enacted to address the transition in the status of the health authority within the Australian Capital Territory. This legislative amendment was necessary following the amendment of the Health Commission Ordinance 1975 by the Health Services Ordinance 1985, which resulted in the replacement of the Capital Territory Health Commission with the Australian Capital Territory Health Authority. The original regulations, which listed the Capital Territory Health Commission as a 'prescribed Commonwealth authority', needed to be updated to reflect this change. The amendments were made under the authority of the Public Service Board, pursuant to section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979, and the policy objective was to ensure continuity in the coverage of staff under the Act as the health authority transitioned from the Commission to the Authority. The Authority provided written consent to being declared as a prescribed Commonwealth authority, in compliance with the requirements of section 3(3) of the Act.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1985 No. 310 amends the Commonwealth Employees (Redeployment and Retirement) Regulations to reflect legislative changes in the Health Services Ordinance 1985. The Act applies to officers and employees under the Public Service Act 1922 and staff of prescribed Commonwealth authorities. These authorities are bodies incorporated for public purposes by an Act or a law of a Territory, employing staff outside the Public Service Act 1922, and must consent in writing to being declared as prescribed Commonwealth authorities. The amendment specifically removes the Capital Territory Health Commission from the list of prescribed authorities and replaces it with the Australian Capital Territory Health Authority, ensuring continuous coverage of staff under the Act. The regulations took effect from 19 February 1985, the date the Authority replaced the Commission, maintaining the jurisdictional reach of the Act within the Commonwealth.

Key Provisions

The main operative sections of the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 2004 (the Regulations) involve significant changes to the entities covered under the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act). Specifically, the Regulations amend the list of prescribed Commonwealth authorities to reflect the change from the Capital Territory Health Commission to the Australian Capital Territory Health Authority (section 2A). This amendment ensures that the coverage of the Act remains consistent with the new organisational structure established by the Health Services Ordinance 1985. The Regulations impose specific obligations on the parties governed by the Act. Firstly, they mandate that the Australian Capital Territory Health Authority must provide written consent to be recognised as a prescribed Commonwealth authority under the Act (section 3(3)). This consent ensures that the Authority agrees to the terms and conditions set forth by the Act, thereby facilitating the proper administration and application of the Act's provisions. The Regulations also ensure that the transition from the Capital Territory Health Commission to the Australian Capital Territory Health Authority is seamless and continuous, maintaining coverage without any disruption in service or employee rights (section 2A). Breaches of the Act or its associated regulations can lead to various consequences. The Act does not explicitly detail penalties for non-compliance within its own text; however, it is understood that penalties for breaches of Commonwealth regulations generally include fines or other civil penalties. The maximum penalties for such breaches are typically outlined in the specific regulations or other related legislative instruments. It is also pertinent to note that any failure to comply with the requirements of the Act could result in legal actions or administrative penalties, depending on the severity and nature of the breach. The consequences for non-compliance could potentially impact both the entities and the employees involved, underscoring the importance of adherence to the stipulated provisions.