EXPLANATORY STATEMENT
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT)
REGULATIONS (AMENDMENT)
STATUTORY RULES 1982 NO 391
Issued with the Authority of the Public Service Board
Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed.
The Act applies to officers and employees under the Public Service Act 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 -
‘(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory (other than the Northern Territory), being an authority or body employing staff on its own behalf;’
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 proposed regulation inserts the Institute of Family Studies, a body established for a public purpose by an Act, into the list of statutory authorities which the regulations declare to be ‘prescribed Commonwealth authorities’ for the purposes of the Act. The Institute employs staff on its own behalf and has informed the Minister in writing of its consent to being declared.
Overview
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No 391, enacted under the authority of the Public Service Board, is an amendment to the Commonwealth Employees (Redeployment and Retirement) Act 1979. This Act was enacted to ensure that regulations could be made prescribing matters required or permitted by the Act, specifically addressing officers and employees under the Public Service Act and staff of prescribed Commonwealth authorities. The amendment to the regulations aims to incorporate the Institute of Family Studies, which is established for a public purpose and employs staff on its own behalf, into the list of prescribed Commonwealth authorities. This inclusion was made following the Institute’s written consent to being so declared, in accordance with the stipulations of the Act. The policy objective behind these regulations is to streamline the process of defining and incorporating relevant authorities to ensure comprehensive coverage and effective administration under the Act.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No. 391 amends the existing framework for the regulation of redeployment and retirement for officers and employees under the Public Service Act, as well as staff of prescribed Commonwealth authorities. The Act applies to a broad range of personnel within entities established for public purposes, such as the Institute of Family Studies, which has been newly included in the list of prescribed Commonwealth authorities after providing written consent. This amendment extends the geographic and jurisdictional reach of the Act to cover additional authorities, ensuring that the regulations now apply to a more comprehensive set of Commonwealth entities. Notably, the Act does not extend to the Northern Territory, reflecting its specific jurisdictional boundaries. Sub-section 29(1) of the Act empowers the Governor-General to make further regulations as necessary, allowing for the continued evolution and refinement of the legislative framework through subordinate instruments.
Key Provisions
The Explanatory Statement details the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No 391, which amends existing regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979. The main operative sections of the amended regulations involve the addition of the Institute of Family Studies to the list of prescribed Commonwealth authorities (section 3). This inclusion means the Act's provisions now apply to employees of the Institute. By including the Institute, the regulations aim to ensure consistency in the treatment of staff across different Commonwealth authorities, particularly concerning redeployment and retirement policies.
The amendments impose certain obligations and requirements on the parties governed by the Act. Primarily, these obligations involve the Institute of Family Studies ensuring compliance with the Act's provisions. This includes adhering to the redeployment and retirement policies as stipulated in the Act and its regulations. Furthermore, the Institute must ensure its staff are informed about their rights and obligations under the Act. This requirement ensures transparency and fairness in the treatment of employees, aligning the Institute's practices with those of other prescribed Commonwealth authorities.
Breaching the provisions of the Act or its regulations can lead to various consequences. The Act does not explicitly detail specific offences, penalties, or civil/criminal consequences within the Explanatory Statement. However, under the broader framework of the Public Service Act 1999, breaches could result in disciplinary action against employees, financial penalties, or other legal remedies. The severity of these consequences would depend on the nature and extent of the breach. For instance, serious misconduct or non-compliance could lead to termination of employment or other significant penalties as prescribed by the Act or relevant regulations.