EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 3
MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS
Issued with the authority of the Public Service Board
Sub-section 85(1) of the Merit Protection (Australian Government Employees) Act 1984 (“the Act”) provides, inter alia, that the Governor-General may make regulations prescribing all matters which are required or permitted to be prescribed or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Subdivision D of Division 2 of Part II of the Act provides for the establishment of Redeployment and Retirement Appeal Committees (RRACs).
Paragraphs 23(1)(b) and (c) provide for regulations to be made prescribing the procedure for the nomination of members of RRACs to represent the Department, Commonwealth authority or Public Service Board as relevant (paragraph (b)) and employees (paragraph (c)). Paragraphs 85(2)(h) and (j) provide for regulations prescribing the procedures of RRACs and the taking of evidence respectively.
The responsibility for RRACs (formerly called Commonwealth Employees Redeployment and Retirement Appeal Tribunals) was previously vested in the Public Service Board by the Commonwealth Employees (Redeployment and Retirement) Act 1979 (CE(RR) Act). With the proclamation of Subdivision D of Division 2 of Part II of the Act and the simultaneous amendment of relevant provisions of the CE(RR) Act, the Merit Protection and Review Agency (“the Agency”) will became responsible for the administration of RRACs.
Details of the regulations are set out below.
Regulation 1 provides for the commencement of the regulations on 1 February 1986.
Regulation 2 is a citation provision.
Regulation 3 amends definitions in the current Merit Protection (Australian Government Employment) Regulations (“Merit Protection Regulations”).
Regulations 4 to 6 are formal provisions. Paragraphs (a) and (b) of regulation 7 are formal. Paragraph 7(c) adds sub-regulation (3) to regulation 8 of the Merit Protection Regulations. This provision, which was inadvertently
omitted when regulation 8 was made, concerns the appropriate staff organization to nominate a member of a Re-appointment Review Committee (these Committees, like RRACs, are provided for in the Act and Merit Protection Regulations).
Regulations 8 to 10 are formal provisions.
Regulation 11 adds Parts V (Redeployment and Retirement Appeal Committees) and VI (Miscellaneous) to the Merit Protection Regulations.
Part V, which comprises regulations 25 to 49, deals with management and employees’ representatives on RRACs and the procedures of RRACs, including the taking of evidence. These provisions read in similar terms to the existing Commonwealth Employees (Redeployment and Retirement) Regulations, which have been repealed.
Part VI, which comprises regulations 50 and 51, inserts delegation powers for the Agency, the Public Service Board and Secretaries of Departments.