EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 380
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.
Subdivisions C, E and F of Division 2 of Part II of the Act provide for the establishment of Disciplinary Appeal Committees (DACs), Re-appointment Review Committees (RRCs) and Reintegration Assessment Committees (RACs) respectively. (Details of these are given in the explanatory memorandum annexed to accompanying Minute No. 19.)
Paragraphs 17(1)(c), 28(1)(c) and 33(c) provide for regulations to be made prescribing the procedure for the nomination of one of the members of three-member DACs, RRCs and RACs respectively.
Paragraphs 85(2)(d) to (g) prescribe further procedures and other matters in relation to DACs.
The responsibility for DACs, RRCs and RACs has hitherto been vested in the Public Service Board by the Public Service Act 1922 (PS Act) in the case of the first and second types of Committees and by the Members of Parliament (Staff) Act 1984 (MOPS Act) in the case of the third. With the proclamation of Subdivisions C, E and F of Division 2 of Part II of the Act and the simultaneous repeal of relevant provisions of the PS Act and MOPS Act (see Executive Council Minutes Nos. 19 and PSB 1985/41), the Merit Protection and Review Agency (the Agency) will become responsible for administration of the Committees.
Details of the regulations are set out below.
Regulation 1 provides for the commencement of the regulations on 1 January 1986.
Regulation 2 inserts the heading ‘Part I - Preliminary’ into the Regulations.
Regulations 3 makes a formal amendment to regulation 3 of the Regulations.
Regulation 4 inserts the heading ‘Part II - Promotion Appeal Committees’ into the Regulations.
Regulation 5 inserts new Parts III and IV into the Merit Protection (Australian Government Employees) Regulations.
Part III comprises proposed regulations 8 and 9 which deal with the prescription of the appropriate staff organisation to nominate a person to be a member of a RRC and RAC respectively.
Part IV comprises proposed regulations 10 to 24, which deal with:
• the meaning of terms used in the Part (r.10);
• the selection of the officers’ representative on DACs (r.11);
• procedures in relation to disciplinary appeals or requests for review (rr. 12 and 13);
• powers of a Chairman of a DAC (r.14);
• evidence, hearings and witnesses (rr.15-19);
• representation of parties (r.20);
• protection of members of DACs, witnesses, etc. (r.21);
• notification of findings of a DAC (r.22); and
• costs (rr.23-24).
These regulations read in similar terms to the Public Service Regulations that are being simultanteously repealed, with appropriate changes being made to certain terms (e.g. ‘Public Service Board’ being changed to ‘Agency’ or ‘Director’ (of the Agency) where appropriate).
The proposed regulations are to come into operation on 1 January 1986. They are therefore made in reliance on s.4 of the Acts Interpretation Act 1901, which provides that, where an Act has
not yet come into operation (see Minute No. 19), regulations may be made as if the Act had commenced, but the regulations shall not take effect until the Act commences.
Overview
The Merit Protection (Australian Government Employees) Regulations 1985 were enacted to provide for the administration of Disciplinary Appeal Committees (DACs), Re-appointment Review Committees (RRCs), and Reintegration Assessment Committees (RACs), as established by the Merit Protection (Australian Government Employees) Act 1984. This Act was introduced to address the need for a structured and fair process for handling disciplinary matters, re-appointments, and reintegration of Australian government employees. The regulations were issued under the authority of the Public Service Board and are designed to implement the provisions of the Act, ensuring that these committees operate efficiently and effectively. The primary objective of these regulations is to prescribe procedures and other necessary matters to facilitate the operation of DACs, RRCs, and RACs, thereby ensuring that the rights of employees are protected while maintaining the integrity of the public service.
Scope and Application
The Merit Protection (Australian Government Employees) Regulations 1985 provide the procedural framework for the administration of Disciplinary Appeal Committees (DACs), Re-appointment Review Committees (RRCs), and Reintegration Assessment Committees (RACs) as established under the Merit Protection (Australian Government Employees) Act 1984. These regulations apply to Australian government employees and officials, governing the conduct and processes related to disciplinary matters, re-appointments, and reintegration within the public service. The Act and its regulations have a national reach within Australia, as they pertain to federal government employees. The regulations stipulate procedures for the nomination and selection of committee members, the conduct of hearings, the handling of evidence, and the protection of parties involved. The scope of these regulations extends to providing detailed guidelines on the powers of committee chairs, the representation of parties, and the notification of committee findings, among other things. Certain exclusions and thresholds may apply, particularly in relation to the specific categories of employees and the types of cases that these committees are empowered to address. The regulations also clarify that the Merit Protection and Review Agency will assume responsibility for the administration of these committees, replacing the Public Service Board and the Members of Parliament (Staff) Act 1984.
Key Provisions
The Merit Protection (Australian Government Employees) Regulations 1985 (the Regulations) provide detailed procedures and requirements for the operation of Disciplinary Appeal Committees (DACs), Re-appointment Review Committees (RRCs), and Reintegration Assessment Committees (RACs), as stipulated under the Merit Protection (Australian Government Employees) Act 1984 (the Act). Regulation 1 specifies that these regulations will commence on 1 January 1986, aligning with the date of operation of the Act. Regulation 2 introduces the heading "Part I - Preliminary" into the Regulations, while Regulation 3 formally amends Regulation 3 of the Regulations. Regulation 4 introduces the heading "Part II - Promotion Appeal Committees" and Regulations 5 insert new Parts III and IV into the Merit Protection (Australian Government Employees) Regulations. Part III includes proposed regulations 8 and 9, which outline the procedure for nominating members of RRCs and RACs respectively, specifying the appropriate staff organisation responsible for these nominations. Part IV, comprising regulations 10 to 24, provides detailed procedures for DACs, including the meaning of terms used (r.10), selection of officers' representatives (r.11), procedures for disciplinary appeals or requests for review (rr.12 and 13), powers of a DAC Chairman (r.14), evidence, hearings, and witnesses (rr.15-19), representation of parties (r.20), protection of DAC members and witnesses (r.21), notification of DAC findings (r.22), and costs (rr.23-24).
The Regulations impose several obligations and requirements on the parties involved. For instance, the appropriate staff organisation must follow the prescribed procedures when nominating members to DACs, RRCs, and RACs. The officers' representatives must be selected in accordance with the guidelines provided. The procedures for disciplinary appeals or requests for review must be adhered to, ensuring that all hearings and evidence are handled appropriately. The Chairman of a DAC must exercise their powers in accordance with the regulations, and all parties involved must be provided with adequate representation. The protection of DAC members and witnesses is also mandated, and findings must be notified as per the specified procedures. Furthermore, the regulations outline the costs associated with the proceedings, ensuring transparency and accountability.
Failure to comply with the provisions of the Act and the Regulations may result in civil or criminal consequences. Although the specific offences and penalties are not detailed in the text provided, it is reasonable to infer that breaches of the Act and Regulations could lead to legal actions, including fines or other penalties as prescribed by law. The maximum penalties, if specified, would be determined by the relevant judicial authorities in accordance with the legal framework governing the Act and Regulations. It is essential for all parties to understand and comply with these provisions to avoid any potential legal repercussions.