EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Seafarers Rehabilitation and Compensation LevyPublic Service Act 19992
Public Service Classification Amendment Rules 2006 (No. 1 ) (the Rules)
[Background Information]
The Public Service Act 1999 (the Act) regulates the employment of the Australian Public Service (APS).
Section 23(1) of the Act provides that the Public Service Minister may, by notice in the Gazette, make rules about classifications of APS employees.
Section 78(3) of the Act provides that the Public Service Minister may in writing delegate to a senior official any of the Public Service Minister’s their powers or functions under section 23 of the Act. The Aauthority to make the Rrules about classifications of APS employees has been delegated to the Secretary of the Department of Employment and Workplace Relations. in accordance with this provision.
Subsection 7(1) of the Levy Act provides that the Governor-General may make regulations prescribing the rate of the levy. The Seafarers Rehabilitation and Compensation Levy Regulations 2002 currently prescribe a levy rate of $53 per seafarer berth.
The Public Service Classification Amendment Rules 2006 (No. 1) (the Rules) Rules… [what do the rules actually do] amend Schedule 1 to the Public Service Classification Rules 2000 (the Principal Rules) by removing references to Protective Service classifications in Schedule 1 to the Principal Rules and by substituting references to the Department of Primary Industries and Energy (DPIE) with references to the Department of Agriculture, Fisheries and Forestry (DAFF). The amendments give effect to various machinery of government changes.
The references to Protective Service Classifications have been removed because they are obsolete as the Australian Protective Service is no longer an APS agency.
The references to DPIE have been replaced with DAFF to reflect the change in departmental acronym arising from the Administrative Arrangements Orders of 21 October 1998 which abolished the DPIE and created DAFF.
TheIn accordance with the requirements of subsection 7(2) of the Levy Act the Minister for Employment and Workplace Relations (the Minister) has consulted with the Seacare Authority. The Seacare Authority is a representative body comprising both employer and employee representatives. The Minister is satisfied that the Fund has adequate financial reserves for the purposes of its prudential management. The Seacare Authority advises that, in January 2006, the balance of the Safety Net Fund exceeded $846,000. As this is the upper target reserve recommended by actuaries as necessary to meet the Fund's present and estimated future liabilities under the Seafarers Act, the Seacare Authority has advises that a reduced levy of $35 per seafarer berth would be sufficient to meet the Funds administration costs.
Australian Public Service Commission has been consulted in relation to the amendments to the Principal Rules and supports the amendments.
The Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Rules commence on 1 July 2006.