Ombudsman Regulations (Amendment)

Overview

The Ombudsman Regulations (Amendment) Statutory Rules No. 63, issued in 1996 by the authority of the Minister for Industrial Relations on behalf of the Prime Minister, aim to align the allowances for the Ombudsman and Deputy Ombudsman with the current remuneration structures within the Australian Public Service. This amendment addresses the gap caused by the Public Service Board and Statutory Authorities Amendment Act 1980, which altered the Public Service Regulations that previously served as the basis for such allowances. By repealing Regulation 7 and substituting it with a new regulation, the amended rules ensure that the allowances paid to the Ombudsman and Deputy Ombudsman are now equivalent to those for an officer of the First Division and Second Division of the Australian Public Service respectively, thereby maintaining consistency with contemporary public service standards. The objective of this regulatory amendment is to ensure that the allowances for the Ombudsman and Deputy Ombudsman are appropriately aligned with the prevailing remuneration structures within the Australian Public Service, thereby reflecting the roles and responsibilities they hold. The enacting body, the Parliament, intends to uphold the integrity and efficacy of the Ombudsman's office by providing a fair and competitive compensation package, which is necessary for attracting and retaining qualified individuals to these important positions.

Scope and Application

The Ombudsman Regulations (Amendment) Statutory Rules, issued under the authority of the Minister for Industrial Relations and on behalf of the Prime Minister, amend the existing Ombudsman Regulations to adjust the allowances paid to the Ombudsman and Deputy Ombudsman. These regulations are made under Section 38 of the Ombudsman Act 1976, which empowers the Governor-General to create regulations necessary for the implementation and enforcement of the Act. This amendment specifically addresses the allowances prescribed under Sub-section 24(2) of the Act, which previously referenced the Public Service Regulations but now directly prescribes the allowances. The new Regulation 7 aligns the allowances for the Ombudsman with those for an officer of the First Division of the Australian Public Service and those for the Deputy Ombudsman with those for an officer of the Second Division of the Australian Public Service. This change effectively removes the previous reliance on the Public Service Regulations, which have been largely replaced by Determinations made under the Public Service Board and Statutory Authorities Amendment Act 1980. These regulations apply nationally across Australia, impacting the remuneration of the Ombudsman and Deputy Ombudsman within the Commonwealth jurisdiction.

Key Provisions

The main operative sections of the Ombudsman Regulations (Amendment) Statutory Rules 1996 (F1996B02114) concern the allowances prescribed for the Ombudsman and Deputy Ombudsman. Under section 38 of the Ombudsman Act 1976, the Governor-General can make regulations that are necessary or convenient for carrying out the Act. This authority is exercised in Regulation 7, which now prescribes the allowances to be paid to the Ombudsman and Deputy Ombudsman. Specifically, Regulation 7(a) mandates that the Ombudsman is to be paid an allowance equivalent to that of an officer in the First Division of the Australian Public Service, while Regulation 7(b) stipulates that a Deputy Ombudsman shall receive an allowance equivalent to that of an officer in the Second Division of the Australian Public Service. The Act imposes certain obligations on the parties it governs. Primarily, it requires the Ombudsman and Deputy Ombudsman to accept the allowances as prescribed by the amended Regulation 7. This change in regulation ensures that the allowances are clearly defined and no longer rely on external regulations, such as the Public Service Regulations, which have been partially replaced by Determinations made by the Public Service Board under the Public Service Board and Statutory Authorities Amendment Act 1980. This amendment aims to provide clarity and directness in the allowances prescribed for the Ombudsman and Deputy Ombudsman, aligning them with the Australian Public Service officer structure. Any breach of the provisions contained within the Ombudsman Regulations (Amendment) Statutory Rules 1996 would not necessarily constitute a criminal offence or result in specific penalties as outlined within the text. However, failure to adhere to the prescribed allowances could lead to administrative consequences or disputes regarding the remuneration of the Ombudsman and Deputy Ombudsman. The primary focus of these regulations is to ensure that the allowances are clearly defined and consistently applied, rather than to impose punitive measures for non-compliance.