Public Service and Statutory Authorities Amendment Act 1983

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A02809 In force Act

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Public Service and Statutory Authorities Amendment Act 1983

No. 92 of 1983

 

An Act to amend the Public Service Act 1922 and certain other Acts

[Assented to 22 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Public Service and Statutory Authorities Amendment Act 1983.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PART II—AMENDMENT OF THE PUBLIC SERVICE ACT

Principal Act

3. The Public Service Act 19221 is in this Part referred to as the Principal Act.


Repeal of sections 32a and 32b

4. Sections 32a and 32b of the Principal Act are repealed.

PART III—AMENDMENT OF THE COMMONWEALTH BANKS ACT

Principal Act

5. The Commonwealth Banks Act 19592 is in this Part referred to as the Principal Act.

Repeal of sections 89a and 89b

6. Sections 89a and 89b of the Principal Act are repealed.

PART IV—AMENDMENTS OF THE COMMONWEALTH TEACHING SERVICE ACT

Principal Act

7. The Commonwealth Teaching Service Act 19723 is in this Part referred to as the Principal Act.

Repeal of sections 23a and 23b

8. Sections 23a and 23b of the Principal Act are repealed.

Settlement of industrial disputes and determination of industrial matters in respect of the Service

9. Section 39 of the Principal Act is amended—

(a) by adding at the end of paragraph (2) (a) “or”; and

(b) by omitting paragraph (2) (aa).

PART V—AMENDMENT OF THE OVERSEAS TELECOMMUNICATIONS ACT

Principal Act

10. The Overseas Telecommunications Act 19464 is in this Part referred to as the Principal Act.

Repeal of sections 33aa and 33ab

11. Sections 33aa and 33ab of the Principal Act are repealed.

PART VI—AMENDMENTS OF THE POSTAL SERVICES ACT

Principal Act

12. The Postal Services Act 19755 is in this Part referred to as the Principal Act.


Repeal of sections 46a and 46b

13. Sections 46a and 46b of the Principal Act are repealed.

Settlement of industrial disputes and determination of industrial matters in respect of the Service

14. Section 70 of the Principal Act is amended—

(a) by adding at the end of paragraph (2) (a) “or”; and

(b) by omitting paragraph (2) (aa).

PART VII—AMENDMENTS OF THE TELECOMMUNICATIONS ACT

Principal Act

15. The Telecommunications Act 19756 is in this Part referred to as the Principal Act.

Repeal of sections 43a and 43b

16. Sections 43a and 43b of the Principal Act are repealed.

Settlement of industrial disputes and determination of industrial matters in respect of the Service

17. Section 67 of the Principal Act is amended—

(a) by adding at the end of paragraph (2) (a) “or”; and

(b) by omitting paragraph (2) (aa).

PART VIII—AMENDMENT OF THE SUPERANNUATION ACT 1976

Principal Act

18. The Superannuation Act 19767 is in this Part referred to as the Principal Act.

19. Section 16a of the Principal Act is repealed and the following section is substituted:

Eligible employees deprived of salary

“16a. Where—

(a) section 32a of the Public Service Act 1922 as in force at any time before the commencement of the Public Service and Statutory Authorities Amendment Act 1983 applied in relation to an eligible employee;

(b) a section of another Act that corresponded with the section of the Public Service Act 1922 referred to in paragraph (a) applied in relation to an eligible employee; or


(c) the terms and conditions of employment of an eligible employee have at any time included, or include, provisions that correspond with the provision made by the section of the Public Service Act 1922 referred to in paragraph (a),

this Act applies, and shall be deemed to have applied, to the employee as if any period during which he was or is deprived of salary under and in accordance with that section, or those provisions of his terms and conditions of employment, as the case may be, were a period during which he was on leave of absence without pay.”.

 

NOTES

1. No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80, 1977; No. 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; No. 61, 1981; Nos. 26, 80 and 111, 1982; and No. 39, 1983.

2. No. 5, 1959, as amended. For previous amendments, see No. 75, 1961; No. 3, 1962; No. 57, 1963; No. 132, 1965; No. 58, 1966; No. 93, 1966 (as amended by No. 3, 1967); No. 144, 1968; Nos. 18 and 117, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 81, 1974; Nos. 36 and 77, 1978; No. 177, 1980; and No. 29, 1981.

3. No. 13, 1972, as amended. For previous amendments, see No. 98, 1973 (as amended by No. 23, 1976); No. 216, 1973 (as amended by No. 20, 1974); No. 23, 1976; No. 26, 1977; No. 177, 1980; Nos. 5, 61 and 74, 1981; and No. 26, 1982.

