EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 215
Issued by authority of the Minister for Employment and Workplace Relations
Public Service Act 1999
Public Service Amendment Regulations 2007 (No. 1)
Subsection 79(1) of the Public Service Act 1999 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 20 of the Act provides Agency Heads, on behalf of the Commonwealth, with all the rights, duties and powers of an employer in respect of APS employees in the Agency.
Division 3.1 of the Public Service Regulations 1999 (the Principal Regulations) prescribes a range of matters with respect to the employer powers of Agency Heads in relation to APS employees. In exercising their employer powers, Agency Heads must notify certain decisions in the Gazette – regulation 3.12 sets out most of these decisions. These include engagements, movements, promotions and terminations of employment of employees. There are various provisions in the Principal Regulations which contain references to the Gazette.
The purpose of the amending Regulations is to enable matters covered by the Principal Regulations to be notified only in an electronic version of the Gazette, rather than a paper version of the Gazette as is currently necessary. While there is no specific legislative requirement for a paper Gazette, this has been the historically accepted means of publication. The amending Regulations ensure that there is no doubt that publication of the matters required by the Principal Regulations in the new electronic Gazette satisfies the legal requirement for Gazette notification.
Each Thursday, the Australian Public Service Commission publishes the Australian Public Service Gazette (APS Gazette), which includes the range of matters required to be gazetted under the Principal Regulations. The bulk of the APS Gazette contains job vacancies and promotions. For some years the APS Gazette material has also been available electronically at the www.psgazette.gov.au website. This electronic version of the APS Gazette has been redeveloped and the new website will operate from 9 August 2007 as part of the APSjobs portal which will also be launched on that day.
There has been a substantial decline in the utilisation of the paper-based APS Gazette, with only a very small number of subscribers now (mostly Commonwealth agencies). The electronic version is available on-line and provides better access for individuals, and is the overwhelming form of accessing the information. The publication of the paper-based APS Gazette will cease after the 2 August 2007 issue, so as to coincide with the implementation of the new version of the electronic APS Gazette, on 9 August 2007. A commencement date of 8 August 2007 ensures it is clear cut that no paper version is needed from 9 August 2007. This will not affect the publication of various other paper Gazettes produced by other Australian Government agencies. There are also provisions in the Act which require gazettal of some matters (such as statutory office holder terms and conditions) and these will continue to be published in a paper Gazette administered by the Attorney-General’s Department.
In addition to amendments to the Principal Regulations, the Public Service Commissioner’s Directions 1999 have been amended to refer to the electronic APS Employment Gazette as these also contain various references to the APS Gazette, including the requirements for notifying job vacancies.
The Regulations are a legislative instrument for the purposes for the Legislative Instruments Act 2003.
Details of the amending Regulations are set out in the Attachment.
Consultation: All APS agencies were advised that it was intended to discontinue the paper APS Gazette. No agency has raised issues.
ATTACHMENT
Details of the Public Service Amendment Regulations 2007 (No. 1)
Regulation 1 names the Regulations as the Public Service Amendment Regulations 2007 (No. 1).
Regulation 2 provides that the Regulations will commence on 8 August 2007.
Regulation 3 provides that Schedule 1 amends the Public Service Regulations 1999 (the Principal Regulations).
Items 1 to 20 of Schedule 1, excluding item 2, substitute references to the ‘Gazette’ in the Principal Regulations with references to the ‘electronic APS Employment Gazette’. The amendments contain provisions to cater for gazettal of certain employment decisions prior to 8 August 2007.
Items 3 to 18 of Schedule 1 clarify that regulation 3.12 is the source of power to notify certain employment decisions, rather than the various provisions that make reference to such notifications. Items 1, 19 and 20 of Schedule 1 refer to the arrangements for gazettal of certain employment decisions prior to and after 8 August 2007.
Item 16 of Schedule 1 improves the drafting of regulation 3.12A in conjunction with amending the Gazette reference; there is no substantive change to the intent of the regulation.
Item 2 of Schedule 1 deletes regulation 3.7, which currently provides transitional arrangements to cater for the 1999 changes associated with the introduction of the current Act. There are no longer any APS employees subject to the provision.
Items 21 and 22 of Schedule 1 delete Note 2 to regulation 5.20 as it was considered unnecessary.
Items 23, 24 and 25 of Schedule 1 amend the Dictionary to the Principal Regulations by inserting a definition of electronic APS Employment Gazette. The date of effect of the Public Service Classification Rules 2000 has been updated, as these were amended with effect from 1 July 2006. In conjunction with the changes to the Principal Regulations, the Directions have also been amended by the Public Service Commissioner with effect from 8 August 2007, to also refer to the change to the electronic APS Employment Gazette. The Dictionary has been updated to refer to the planned amendments to the Directions.