EXPLANATORY STATEMENT
Statutory Rules No. 63
Issued by the authority of the Minister for Industrial Relations for and on behalf of the Prime Minister.
OMBUDSMAN REGULATIONS (AMENDMENT)
Authority
• Section 38 of the Ombudsman Act 1976 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
• Sub-section 24(2) of the Act provides that an Ombudsman shall be paid such allowances as are prescribed.
Background
Regulation 7 of the Ombudsman Regulations relies on the Public Service Regulations as the basis for allowances paid to the Ombudsman and Deputy Ombudsman but the Public Service Board and Statutory Authorities Amendment Act 1980 provided for replacement of a significant part of the Public Service Regulations by extending to the Public Service Board a power to make Determinations in this area. The Public Service Board is now effecting such replacement.
Amendment
The present amendment removes reference to the Public Service Regulations by repealing Regulation 7 and substituting a new Regulation 7 prescribing allowances to be paid
a) to the Ombudsman - equivalent to those for an officer of the First Division of the Australian Public Service;
b) to a Deputy Ombudsman - equivalent to those for an officer of the Second Division of the Australian Public Service.