Public Service Amendment Regulations 1999 (No. 2)

Overview

The Public Service Amendment Regulations 1999 (No. 2), issued under the authority of the Prime Minister, were enacted to address an inconsistency in the application of Equal Employment Opportunity (EEO) provisions within the Australian Public Service (APS). Specifically, these regulations aim to refine the scope of EEO regulations by removing certain non-APS Commonwealth authorities from the purview of the Public Service Act 1992, which previously included them under section 22B. The Public Service Amendment Regulations 1999 (No. 2) remove all non-APS authorities from the application of the APS Equal Employment Opportunity provisions. This change is largely due to the introduction of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, which now governs EEO provisions for most non-APS Commonwealth authorities, making the previous regulations redundant. The policy objective here is to streamline EEO governance by aligning regulatory oversight with the current legislative framework.

Scope and Application

The Public Service Amendment Regulations 1999 (No. 2) pertain to the regulation of Equal Employment Opportunity (EEO) provisions within the Australian Public Service (APS) and certain non-APS Commonwealth authorities. The Act applies to the APS and extends to certain non-APS authorities as specified in Schedule 1AA of the Public Service Regulations. The regulatory change, which involves the removal of all non-APS authorities from the application of the APS EEO provisions, is predicated on the fact that the majority of these authorities are already subject to EEO requirements under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. This Act mandates that Commonwealth authorities, including non-APS entities, must promote EEO for specific groups including women, Indigenous Australians, people from non-English speaking backgrounds, and people with disabilities. As these authorities have consented to be excluded from the APS EEO provisions, the regulations omit Regulation 70AA and Schedule 1AA, thereby streamlining the application of EEO regulations across Commonwealth authorities. The regulations are issued under the authority of the Governor-General and commence upon gazettal.

Key Provisions

The Public Service Amendment Regulations 1999 (No. 2) (Regulations) primarily aim to modify the application of the Equal Employment Opportunity (EEO) provisions within the Public Service Act 1922 (Act). Specifically, section 22B of the Act addresses EEO programs in the Australian Public Service (APS), and regulation 70AA extends this section's application to certain non-APS Commonwealth authorities. Regulation 1 names the regulations, while regulation 2 stipulates that they will commence on the date of gazettal. Regulation 3 provides for amendments to the Public Service Regulations, as detailed in Schedule 1. This schedule includes the omission of regulation 70AA and the removal of Schedule 1AA, which previously listed the non-APS authorities subject to the EEO provisions. The Regulations impose specific obligations on the parties and entities they govern by removing the application of the APS EEO provisions from certain non-APS Commonwealth authorities. Regulation 70AA, which was previously used to extend the EEO provisions to these authorities, is omitted, effectively altering the scope of the Act. The amendments also remove Schedule 1AA, which previously listed the non-APS authorities subject to the EEO provisions. This change means that these authorities are no longer required to implement EEO programs under the Public Service Act, aligning with the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 (EEO (CA) Act). The EEO (CA) Act, which was introduced in 1987, requires most Commonwealth authorities to promote EEO for women, Indigenous Australians, people from non-English speaking backgrounds, and people with disabilities. The Regulations also establish that the removal of these authorities from the EEO provisions is appropriate and has been consented to by the existing authorities. The Schedule 1AA, which was developed in 1984, has been updated to reflect the current legislative framework, particularly the introduction of the EEO (CA) Act, which now covers most non-APS Commonwealth authorities. This shift ensures that the EEO provisions are applied consistently across the relevant authorities. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations for breach of the amended provisions. However, non-compliance with the EEO (CA) Act, which now governs most of the non-APS authorities, could result in penalties under that Act. The EEO (CA) Act provides for enforcement and compliance mechanisms, including the ability to issue compliance notices, which can lead to penalties for non-compliance. The precise penalties under the EEO (CA) Act would depend on the nature and severity of the breach, as detailed in that specific legislation.