Public Service Amendment Regulations 1999 (No. 1)

Overview

The Public Service Amendment Regulations 1999 (No. 1) were enacted to address the need for differentiated regulatory frameworks within the Australian Public Service (APS) that could accommodate the unique roles and responsibilities of parliamentary departments. The 1999 regulations amend the Public Service Act 1922 to ensure that certain reforms introduced by the Public Service Regulations (Amendment - Interim Reforms) do not apply to parliamentary departments. Instead, specific amendments to the Public Service (Parliamentary Officers) Regulations cater to the distinct needs of these departments, ensuring they reflect the parliamentary context rather than the general APS framework. The regulations were issued by the Governor-General under the authority of the Prime Minister, aiming to provide parliamentary departments with greater flexibility in staffing, particularly in appointing Aboriginal and Torres Strait Islander people, while also excluding certain former employees from mobility rights previously afforded under the Act.

Scope and Application

The Public Service Amendment Regulations 1999 (No. 1) apply to the parliamentary departments, extending the Public Service Regulations (Amendment - Interim Reforms) to these departments with specific exclusions. These regulations are designed to provide parliamentary departments with greater flexibility in staffing, particularly in appointing Aboriginal and Torres Strait Islander people. However, they do not apply to the APS Values, APS Code of Conduct, APS Whistleblowing Procedures, and State of the Service reporting, which are addressed separately in the Public Service (Parliamentary Officers) Regulations. The regulations also exclude future appointees to Commonwealth offices and bodies who were previously employed by the parliamentary departments from certain mobility rights previously conferred by the Act. Additionally, the regulations remove obsolete provisions, such as those relating to terms and conditions of employment now covered by awards or determinations. The application of these regulations is geographically and jurisdictionally confined to the Commonwealth, impacting the operations and administrative structure of parliamentary departments across Australia. The commencement of these regulations is effective from the date of their gazettal, ensuring immediate applicability.

Key Provisions

The Public Service Amendment Regulations 1999 (No. 1) (the Regulations) primarily modify the existing Public Service Regulations to ensure that certain provisions do not apply to parliamentary departments. Regulation 3 amends the Public Service Regulations to exclude parliamentary departments from Part 1A, which includes the APS Values, APS Code of Conduct, and APS Whistleblowing Procedures. Regulation 4 further amends the Public Service Regulations (Amendment Interim Reforms) to ensure that these interim reforms do not apply to parliamentary departments. The Regulations impose specific obligations on parliamentary departments by excluding them from the application of certain provisions of the Public Service Regulations, including the APS Values, APS Code of Conduct, and APS Whistleblowing Procedures. These departments must adhere to the amended regulations, which focus on areas such as staffing, mobility provisions, and obsolete terms and conditions of employment. The Act does not specify particular offences, penalties, or consequences for breaching the Regulations. However, non-compliance with the Public Service Act 1922 or its regulations may result in disciplinary action, including potential dismissal, in accordance with the provisions of the Act and relevant employment conditions. The precise consequences for non-compliance would depend on the specific nature of the breach and the internal policies of the parliamentary departments.