EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO 221
MEMBERS OF PARLIAMENT (STAFF) REGULATIONS
Issued with the authority of the Public Service Board
Section 33 of the Members of Parliament (Staff) Act 1984 (Act No 64 of 1984), assented to on 25 June 1984, (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 33 came into operation on 20 July 1984 as the result of a Proclamation made on 18 July 1984. (Executive Council Minute No 1984/42).
Part V of the Act makes provision for the establishment and constitution of Re-integration Assessment Committees. Officers of the Australian Public Service engaged by Ministers or office-holders upon their return to duties in the Service, will be able to apply to a Re-integration Assessment Committee which will determine an appropriate classification for the officer having regard to the office held by the officer in the Service before being employed under the Act, the duration and nature of the officer’s employment under the Act and any other relevant matter.
Sub-section 27(1) of the Act provides for a Re-integration Assessment Committee to consist of a Chairman nominated by the Board (in practice, a Promotions Appeal Committee Chairman), a person nominated by the Board and a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation or, in the absence of such a nomination, nominated in such other manner as the regulations provide.
Regulation 4 provides that the appropriate organisation for the purpose of paragraph 27(1)(c) is the registered staff organisation to which the applicant is entitled to belong. Where there is more than one such organisation, the appropriate organisation will be the staff organisation with the largest membership among officers of the applicant’s classification.
Regulation 2 provides that the regulations are to come into operation on 1 September 1984. 1 September has been fixed as the day on which Parts III, IV and V of the Act come into operation.
Regulations 1 and 3 provide for the citation of the regulations and an interpretation provision.
Overview
The Members of Parliament (Staff) Regulations 1984 were enacted to provide detailed operational guidelines for the Members of Parliament (Staff) Act 1984. This Act was assented to on 25 June 1984 and came into effect on 20 July 1984. The primary objective of the Act, as stated in the explanatory statement, is to facilitate the reintegration of Australian Public Service officers who return to their duties after being engaged by Ministers or office-holders. The Regulations, issued under the authority of the Public Service Board, aim to establish the necessary framework for the formation and function of Re-integration Assessment Committees, which will determine the appropriate classification for officers returning to the Australian Public Service. These committees are tasked with considering the officer’s previous position, the duration and nature of their employment under the Act, and any other relevant factors. The Regulations came into operation on 1 September 1984, aligning with the commencement date for certain parts of the Act.
Scope and Application
The Members of Parliament (Staff) Regulations 1984, issued under the authority of the Public Service Board, provide the necessary details for the implementation of the Members of Parliament (Staff) Act 1984. The Act primarily applies to officers of the Australian Public Service who are engaged by Ministers or office-holders and subsequently return to their duties within the Service. These regulations are instrumental in establishing the procedures and criteria for re-integration assessment, ensuring that officers are appropriately classified based on their prior office, the duration and nature of their employment, and other relevant factors. The regulations also detail the composition and nomination process for Re-integration Assessment Committees, which are crucial in determining the classification of returning officers. The scope of the Act and its regulations is confined to the Commonwealth level, with specific provisions for the nomination of committee members and the identification of the appropriate staff organisation for representation purposes. The regulations came into effect on 1 September 1984, aligning with the operational commencement of Parts III, IV, and V of the Act.
Key Provisions
The Members of Parliament (Staff) Regulations 1984 (the Regulations) implement certain provisions of the Members of Parliament (Staff) Act 1984 (the Act). They provide detailed rules for the operation of the Act, particularly concerning the establishment and constitution of Re-integration Assessment Committees (section 27(1)). According to section 27(1) of the Act, these committees must consist of a Chairman, typically a Promotions Appeal Committee Chairman, nominated by the Board, another person nominated by the Board, and a third person nominated either by the organisation that is the appropriate organisation for the applicant or in another manner as provided by the regulations (section 27(1)(c)). Regulation 4 clarifies that the appropriate organisation is the registered staff organisation to which the applicant is entitled to belong, or if there are multiple such organisations, the one with the largest membership among officers of the applicant’s classification.
The Regulations impose several obligations on the parties involved, including the requirement for the Board to nominate two members of the Re-integration Assessment Committee, and the obligation on the appropriate organisation to nominate a member (section 27(1)). It is also the responsibility of the appropriate organisation to ensure that the nominated member is appropriately qualified and capable of representing the interests of the applicant. Furthermore, these committees must operate in accordance with the procedures and criteria set out in the Act and the Regulations, ensuring that all decisions are made fairly and transparently.
Breaches of the provisions outlined in the Act and Regulations can lead to various consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the Act or the Regulations could result in legal repercussions. This may include disciplinary action against individuals, administrative penalties for organisations, or other consequences as prescribed by law. Given the nature of the Act and Regulations, serious breaches might also carry criminal penalties, although the exact nature and severity of these penalties are not specified in the provided text. It is advisable for parties to adhere strictly to the stipulated provisions to avoid any potential legal or administrative issues.