ELIZABETH R
ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:
TO ALL to whom these Presents shall come,
GREETING:
WHEREAS by Letters Patent dated 18 October 1989 We instituted a medal designated and styled the Public Service Medal and ordained that the award of that Medal was to be governed by Regulations, to be known as the Public Service Medal Regulations, set out in the Schedule to those Letters Patent:
AND WHEREAS it is desirable that certain amendments be made to those Regulations:
KNOW YOU that We do by these Presents declare Our pleasure that those Regulations be amended, but without prejudice to anything lawfully done under those Letters Patent, as set out in the Schedule:
IN WITNESS whereof We have caused these Our Letters to be made Patent.
GIVEN under the Great Seal of Australia at Our Court at St James’s on 16 March 1995
By Her Majesty’s Command,
PAUL KEATING
Prime Minister
Schedule
Amendments to the Public Service Medal Regulations
1. Regulation 2 is amended by omitting the definition of "State" and substituting the following definition:
“ ‘State’ includes the Australian Capital Territory, the Northern Territory and the Territory of Norfolk Island.”.
2. Regulation 3 is amended by omitting “33” and substituting “30”.
3. Regulation 3 is further amended by inserting before “Northern Territory” in the table in subregulation (3):
“Australian Capital Territory 3”.
4. Regulation 4 is amended by inserting after paragraph (3) (b) the following paragraph:
“(ba) in the case of service with the Australian Capital Territory or in an office or position remunerated by or on behalf of the Territory—the Chief Minister of that Territory or a Minister of that Territory acting for and on behalf of the Chief Minister; or”.
Overview
The Public Service Medal Regulations, 1995, amend the original regulations established by Letters Patent dated 18 October 1989, which instituted the Public Service Medal. This legislation was enacted to ensure that the regulations governing the award of the medal reflect current administrative structures and definitions, particularly in relation to Australian territories. The purpose of these amendments was to update the definition of "State" to include the Australian Capital Territory, the Northern Territory, and the Territory of Norfolk Island, and to adjust certain numerical values and authorities associated with the medal's award criteria. The enacting body was Queen Elizabeth II, acting on the advice of the Australian Government, and the policy objective was to align the regulations with contemporary governance frameworks.
Scope and Application
The C2010Q00076 Act pertains to amendments to the Public Service Medal Regulations instituted by Letters Patent on 18 October 1989. The Act applies to the award of the Public Service Medal, with the scope of its application now including the Australian Capital Territory, the Northern Territory, and the Territory of Norfolk Island. This expansion of the geographic jurisdiction ensures that public servants in these territories are eligible for the same recognition as those in other Australian states. The amendment adjusts the threshold for the number of years of service required for the award from 33 to 30 years, and modifies the authority responsible for making recommendations for the award in the Australian Capital Territory, specifying that such recommendations must come from the Chief Minister or a Minister acting on their behalf. These changes extend the application of the regulations to encompass the revised territories and modify the eligibility criteria and processes for awarding the medal, without affecting any actions lawfully taken under the original Letters Patent.
Key Provisions
The main operative sections of the amendment to the Public Service Medal Regulations (C2010Q00076) involve the adjustment of definitions and numerical values within the existing regulations. Regulation 2 now includes a new definition for the term "State," which now encompasses the Australian Capital Territory, the Northern Territory, and the Territory of Norfolk Island (Schedule, Amendment 1). Regulation 3 has been amended to change the numerical value from "33" to "30" and to insert a new entry for the Australian Capital Territory in the table under subregulation (3), assigning it a value of "3" (Schedule, Amendments 2 and 3). Furthermore, Regulation 4 has been updated to include a new paragraph (ba), which specifies the approval authority for service with the Australian Capital Territory or positions remunerated by or on behalf of the Territory, assigning this responsibility to the Chief Minister or a Minister acting on their behalf (Schedule, Amendment 4).
The obligations and requirements imposed by these amendments are primarily administrative and procedural. The amendment to Regulation 2 ensures that the term "State" is clearly and comprehensively defined, thereby clarifying the scope of jurisdictions eligible for the Public Service Medal. The modification of Regulation 3 likely reflects a reassessment of the qualifying service periods or conditions for medal eligibility, necessitating an update to the numerical values. The insertion into Regulation 4 introduces a new layer of oversight and approval, requiring the involvement of the Chief Minister or a designated Minister for the Australian Capital Territory in the award process. These changes aim to maintain the integrity and relevance of the award criteria, ensuring they are applicable to the current administrative landscape of Australian territories.
Failure to comply with the provisions of the amended Public Service Medal Regulations could result in various legal consequences. Although the specific offences, penalties, or consequences are not detailed in the provided text, it can be inferred that non-compliance might lead to administrative penalties or legal challenges. Given the nature of the Public Service Medal, breaches could potentially undermine the credibility of the award process, leading to disciplinary actions against the involved parties. The exact penalties would depend on the severity of the breach and the discretion of the relevant authorities in enforcing the regulations. In the context of public service awards, the emphasis is often on maintaining the honour and integrity of the recognition process, thereby suggesting that penalties for non-compliance could be significant.