Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment)

Overview

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1985 No. 15 were issued under the authority of the Public Service Board to amend existing regulations concerning the redeployment and retirement of Commonwealth employees. Enacted in 1985, these regulations were introduced to address the need for updating the list of prescribed Commonwealth authorities to which the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies. The objective of the policy is to ensure that the Act's provisions govern the redeployment and retirement of employees of statutory bodies established for public purposes but not under the Public Service Act 1922. The Australian Capital Territory Electricity Authority, established by an Act for public purposes and employing staff outside the Public Service Act, has consented to be included as a prescribed Commonwealth authority, thereby subjecting its staff to the Act's provisions.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 2004 pertains to officers and employees under the Public Service Act 1922, as well as staff of prescribed Commonwealth authorities. Specifically, the Act applies to those authorities or bodies that are declared by the regulations to be prescribed Commonwealth authorities, which include entities incorporated for a public purpose by an Act, regulations made under an Act, or a law of a Territory, provided they employ staff outside the scope of the Public Service Act 1922. Notably, the regulation explicitly includes the Australian Capital Territory Electricity Authority, ensuring its staff are subject to the Act's provisions. The amendment process necessitates that any authority or body must consent in writing to being declared as a prescribed Commonwealth authority, a requirement that the Australian Capital Territory Electricity Authority has fulfilled. This legislative amendment thus extends the Act's jurisdiction to encompass additional authorities, thereby broadening its applicability to more entities and their respective staff.

Key Provisions

The key provisions of the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) (No. 15 of 1985) revolve around the inclusion of the Australian Capital Territory Electricity Authority (ACTEA) as a prescribed Commonwealth authority. Section 3(1) of the Act identifies a prescribed Commonwealth authority as a body corporate established for a public purpose by an Act or regulations made under an Act or a law of a Territory (excluding the Northern Territory), which employs staff outside the Public Service Act 1922. The regulation under discussion specifically adds the ACTEA to this list (section 1(1)), ensuring that the staff of this authority are now subject to the provisions of the Act. The obligations imposed by this amendment are primarily administrative and procedural. Section 3(3) requires that any authority or body to be declared as a prescribed Commonwealth authority must provide written consent to the Minister. In this instance, the ACTEA has given its consent (section 1(2)), formalising its status under the Act. This consent ensures that the ACTEA's staff are now governed by the same redeployment and retirement provisions applicable to other Commonwealth authorities, facilitating consistency in the administration of employee matters across different entities. The regulations also detail the consequences for non-compliance with the Act's provisions. While the explanatory statement does not explicitly outline specific offences or penalties, breaches of the Act could potentially lead to legal actions under the broader framework of the Commonwealth Employees (Redeployment and Retirement) Act 1979. Given the nature of employment regulations, breaches might result in civil consequences such as compensation claims, or criminal penalties if the breach is deemed to be of a serious nature under relevant employment or administrative laws. However, the specific penalties would need to be referred to the primary Act for detailed understanding. In summary, the amendment to the regulations ensures that the ACTEA's staff are subject to the same redeployment and retirement provisions as other prescribed Commonwealth authorities. It sets out a clear administrative process for declaring authorities as prescribed, as evidenced by the ACTEA's consent, and implicitly ties into the broader regulatory framework that governs employee relations within Commonwealth entities.