EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 28
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 (the Act) 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 1922 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 otherwise than under the Public Service Act 1922;’
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 Australia Council is a body corporate incorporated for a public purpose by the Australia Council Act 1975 and employs staff otherwise than under the Public Service Act 1922.
In accordance with sub-section 3(3) of the Act the General Manager of the Australia Council has written to the Minister Assisting the Prime Minister for Public Service Matters informing him that the Council has consented to being declared as a prescribed Commonwealth authority for the purposes of the Act.
The regulation inserted the Australia Council into the list of statutory authorities which the regulations declare to be “prescribed Commonwealth authorities” for the purposes of the Act so that staff of the Commission will be subject to the provisions of the Act.
Overview
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 2004 was introduced to address the need to extend the scope of the Commonwealth Employees (Redeployment and Retirement) Act 1979 to include additional prescribed Commonwealth authorities. This legislation, issued with the authority of the Public Service Board, aligns with the overarching objective of ensuring consistent application of redeployment and retirement policies across various Commonwealth entities. The policy objective behind these regulations is to maintain a streamlined approach to managing the workforce of different Commonwealth authorities, thereby facilitating effective human resource management and policy implementation.
The regulations amend the existing list of prescribed Commonwealth authorities to include the Australia Council, as consented to by its General Manager, thereby extending the application of the Act to the Council's staff. This amendment ensures that the provisions of the Commonwealth Employees (Redeployment and Retirement) Act 1979 apply uniformly to the staff of all included authorities, thus fostering a cohesive and equitable framework for employee management across different Commonwealth entities.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) apply to officers and employees under the Public Service Act 1922 and to staff of prescribed Commonwealth authorities. This includes the Australia Council, which has been declared a prescribed Commonwealth authority by these regulations. The Act extends its scope to entities established for public purposes and employing staff outside the Public Service Act 1922, contingent upon their written consent. This amendment ensures that the Australia Council's staff are subject to the Act's provisions, thus broadening the legislation's reach to include additional public sector bodies. Sub-section 29(1) of the Act empowers the Governor-General to make regulations that cover all matters required or permitted by the Act, thereby allowing for further specification and extension of its application through subordinate instruments.
Key Provisions
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) (No. 2) 2004, made under sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act), insert the Australia Council into the list of prescribed Commonwealth authorities (Schedule 1, item 1). This amendment means that the Australia Council and its staff are now subject to the Act, alongside other authorities and bodies defined under sub-section 3(1). These provisions ensure that the Act applies uniformly to various Commonwealth entities, regardless of how their staff are employed.
The Act imposes several obligations on prescribed Commonwealth authorities and their staff. For instance, it mandates that authorities such as the Australia Council must ensure compliance with redeployment and retirement provisions set out in the Act (section 5). This includes adhering to processes for redeploying employees within the public service, as well as handling retirements in a manner consistent with the Act’s requirements. Furthermore, the Act requires authorities to provide necessary support and resources to facilitate the effective implementation of these provisions (section 6).
Failure to comply with the Act’s requirements can lead to various consequences. While the Act itself does not explicitly detail offences or penalties, breaches of the regulations may result in administrative actions, including disciplinary measures against the authority or its staff. Additionally, non-compliance could potentially lead to civil or criminal liability depending on the nature and severity of the breach, although specific penalties are not outlined in the explanatory statement.
In summary, the amendment to the regulations designates the Australia Council as a prescribed Commonwealth authority under the Act, bringing its staff under the scope of the Act’s redeployment and retirement provisions. The Act imposes obligations on these authorities to ensure compliance with its provisions, and failure to meet these obligations may result in various administrative, civil, or criminal consequences.