Public Service Amendment Regulations 1999 (No. 3)

Overview

The Public Service Amendment Regulations 1999 (No. 3) were enacted to amend the Public Service Regulations under the Public Service Act 1922. The primary aim of these regulations was to update the scope of certain employments that are included or excluded from the "mobility provisions" of Part IV of the Public Service Act 1922, which pertain to the rights of Australian Public Service (APS) officers who are employed by the Commonwealth outside the provisions of the Act in certain public offices or by non-Commonwealth public authorities. These amendments were necessitated by the passage of new and amending legislation since March 1998, which had potentially created new authorities or offices that would otherwise fall within the scope of Part IV of the Act. The regulations were issued by the authority of the Prime Minister and sought to correct some omissions from the earlier regulations. The Regulations specifically address the definitions of "Commonwealth authority," "Commonwealth office," and "public authority" as provided in the Public Service Act 1922. They update Regulation 169A and Schedule 1G of the Public Service Regulations to declare certain bodies as not being Commonwealth authorities for the purposes of Part IV of the Act, and Regulation 171 and Schedule 3 to declare certain offices or appointments as not being Commonwealth offices for the purposes of Part IV. The regulations also reorder existing items in Schedules 1G and 3, include a third column specifying the date on which the specified authorities or offices ceased to be Commonwealth authorities or Commonwealth offices, and insert new entries to account for new authorities and offices created since March 1998. Additionally, some authorities and offices that are no longer relevant, or were incorrectly omitted from the earlier amendments, are deleted or included respectively.

Scope and Application

The Public Service Amendment Regulations 1999 (No. 3) primarily apply to officers of the Australian Public Service (APS) who transition to employment outside the Commonwealth in certain public offices or by certain non-Commonwealth public authorities. These officers, upon moving to such positions, may still retain specific rights under the mobility provisions of the Public Service Act 1922, which permit them to return to the APS. The scope of these mobility provisions is governed by the Public Service Regulations, which are updated by these regulations to reflect changes in legislation since the earlier amendments in March 1998. The regulations aim to exclude certain new authorities and offices from the mobility provisions, thereby clarifying which positions are covered under the Act. The amendments also rectify some oversights from the previous regulations and ensure the scope of the Act remains current and accurate. The regulations apply nationally across Australia, as they pertain to the Australian Public Service and its officers, wherever they are employed within or outside the Commonwealth.

Key Provisions

The Public Service Amendment Regulations 1999 (No. 3) amends the Public Service Regulations to update the regulations concerning the "mobility provisions" of Part IV of the Public Service Act 1922. These provisions deal with the rights of Australian Public Service (APS) officers who are employed by the Commonwealth outside the Act in certain public offices or by certain non-Commonwealth public authorities, and their right to return to the APS. The Regulations update earlier amendments to the Public Service Regulations made by Statutory Rule No. 23 of 1998 to account for the passage of new and amending legislation since March 1998 which may have created new authorities or offices which would otherwise fall within the scope of Part IV of the Act. The Regulations also correct some omissions from the earlier regulations. The Regulations impose obligations on the parties or entities they govern by providing for the Public Service Regulations to be amended as specified in Schedule 1 of the Regulations. The Regulations declare certain bodies not to be Commonwealth authorities for the purposes of Part IV of the Act in accordance with the definition of "Commonwealth authority" in subsection 87(1) of the Act. The Regulations also declare certain offices or appointments not to be Commonwealth offices for the purposes of Part IV of the Act in accordance with the definition of "Commonwealth office" in subsection 87(1) of the Act. The Regulations also provide for the substitution of new Schedules 1G and 3 in the Public Service Regulations to reorder existing items and include new entries to take account of new authorities or offices created since the amendments of March 1998, and to delete some authorities or offices which are no longer relevant or were incorrectly omitted from the amendments of March 1998. The Regulations do not impose any specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the Regulations may result in an APS officer being denied the right to return to the APS under the mobility provisions of Part IV of the Act. The Regulations are made under the authority of section 97(1) of the Public Service Act 1922 and are subject to disallowance by resolution of either House of the Parliament.