Papua New Guinea Independence (Public Service) Regulations (Repeal)

Overview

The Papua New Guinea Independence (Public Service) Regulations (Repeal) 1995 No. 115, issued under the authority of the Minister for Foreign Affairs, aims to repeal the existing Papua New Guinea Independence (Public Service) Regulations enacted in 1976. The primary objective of this repeal is to address the outdated nature of these regulations and the inconsistencies they create in the Public Service Act 1922. Originally, these regulations were designed to facilitate the employment of Australian Public Service (APS) officers in the Papua New Guinea Public Service by inserting section 47DA into the Public Service Act. However, significant changes have occurred since the regulations were enacted, rendering them obsolete and potentially confusing, as the existing leave arrangements under the Public Service Act now sufficiently cover APS officers' employment in Papua New Guinea. The repeal will also effectively remove the outdated section 47DA from the Public Service Act, streamlining the legislative framework.

Scope and Application

The Papua New Guinea Independence (Public Service) Regulations (Repeal) 1995 No. 115, issued under the authority of the Minister for Foreign Affairs, aims to repeal the existing Papua New Guinea Independence (Public Service) Regulations enacted in 1976. These regulations were originally designed to modify the Public Service Act 1922 by inserting section 47DA, which facilitated the employment of Australian Public Service officers in the Papua New Guinea Public Service. However, the changing circumstances and the outdated nature of these regulations necessitate their repeal. The repeal will effectively remove section 47DA from the Public Service Act 1922, as the normal leave without pay arrangements now provide an adequate means for APS officers to undertake employment in Papua New Guinea for up to three years. This repeal addresses inconsistencies and potential confusions arising from the continued existence of section 47DA, ensuring that employment with Papua New Guinea is no longer treated as a special case. The regulations will commence upon gazette publication.

Key Provisions

The Papua New Guinea Independence (Public Service) Regulations (Repeal) 1995 No. 115 primarily aims to repeal the existing Papua New Guinea Independence (Public Service) Regulations enacted in 1976 (section 1). These regulations had previously inserted section 47DA into the Public Service Act 1922 to simplify the employment arrangements for Australian Public Service (APS) officers in the Papua New Guinea Public Service. However, due to significant changes in circumstances since their enactment, these regulations are now considered outdated and inconsistent with current practices (section 2). The repeal is necessary to remove section 47DA from the Public Service Act, as normal leave without pay arrangements under the Public Service Act now provide adequate means for APS officers to undertake employment in the Papua New Guinea Public Service for a maximum term of three years (section 3). Under the repealed regulations, the obligations on APS officers and the Australian Public Service were to follow specific procedures for employment in the Papua New Guinea Public Service. These obligations included adherence to the provisions set out in section 47DA of the Public Service Act 1922, which are no longer necessary due to the changes in the legislative landscape (section 4). The repeal of these regulations means that APS officers can now simply apply for normal leave without pay under the Public Service Act for such employment, without the need for the specific provisions of section 47DA (section 5). The repealing regulations clarify that there is no longer a need for a special case treatment for employment with Papua New Guinea, aligning the practices with general Public Service Act provisions. There are no specific offences or penalties outlined in the Papua New Guinea Independence (Public Service) Regulations (Repeal) 1995. Instead, the focus is on the administrative simplification and the removal of outdated regulations. However, any breaches of the Public Service Act 1922, such as not adhering to leave provisions or other public service regulations, could lead to disciplinary actions or other consequences as provided under the Public Service Act (section 6). The repealing regulations themselves do not impose additional penalties, but their aim is to ensure that the Public Service Act is applied uniformly and without the need for special provisions related to Papua New Guinea employment.