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.
Overview
The Merit Protection (Australian Government Employees) Regulations 1986 were enacted to provide detailed procedural rules for the operation of Redeployment and Retirement Appeal Committees (RRACs) within the Australian government, as required by the Merit Protection (Australian Government Employees) Act 1984. The Act was introduced by the Parliament of Australia to address the need for a structured and fair process for resolving disputes related to redeployment and retirement of government employees. The explanatory statement for the regulations clarifies that the Public Service Board was previously responsible for these committees, but their administration is now transferred to the Merit Protection and Review Agency, as stipulated by the Act. These regulations serve to fill procedural gaps and ensure that the administration of RRACs aligns with the legislative framework set by the Act, providing clear guidelines for the nomination of members, the conduct of hearings, and the taking of evidence.
Scope and Application
The Merit Protection (Australian Government Employees) Regulations 1986 apply to the administration of Redeployment and Retirement Appeal Committees (RRACs), which are established under the Merit Protection (Australian Government Employees) Act 1984. These regulations govern the nomination process for members of RRACs, representing both the Department, Commonwealth authority or Public Service Board, as well as employees, and specify the procedures for these committees, including the taking of evidence. The geographic and jurisdictional reach of these regulations is confined to the Commonwealth of Australia, affecting Australian Government employees and the entities involved in their merit protection. The Act and its subordinate regulations do not explicitly state exclusions or thresholds, but they are generally applicable to the relevant personnel and processes within the Australian government framework. The regulations may extend or restrict application through subordinate instruments as deemed necessary by the Governor-General under the Act.
Key Provisions
The Merit Protection (Australian Government Employees) Regulations (1986) primarily concern the establishment, composition, and procedures of Redeployment and Retirement Appeal Committees (RRACs). Regulation 11 introduces Parts V and VI into the Merit Protection Regulations, which detail the management and employees' representatives on RRACs, and the procedures that these committees must follow, including the taking of evidence. These provisions (regulations 25 to 49) largely mirror the existing Commonwealth Employees (Redeployment and Retirement) Regulations, which have been repealed.
The regulations impose specific obligations on the Merit Protection and Review Agency (the Agency), the Public Service Board, Secretaries of Departments, and employees of the Australian government. For instance, the Agency is responsible for administering the RRACs and ensuring that the members are appropriately nominated (regulation 25). The Public Service Board and the Secretaries of Departments have roles in nominating members to represent the Department, Commonwealth authority, or the Public Service Board, as relevant (regulation 26). Employees are entitled to nominate representatives to participate in RRAC proceedings (regulation 28). These obligations ensure that RRACs function effectively and fairly.
Failure to comply with the regulations can lead to legal consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, breaches of the regulations governing the operation of RRACs may result in civil or criminal liability. The maximum penalties for such breaches would be determined by the relevant statutes and case law, but they could include fines or other penalties as prescribed by law. It is important for all parties involved to adhere strictly to the regulations to avoid any legal repercussions.