Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment)

Overview

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1986 No. 5 were enacted to address the need for comprehensive regulatory coverage of Commonwealth authorities employing staff outside the Public Service Act 1922. This amendment responds to the specific requirement outlined in Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979, which empowers the Governor-General to make regulations necessary for the effective implementation of the Act. By inserting the Australian Dairy Corporation into the list of prescribed Commonwealth authorities, the regulation ensures that the staff of this corporation are subject to the provisions of the Act, thereby extending its regulatory scope. This amendment was made possible by the Australian Dairy Corporation's written consent, as mandated by Sub-section 3(3) of the Act, aligning with the policy objective of inclusive regulatory application across all relevant Commonwealth entities.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) applies to officers and employees under the Public Service Act 1922 and to staff of prescribed Commonwealth authorities, including entities such as the Australian Dairy Corporation that have consented to be declared as such for the purposes of the Act. The Act's provisions extend to the geographic and jurisdictional reach of the Commonwealth, thus encompassing a broad scope of individuals and entities employed by various Commonwealth authorities across Australia. The regulations, made under the authority of the Public Service Board, further specify and clarify the application of the Act by including additional prescribed Commonwealth authorities through subordinate instruments. These amendments ensure that the legislative intent is effectively implemented and that all relevant authorities and their staff are subject to the redeployment and retirement provisions stipulated by the Act.

Key Provisions

The primary operative sections of the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 2004 (No. 5) (the Regulations) involve the insertion of the Australian Dairy Corporation into the list of statutory authorities declared as prescribed Commonwealth authorities under section 3 of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act) (sections 1 and 2). This amendment ensures that staff of the Australian Dairy Corporation are subject to the provisions of the Act, which governs the redeployment and retirement of Commonwealth employees. The Act imposes several obligations on the parties it governs. Firstly, it requires the Public Service Board to make regulations for the purposes of carrying out or giving effect to the Act (section 29(1)). Furthermore, sub-section 3(3) of the Act stipulates that regulations cannot be made to declare an authority or body as a prescribed Commonwealth authority unless the authority or body has explicitly consented in writing to being so declared. This consent requirement ensures that any authority or body subject to the Act's provisions does so willingly and with their informed agreement. Additionally, the Australian Dairy Corporation has provided its written consent to being declared a prescribed Commonwealth authority, thus fulfilling the requirement under sub-section 3(3) of the Act. This consent is crucial for the amendment to be legally valid and enforceable, as it ensures the affected parties are aware of and agree to the regulations governing their employment conditions. The Regulations also address potential breaches and the associated penalties or consequences. While the specific penalties for non-compliance with the Act are not detailed in the Explanatory Statement, the Act generally includes provisions for both civil and criminal penalties for breaches. These could include fines, imprisonment, or other civil remedies, depending on the nature and severity of the breach. The maximum penalties are typically outlined in the relevant sections of the Act itself, but they may vary based on the specific circumstances of each case. In summary, the Regulations clarify the scope of the Act by including the Australian Dairy Corporation as a prescribed Commonwealth authority, thus extending the Act’s provisions to its employees. The obligations under the Act include the requirement for written consent from authorities or bodies before they can be declared as prescribed Commonwealth authorities. Any breach of the Act's provisions could result in both civil and criminal penalties, with the exact nature and severity of these penalties governed by the Act’s specific provisions.