Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment)

Overview

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 1986, issued under the authority of the Public Service Board, address the transition of responsibilities related to redeployment and retirement appeals from the Public Service Board to the Merit Protection and Review Agency, as mandated by the Merit Protection (Australian Government Employees) Act 1984. These amendments were necessary to align the existing regulations with the new framework established by the Merit Protection Act, which came into effect on 1 February 1986. The overarching objective is to ensure a seamless transfer of authority and to maintain consistent procedures for handling redeployment and retirement appeals within the Australian government's administrative structure. The amendments primarily focus on repealing and modifying existing regulations to reflect the new roles and responsibilities of the Agency, thereby maintaining the integrity and functionality of the appeals process.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 1986 applies to Commonwealth employees who are subject to redeployment or retirement procedures under the Commonwealth Employees (Redeployment and Retirement) Act 1979 (CE(RR) Act). The regulations amend the existing CE(RR) Regulations to reflect the transfer of responsibility for the establishment, constitution, and procedures of Redeployment and Retirement Appeal Committees (RRACs) from the Public Service Board to the Merit Protection and Review Agency, pursuant to the Merit Protection (Australian Government Employees) Act 1984. This change in responsibility aligns with the commencement of the Merit Protection Act on 1 February 1986, which also led to the repeal of the relevant provisions in the CE(RR) Act. The amendments made by these regulations include the substitution of references to "Tribunal" with "Committee", the repeal of certain regulations pertaining to CERRATs and their replacement with comparable provisions in the Merit Protection Regulations, and the adjustment of delegation provisions to reflect changes in the relevant authorities.

Key Provisions

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1986 No. 4 outlines amendments to the Commonwealth Employees (Redeployment and Retirement) Regulations, primarily to transfer responsibility from the Public Service Board to the Merit Protection and Review Agency as stipulated in the Merit Protection (Australian Government Employees) Act 1984. Regulation 1 specifies that the amended regulations come into operation on 1 February 1986, the same date as the commencement of the Merit Protection Act. Regulation 2 serves as a citation provision, clarifying the source of authority for the amendments. Regulation 3 modifies definitions within the CE(RR) Regulations to align with the new arrangements, reflecting the transfer of responsibilities. Regulation 4 updates references from 'Tribunal' (CERRAT) to 'Committee' (RRAC) in regulation 3, while paragraph 5(b) makes the same change in regulation 5. Paragraph 5(a) adjusts a cross-reference in regulation 5 to reflect future references to provisions in the Merit Protection Regulations. The amended regulations impose several obligations on the parties involved. Regulation 6 repeals regulations 7 to 12, which previously detailed the procedures of CERRATs, and inserts comparable provisions into the Merit Protection Regulations. Regulation 7 modifies a cross-reference in regulation 12B to align with future references to provisions in the Merit Protection Regulations. Regulation 8 repeals regulations 12C to 12H for the same reasons as outlined in regulation 6. Regulation 9 repeals Division 3 of Part II (regulations 12J to 21), also due to the transfer of responsibilities. Regulation 10 formally amends regulation 21A, while regulation 11 repeals regulation 22, which dealt with the service of documents on employees, now governed by section 28A of the Acts Interpretation Act 1901. Regulations 12 and 13 amend regulations 23 and 24 to broaden the delegation of powers and functions to certain persons, in line with section 25 of the CE(RR) Act. The amended regulations introduce changes that effectively transfer the establishment, constitution, and procedures of Redeployment and Retirement Appeal Committees from the Public Service Board to the Merit Protection and Review Agency. This transition is aligned with the new legislative framework established by the Merit Protection (Australian Government Employees) Act 1984. The regulations do not explicitly outline specific offences, penalties, or consequences for breach, but the changes reflect a shift in responsibilities and procedural updates. The implications of non-compliance with these updated procedures would likely fall under the broader legislative framework and administrative oversight of the Merit Protection and Review Agency.