EXPLANATORY STATEMENT
STATUTORY RULES 1982. NO. 405
Public Service Act 1922
Public Service (Parliamentary Officers) Regulations Amendment
Issued by the authority of the Minister of State for Finance
Senator the Honourable Dame Margaret Guilfoyle, D.B.E.
The purpose of these regulations is to update the study provisions contained in Public Service (Parliamentary Officers) Regulations to take account of recent amendments to directly equivalent provisions in the Public Service Regulations.
The details of the regulations are as follows:-
Regulation 1 - Repeals regulation 3 which provided for the Regulations to be divided into Parts.
Regulation 2 - Amends sub-regulation 4(1) to correct the citation of the Public Service Act 1922 in the definition of “the Act”.
Regulation 3 - Amends regulation 6 so that the general requirements for making applications will be expressed to be subject to the regulations as a whole. This is a consequential amendment to regulation 70F which makes specific provision for making applications.
Regulation 4 - Repeals regulation 37B and 37C and substitutes a new regulation 37B. Regulations 37B and 37C dealt with leave of absence to officers and employees undergoing courses of study and short courses of instruction, respectively. These regulations set out the purposes for which leave can be granted, the circumstances in which leave can be granted and the period of leave which can be granted. In accordance with amendments to the Public Service Regulations made by Statutory Rules 1981 No. 35 following on from a new scheme of leave provisions provided by the Public Service Act Amendment Act 1978, the new regulation 37B sets out the purposes for which leave can be granted and the maximum period of leave. Other matters dealt with by the repealed regulations, such as the circumstances in which leave can be granted, will be dealt with by determination.
Regulation 5 - Repeals regulations 70E-70K and replaces them with a new set of provisions which are in accordance with Public Service Regulations as provided for in Statutory Rules 1980 No. 403. Repealed regulations 70E-70K dealt with interpretation of studies assistance and with fees reimbursement. The regulations enable officers to apply to the Permanent Head to be approved as students who are entitled to the reimbursement of fees paid by them. Fees are reimbursed provided that a certain number of subjects have been passed in the particular year and that conduct, diligence and efficiency have been satisfactory. Provision has also been made to effect the deferment of reimbursement in the case of probationers until their appointment is confirmed. Further, scholarship holders are not eligible for reimbursement of fees if the terms of the scholarship so provide. Provision is made so that officers may appeal to the Parliamentary Head against decisions of the Permanent Head in connection with fees reimbursement.
The features of the revised scheme are as follows:
• the criteria currently apply to departmental support for second and higher degrees and courses at educational institutions will now also apply to first course applications. Thus, applications for assistance with first degree or diploma courses will be considered on the basis of departmental and Service needs, duties and probable career paths;
• Temporary employees would be eligible to apply for fees reimbursement provided that the studies are directly relevant to departmental needs.
• Staff will be encouraged to consider specific non-award studies. This will facilitate refresher and other studies not readily accommodated under the existing arrangements.
• Tuition and examination fees will be reimbursed on completion of at least one approved subject, or in special circumstances, where less than one subject has been undertaken or completed; and
• tuition fees levied by private institutions will be reimbursed to the extent of the tuition fees which would be payable at public institutions offering similar studies.
Regulation 6 - Is a transitional provision and is in accordance with the Public Service Board transitional provision contained in Statutory Rules 1980 No. 403.
Overview
The Public Service (Parliamentary Officers) Regulations Amendment (No. 2) 1982 was enacted to update the study provisions contained within the Public Service (Parliamentary Officers) Regulations to align with recent amendments to the Public Service Regulations. This update was necessary to ensure consistency and relevance of the provisions, particularly in light of the changes introduced by the Public Service Act Amendment Act 1978 and subsequent statutory rules. The objective of these amendments is to streamline the application process for study leave and fees reimbursement, ensuring that the criteria and provisions are aligned with the broader public service framework and meet the evolving needs of parliamentary officers. These regulations were issued under the authority of the Minister of State for Finance and aim to provide a coherent and efficient framework for the study-related provisions applicable to parliamentary officers.
Scope and Application
The Public Service (Parliamentary Officers) Regulations Amendment aims to update the study provisions for officers and employees within the parliamentary service, aligning them with recent amendments to the Public Service Regulations. These regulations apply to officers and employees who seek study leave or reimbursement of fees for their educational pursuits, encompassing both full-time and temporary staff, as long as their studies are relevant to their departmental needs. The regulations extend to the Commonwealth jurisdiction, governing the conduct and transactions related to study leave and fees reimbursement for parliamentary officers. Certain exclusions and specific conditions are outlined, such as the ineligibility of scholarship holders for fees reimbursement under certain terms of their scholarship. The amendments also introduce provisions for the deferment of reimbursement for probationers until their appointments are confirmed, and encourage the consideration of non-award studies that might not fit within existing arrangements. These regulations are subject to further detail and interpretation through determinations and subordinate instruments, which provide the means to address the specific circumstances in which leave can be granted and other related matters.
Key Provisions
The Public Service (Parliamentary Officers) Regulations Amendment (SR 1982 No. 405) brings forth several key provisions, updating and aligning the study provisions with recent amendments in the Public Service Regulations. Regulation 1 repeals the previous regulation 3, which had divided the regulations into Parts. Regulation 2 corrects a citation error in the definition of “the Act” found in sub-regulation 4(1). Regulation 3 modifies regulation 6 to ensure that general application requirements are subject to the regulations as a whole, aligning with the specific application provisions outlined in regulation 70F. Regulation 4 repeals regulations 37B and 37C and introduces a new regulation 37B, which specifies the purposes for which leave can be granted and the maximum period of leave, while deferring other details to future determinations. Regulation 5 replaces regulations 70E-70K with new provisions in line with the Public Service Regulations, governing the interpretation of studies assistance and fees reimbursement, including criteria for approval as students, conditions for reimbursement, and provisions for deferment and appeal. Finally, Regulation 6 serves as a transitional provision, in accordance with the Public Service Board's transitional arrangements.
The obligations and requirements imposed by these regulations extend to parliamentary officers who seek study assistance and leave. Officers must apply to the Permanent Head for approval as students, ensuring their applications meet the criteria for departmental support and service needs. Temporary employees must demonstrate the direct relevance of their studies to departmental needs to be eligible for fees reimbursement. Additionally, officers are encouraged to consider specific non-award studies that align with their career paths and departmental requirements. Reimbursement of tuition and examination fees will be contingent upon the completion of at least one approved subject, with special provisions for exceptional circumstances. Moreover, tuition fees from private institutions will be reimbursed up to the amount that would be charged by public institutions offering similar studies.
Failure to comply with these regulations may result in penalties and consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of the Public Service Act 1922 or its associated regulations could lead to civil or criminal consequences, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined by the courts, taking into account the specific provisions of the Act and the nature of the violation.