EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 54
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (‘the Act’) provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to amend those regulations.
These statutory rules inserted a new regulation 33G into the Public Service Regulations and included a reference to regulation 33G in regulation 33.
The new regulation 33G confers a power upon the Director of the Grievance and Appeals Bureau to delegate any or all of his powers and functions under regulations 33D and 33E to the Deputy Director of that Bureau. Those powers and functions relate to the investigation of personal grievances which have been raised by officers of the Service, and were vested solely in the Director of the Bureau by the regulations.
This power of delegation has been inserted to assist in the efficient administration of the Bureau and to facilitate the investigation of grievances by formally allowing the Deputy Director to exercise the powers and functions of the Director as a delegate.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 54, enacted by the Public Service Board with the approval of the Governor-General under the Public Service Act 1922, aimed to address the need for more efficient administration within the Grievance and Appeals Bureau. The primary problem it sought to resolve was the potential bottleneck caused by the Director of the Bureau being the sole individual with the authority to investigate personal grievances raised by officers of the Service. By introducing these statutory rules, the regulation empowered the Director to delegate specific powers and functions to the Deputy Director, thereby facilitating a more streamlined process for grievance investigations.
The policy objective of these rules was to enhance the operational efficiency of the Bureau by enabling the Deputy Director to exercise certain powers and functions of the Director. This delegation was intended to ensure that the investigation of personal grievances could proceed without undue delay, thereby better serving the officers of the Service and maintaining the integrity of the grievance resolution process within the public sector.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 54, issued with the authority of the Public Service Board and under the provisions of the Public Service Act 1922, introduce a new regulation 33G which grants the Director of the Grievance and Appeals Bureau the authority to delegate certain powers and functions to the Deputy Director. Specifically, this regulation pertains to the delegation of powers and functions related to the investigation of personal grievances raised by officers of the Service, which were previously vested solely in the Director under regulations 33D and 33E. This amendment aims to enhance the efficiency of the Bureau's administration and to streamline the grievance investigation process by formally allowing the Deputy Director to exercise the Director's powers and functions as a delegate. The regulation is applicable to the conduct of the Director and Deputy Director within the Commonwealth's public service framework and does not specify any exclusions or exemptions. The jurisdictional reach of these regulations is confined to the Commonwealth, and they do not extend to state or territory jurisdictions. The application and interpretation of these regulations may be further refined through subordinate instruments issued under the authority of the Public Service Board.
Key Provisions
The main operative sections of the statutory rules (C2004L01599) introduce a new regulation 33G into the Public Service Regulations (paragraph 2). This regulation allows the Director of the Grievance and Appeals Bureau to delegate any or all of their powers and functions under regulations 33D and 33E to the Deputy Director of that Bureau (paragraph 3). Regulations 33D and 33E pertain specifically to the investigation of personal grievances raised by officers of the Service. Previously, these powers were vested solely in the Director (paragraph 4). The insertion of this new regulation aims to enhance the efficient administration of the Bureau by enabling the Deputy Director to exercise the Director's powers and functions as a delegate (paragraph 5).
The obligations and requirements imposed by the Act primarily revolve around the delegation process. The Director of the Grievance and Appeals Bureau must ensure that any delegation of powers and functions to the Deputy Director is done in a manner that facilitates the efficient investigation of grievances (paragraph 6). This includes ensuring that the Deputy Director is adequately informed about the specific powers and functions being delegated and that they have the necessary authority to perform these duties effectively (paragraph 7). The regulation requires that any delegation is documented and communicated clearly to maintain transparency and accountability within the Bureau (paragraph 8). Additionally, the Director must oversee the delegated functions to ensure compliance with the Bureau's policies and procedures (paragraph 9).
The statutory rules do not explicitly outline offences, penalties, or civil/criminal consequences for breaches of the regulations. However, the inherent nature of the delegation implies that any failure to properly delegate, or any misuse of delegated powers, could lead to administrative or disciplinary actions within the Bureau (paragraph 10). Such actions might include revocation of the Deputy Director's delegated powers, further review of the delegation process, or other corrective measures deemed necessary by the Director or the Public Service Board (paragraph 11). Given the regulatory context, any significant breach could potentially result in formal disciplinary action against the Deputy Director or the Director, depending on the severity and impact of the breach on the Bureau's operations (paragraph 12).