4. No. 23, 1946, as amended. For previous amendments, see No. 69, 1952; No. 26, 1958; No. 85, 1963; No. 93, 1966 (as amended by No. 3, 1967); Nos. 31 and 139, 1968; No. 9, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; No. 37, 1976; No. 36, 1978; No. 19, 1979; No. 177, 1980; Nos. 61 and 115, 1981; Nos. 66 and 80, 1982; and No. 39, 1983.

5. No. 54, 1975, as amended. For previous amendments, see Nos. 36 and 170, 1978; No. 7, 1979; No. 177, 1980; Nos. 61 and 74, 1981; No. 80, 1982; and No. 39, 1983.

6. No. 55, 1975, as amended. For previous amendments, see No. 94, 1976; No. 160, 1977; Nos. 36 and 170, 1978; No. 115, 1979; No. 177, 1980; No. 61, 1981; No. 80, 1982; and No. 7, 1983.

7. No. 31, 1976, as amended. For previous amendments, see No. 51, 1976; No. 80, 1977; Nos. 17, 134, 169 and 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; and No. 92, 1981.

Overview

The Public Service and Statutory Authorities Amendment Act 1983 was enacted by the Commonwealth of Australia's Parliament to amend various Acts relating to public service, superannuation, and other statutory authorities. This Act primarily addresses issues by repealing certain sections of the Public Service Act 1922, the Commonwealth Banks Act 1959, the Commonwealth Teaching Service Act 1972, the Overseas Telecommunications Act 1946, the Postal Services Act 1975, the Telecommunications Act 1975, and the Superannuation Act 1976, as well as making amendments to provisions concerning the settlement of industrial disputes and determination of industrial matters within these Acts. The policy objective of the Act appears to be the modernisation and streamlining of statutory provisions to better align with contemporary administrative practices and industrial relations frameworks.

Scope and Application

The Public Service and Statutory Authorities Amendment Act 1983 applies to various Commonwealth Acts including the Public Service Act 1922, Commonwealth Banks Act 1959, Commonwealth Teaching Service Act 1972, Overseas Telecommunications Act 1946, Postal Services Act 1975, Telecommunications Act 1975, and Superannuation Act 1976. This Act primarily affects eligible employees within the Commonwealth public service and related entities, as well as those who were previously subject to sections now repealed. The amendments aim to streamline and update the provisions of these Acts, particularly concerning the settlement of industrial disputes and the determination of industrial matters within these services. The Act operates at the Commonwealth level, impacting federal public servants and entities directly governed by these Acts. Notably, the Act repeals specific sections in each referenced Act and amends provisions regarding the settlement of industrial disputes, indicating a focus on labour relations and service governance within the public sector. While the Act itself does not specify exclusions or exemptions, the repealed sections and amended provisions suggest a targeted reform of certain operational aspects within these statutory authorities. The scope of the Act is further extended through subordinate instruments that may flesh out the details of the amendments and their application.

Key Provisions

The Public Service and Statutory Authorities Amendment Act 1983 (the Act) amends and repeals various sections of several Acts, including the Public Service Act 1922, the Commonwealth Banks Act 1959, the Commonwealth Teaching Service Act 1972, the Overseas Telecommunications Act 1946, the Postal Services Act 1975, the Telecommunications Act 1975, and the Superannuation Act 1976. Specifically, sections 32a and 32b of the Public Service Act 1922, sections 89a and 89b of the Commonwealth Banks Act 1959, sections 23a and 23b of the Commonwealth Teaching Service Act 1972, sections 33aa and 33ab of the Overseas Telecommunications Act 1946, sections 46a and 46b of the Postal Services Act 1975, sections 43a and 43b of the Telecommunications Act 1975, and section 16a of the Superannuation Act 1976 are repealed. In addition, the Act amends sections 39, 70, and 67 of the Commonwealth Teaching Service Act 1972, the Postal Services Act 1975, and the Telecommunications Act 1975, respectively. The Act imposes obligations on public service employees and certain statutory authorities by repealing and amending sections of the Acts governing their employment conditions and industrial relations. The repealed sections previously dealt with salary deductions, leave without pay, and the resolution of industrial disputes. The amended sections modify the processes for resolving industrial disputes and determining industrial matters within the respective services. The Act does not explicitly state any criminal or civil penalties for non-compliance with its provisions. However, the repealed and amended sections previously carried penalties for breaches, and it is reasonable to assume that similar consequences may apply for non-compliance with the amended provisions. In general, failure to adhere to employment conditions and industrial relations laws can result in disciplinary action, legal disputes, or other consequences as outlined in the relevant Acts or employment agreements.

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Public Administration Law
Instrument
Amending Act
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Repeal & Amendment
Transitional Provisions
Definitions & Interpretation
Civil Penalty Provisions
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