Public Service (Parliamentary Offices) Regulations (Amendment)

Overview

The Statutory Rules 1976 No. 2, made under the Public Service Act 1922-1975, address the need for clearer regulation of the hours of duty for parliamentary officers. Enacted by the Administrator of the Government of Australia, these regulations were made on the advice of the Executive Council and the recommendation of the President of the Senate and the Speaker of the House of Representatives. The primary objective of these regulations is to provide a structured framework for determining the normal hours of duty for officers based on their specific categories, as recommended by the Parliamentary Head on the advice of the Permanent Head. This legislative instrument aims to enhance clarity and consistency in defining duty hours for parliamentary officers, ensuring that their working hours are transparent and aligned with their designated categories.

Scope and Application

The Statutory Rules 1976 No. 2, made under the Public Service Act 1922-1975, specifically amend the Public Service (Parliamentary Officers) Regulations, introducing new categories for the normal hours of duty for parliamentary officers. These regulations apply to parliamentary officers who fall into one of four specified categories based on their normal hours of duty. These categories range from 32½ hours per week in a non-sessional week and 42 hours per week in a sessional week for category 1 officers, down to 40 hours per week for category 4 officers. The regulations are designed to provide clarity and specificity regarding the working hours of parliamentary officers, ensuring that their duties are well-defined. The amendments do not explicitly state exclusions or exemptions, and the scope of these regulations is limited to the hours of duty for parliamentary officers within the Commonwealth of Australia. The regulations are not intended to extend beyond the specified categories and hours of duty, thus not requiring further elaboration through subordinate instruments.

Key Provisions

The Regulations under the Public Service Act 1922-1975 (C1976L00002) primarily focus on amending the Public Service (Parliamentary Officers) Regulations to establish and regulate the hours of duty for parliamentary officers. Regulation 7a (1) introduces a new provision that sets the normal hours of duty for officers, determined by the Parliamentary Head based on the recommendation of the Permanent Head, either for a specific officer or for a class of officers (section 7a). Regulation 7a (2) specifies four categories of hours of duty, ranging from 32½ hours per week in a non-sessional week and 42 hours per week in a sessional week, up to 40 hours per week (section 7a). The obligations and requirements imposed by these Regulations include ensuring that the hours of duty for parliamentary officers are clearly defined and communicated. The Parliamentary Head, in consultation with the Permanent Head, must direct the applicable category of hours of duty for each officer or class of officers (section 7a). Additionally, the Regulations require that the categories of hours of duty specified in regulation 7a (2) are adhered to, ensuring that the working hours for officers are consistently applied and transparent. The Regulations do not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the stipulated hours of duty could potentially lead to disciplinary actions under the broader Public Service Act 1922-1975, including possible termination of employment or other administrative penalties. The exact consequences would depend on the internal policies and disciplinary frameworks in place within the parliamentary service.