EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 4
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (“CE(RR) Act”) enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed.
The CE(RR) Act and the Commonwealth Employees (Redeployment and Retirement) Regulations (“CE(RR) Regulations”) have hitherto made provision relating to the establishment, constitution and procedures of Commonwealth Employees Redeployment and Retirement Appeals Tribunals (CERRATs). Under the Merit Protection (Australian Government Employees) Act 1984 (“Merit Protection Act”) the Merit Protection and Review Agency (“the Agency”) is to have responsibility for the establishment, constitution and procedures of Redeployment and Retirement Appeal Committees (RRACs) (as they are henceforth to be described).
1 February 1986 has been fixed by Proclamation as the day on which the provisions of the Merit Protection Act relating to RRACs came into operation, and on which provisions of the CE(RR) Act relating to CERRATs were repealed.
To enable the transfer of responsibility from the Public Service Board to the Agency it was necessary for provisions in the CE(RR) Regulations relating to CERRATs to be repealed or amended. Comparable provisions were included in the Merit Protection (Australian Government Employees) Regulations (“Merit Protection Regulations”) made under the Merit Protection Act.
Details of the amendments to the CE(RR) Regulations are set out below.
Regulation 1 provides for the regulations to come into operation on 1 February 1986.
Regulation 2 is a citation provision.
Regulation 3 amends definitions in the CE(RR) Regulations consequential to the new arrangements outlined above.
Regulation 4 changes references to ‘Tribunal’ (i.e. CERRAT) to ‘Committee’ (i.e. RRAC) in regulation 3 of the CE(RR) Regulations. Paragraph 5(b) effects the same substitutions in regulation 5 of the CE(RR) Regulations.
Paragraph 5(a) alters a cross-reference in regulation 5 of the CE(RR) Regulations to what will in future be a reference to a provision in the Merit Protection Regulations.
Regulation 6 repeals regulations 7 to 12 of the CE(RR) Regulations. The repealed regulations deal with the procedures of CERRATs, and similarly worded regulations (referring to RRACs) are simultaneously being inserted in the Merit Protection Regulations.
Regulation 7 alters a cross-reference in regulation 12B of the CE(RR) Regulations to what will in future be a reference to a provision in the Merit Protection Regulations.
Regulation 8 repeals regulations 12C to 12H of the CE(RR) Regulations for the same reason as that outlined in regulation 6 above.
Regulation 9 repeals Division 3 of Part II (regulations 12J to 21) of the CE(RR) Regulations, also for the same reason.
Regulation 10 makes formal amendments to regulation 21A of the CE(RR) Regulations.
Regulation 11 repeals regulation 22 of the CE(RR) Regulations. The latter regulation deals with the service of documents on employees, and it is being repealed because that matter is now provided for by section 28A of the Acts Interpretation Act 1901.
Regulations 12 and 13 amend regulations 23 and 24 of the CE(RR) Regulations, which deal with delegation of powers by the Director of the Agency, and by the Public Service Board or a departmental Secretary, respectively. The provisions are broadened from the delegation of powers to certain persons to the delegation to those persons of powers and functions. This is consistent with the delegation provisions in section 25 of the CE(RR) Act.