EXPLANATORY STATEMENT
Public Service Act 1999
Public Service Classification Rules Amendment Instrument 2013 (No. 1)
Subsection 23(1) of the Public Service Act 1999 (the PS Act) provides that the Public Service Minister may, by notice in the Gazette, make rules about classifications of APS employees.
Subsection 56(1) of the Legislative Instruments Act 2003 (the LI Act) provides that where particulars of the making of an instrument are required to be published in the Gazette, this requirement is taken to have been met by registration of the instrument on the Federal Register of Legislative Instruments.
Subsection 78(3) of the PS Act provides that the Public Service Minister may in writing delegate to a senior official any of the Public Service Minister’s powers or functions under section 23 of the PS Act. The authority to make rules about classifications of APS employees has been delegated to the Public Service Commissioner.
The Public Service Classification Rules 2000 (Classification Rules) were amended on 27 November 2012 by the Public Service Classification Rules Amendment Instrument 2012 (No. 1). The November 2012 amendments to the Classification Rules included minor drafting errors resulting in the unintended removal of the headings to Rules 5 and 8 of the Classification Rules.
The purpose of the present amendments is simply to restore the headings to Rules 5 and 8. This is effected by items 1 and 2 of Schedule 1.
No consultation was undertaken in respect of these amendments because they are of a minor or machinery nature and the purpose is simply to correct unintended drafting errors. The proposed changes do not have a regulatory impact on business or the not-for-profit sector and no further analysis (in terms of Regulatory Impact Statement) has been undertaken.
These rules are a legislative instrument for the purposes of the LI Act but are not subject to disallowance under section 42 of the LI Act.
The PS Act does not specify any conditions that must be satisfied before exercising the power to make rules under subsection 23(1).
These rules commence on the day after registration.
Overview
The Public Service Classification Rules Amendment Instrument 2013 (No. 1) amends the Public Service Classification Rules 2000 to correct minor drafting errors that inadvertently removed the headings from Rules 5 and 8. Enacted under the authority of the Public Service Act 1999, these amendments were made by the Public Service Minister and are registered on the Federal Register of Legislative Instruments as required by the Legislative Instruments Act 2003. Given the nature of the amendments, which are purely corrective and do not affect the regulatory landscape, no consultation or further regulatory analysis was deemed necessary. The amendments aim to restore the integrity of the Classification Rules without introducing any new policy objectives or impacting the broader public service framework. These rules, while constituting a legislative instrument, are not subject to disallowance under the relevant legislation.
Scope and Application
The Public Service Classification Rules Amendment Instrument 2013 (No. 1) pertains to the classification of Australian Public Service (APS) employees, amending the Public Service Classification Rules 2000. These rules are crafted under the authority granted by the Public Service Act 1999, with the power to make rules about APS employee classifications delegated to the Public Service Commissioner. The amendments are a response to minor drafting errors identified in the November 2012 amendments, which inadvertently removed the headings of Rules 5 and 8. The purpose of the current amendments is to restore these headings, ensuring the rules accurately reflect the intended legislative intent. This legislative instrument is registered on the Federal Register of Legislative Instruments, as per the requirements of the Legislative Instruments Act 2003, and while it is a legislative instrument, it is not subject to disallowance under section 42 of that Act. The amendments do not impact the business or not-for-profit sectors and have no regulatory implications, thus no further consultation or analysis was deemed necessary.
Key Provisions
The Public Service Classification Rules Amendment Instrument 2013 (No. 1) amends the Public Service Classification Rules 2000, primarily correcting minor drafting errors that occurred in the November 2012 amendments. Specifically, items 1 and 2 of Schedule 1 restore the headings to Rules 5 and 8, which were inadvertently removed in the earlier amendments. These changes are straightforward and aim to ensure the Classification Rules accurately reflect the intended legislative intent. The amendment does not introduce any new substantive changes to the rules governing APS employee classifications, but rather rectifies specific headings to maintain clarity and consistency within the rules.
The Public Service Classification Rules Amendment Instrument 2013 (No. 1) imposes certain obligations on the Public Service Minister and the Public Service Commissioner. The Public Service Minister retains the authority to make rules concerning the classifications of APS employees, as provided by subsection 23(1) of the Public Service Act 1999 (PS Act). However, this authority has been delegated to the Public Service Commissioner, who is responsible for implementing the rules as specified by the Act. The Commissioner must ensure that the Classification Rules are accurately reflected and maintained, including the correction of any inadvertent drafting errors that may arise. The obligation to publish these rules in the Gazette is fulfilled by their registration on the Federal Register of Legislative Instruments, in accordance with subsection 56(1) of the Legislative Instruments Act 2003 (LI Act).
Under the Public Service Classification Rules Amendment Instrument 2013 (No. 1), there are no new offences, penalties, or civil/criminal consequences introduced by the amendments. The changes are purely corrective and do not affect the regulatory landscape or impose additional burdens on businesses or the not-for-profit sector. As these amendments are minor and relate to the correction of drafting errors, they do not necessitate a Regulatory Impact Statement. The rules are considered legislative instruments for the purposes of the LI Act but are not subject to disallowance under section 42 of the LI Act. The primary consequence of non-compliance would be the continued operation of incorrect or misleading rules, potentially leading to administrative confusion or misinterpretation of the intended legislative framework.