EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 296
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 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 -
‘(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 regulation inserts the Aboriginal Development Commission, 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 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) 2004, issued with the authority of the Public Service Board, addresses the need to include additional entities within the scope of the Commonwealth Employees (Redeployment and Retirement) Act 1979. This Act governs the redeployment and retirement of officers and employees under the Public Service Act and staff of prescribed Commonwealth authorities. The regulations amend the list of prescribed Commonwealth authorities by adding the Aboriginal Development Commission, which meets the criteria for inclusion as it is a body established for a public purpose and employs staff on its own behalf. The policy objective is to ensure that relevant authorities are appropriately captured under the Act, facilitating the application of its provisions to a broader range of public sector entities.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) applies to officers and employees under the Public Service Act, as well as to staff of prescribed Commonwealth authorities. This includes bodies corporate incorporated for a public purpose by an Act, regulations made under an Act or a law of a Territory (excluding the Northern Territory) that employ staff on their own behalf. Notably, the amendment specifically includes the Aboriginal Development Commission in the list of prescribed Commonwealth authorities for the purposes of the Act, as the Commission has provided written consent to this declaration. The geographic reach of this legislation is national, encompassing various entities across Australia. The Act does not explicitly state exclusions or exemptions, and its application is further defined and potentially extended through subordinate instruments made under the authority of the Public Service Board, as per the provisions of sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979.
Key Provisions
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) primarily focus on expanding the scope of the Act by incorporating new entities into the list of prescribed Commonwealth authorities. Specifically, section 3(1) of the Act defines what constitutes a 'prescribed Commonwealth authority' and section 3(3) outlines the requirement for the authority or body to consent to being declared as such. This amendment adds the Aboriginal Development Commission to this list, recognising its status as a body established for a public purpose by an Act and employing staff on its own behalf, who has given written consent to this declaration.
Under these regulations, prescribed Commonwealth authorities are now required to comply with the provisions of the Commonwealth Employees (Redeployment and Retirement) Act 1979, similar to other officers and employees under the Public Service Act. This means they must adhere to the redeployment and retirement rules set out in the Act, ensuring a consistent application of these policies across various Commonwealth authorities.
The regulations impose several obligations on the parties involved, including the requirement for prescribed Commonwealth authorities to inform the Minister in writing if they consent to being declared as such. This ensures that only those authorities that have explicitly agreed to be governed by the Act are subject to its provisions. Additionally, these authorities must ensure their staff are aware of and comply with the redeployment and retirement policies outlined in the Act.
Breach of the provisions set out in the Act or the regulations could lead to various consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is implied that non-compliance with the Act's redeployment and retirement policies could result in administrative or legal actions. The severity of these consequences may depend on the nature and extent of the breach, potentially leading to disciplinary actions against the employees or the authorities involved.