EXPLANATORY STATEMENT
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND
RETIREMENT) REGULATIONS (AMENDMENT)
STATUTORY RULES 1982 NO 62
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 this Act, being -
‘(a) a body corporate incorporated, whether before or after the commencement of this Act, for a public purpose by an Act, regulations made under an Act or a law of a Territory (other than the Northern Territory), being a 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 Legal Aid Commission (A.C.T.), a body corporate incorporated for a public purpose by a law of the Australian Capital Territory, into the list of statutory authorities which the regulations declare to be “prescribed Commonwealth authorities” for the purposes of the Act. The Commission 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 62, issued with the authority of the Public Service Board, amend the regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979. This Act addresses the redeployment and retirement of officers and employees of the Commonwealth, as well as staff of prescribed Commonwealth authorities, by enabling the Governor-General to make regulations necessary for the implementation of the Act. The 1982 regulations specifically aim to include the Legal Aid Commission (A.C.T.) in the list of prescribed Commonwealth authorities, facilitating the application of the Act to its staff. The insertion of the Legal Aid Commission follows its written consent to being declared as a prescribed authority, as stipulated by the Act. This amendment ensures that the Legal Aid Commission, which employs staff on its own behalf and serves a public purpose, falls under the regulatory framework of the Act, thereby extending its provisions to this statutory authority.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No. 62, issued under the authority of the Public Service Board, extend the scope of the Commonwealth Employees (Redeployment and Retirement) Act 1979 by amending the regulations to include the Legal Aid Commission (A.C.T.) as a prescribed Commonwealth authority. The Act applies to officers and employees under the Public Service Act and to staff of prescribed Commonwealth authorities, which include bodies incorporated for a public purpose by an Act or law of a Territory, employing staff on their own behalf. The inclusion of the Legal Aid Commission (A.C.T.) in the regulations follows the specific requirement that any authority or body declared as a prescribed Commonwealth authority must consent in writing, a condition met by the Commission. This amendment does not alter the fundamental application of the Act but broadens its jurisdictional reach to encompass the Legal Aid Commission (A.C.T.) within its regulatory framework.
Key Provisions
The key provisions of the Explanatory Statement for the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1982 No 62 centre around the amendment of the existing regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979. According to sub-section 29(1) of the Act, the Governor-General has the authority to make regulations that detail all necessary or permitted matters. These regulations now include the Legal Aid Commission (A.C.T.) as a prescribed Commonwealth authority, pursuant to the addition stipulated in the proposed regulation. This insertion is governed by sub-section 3(1) and sub-section 3(3), which respectively define the criteria for a prescribed Commonwealth authority and stipulate the requirement for the authority or body to consent in writing to being so declared.
The Act imposes specific obligations and requirements on the parties it governs. These obligations are primarily concerned with the redeployment and retirement of officers and employees under the Public Service Act, as well as staff of prescribed Commonwealth authorities. The Act's definition of "prescribed Commonwealth authority" includes bodies incorporated for a public purpose by an Act, regulations made under an Act, or a law of a Territory, which employ staff on their own behalf. The amendment now includes the Legal Aid Commission (A.C.T.) within this definition, provided the Commission has explicitly consented to this inclusion in writing, as required by sub-section 3(3).
In terms of potential consequences for non-compliance, the Explanatory Statement does not explicitly outline offences or penalties related to the amendment itself. However, the broader regulatory framework under which these regulations operate could entail civil or criminal penalties for breaches. These penalties might include fines or imprisonment, depending on the nature and severity of the breach. The specific maximum penalties would be determined by the relevant sections of the Commonwealth Employees (Redeployment and Retirement) Act 1979 and any associated legislation that addresses compliance and enforcement.