EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 87
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 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 for giving effect to that Act.
Section 19A of the Public Service Act 1922 provides that the regulations may made provision for the establishment of a Joint Council, which shall be representative of the Board and of Departments and of organizations of officers or employees, and shall be constituted in such manner as is prescribed. The section further provides that the Council shall have such functions as are prescribed with respect to matters of general interest in relation to the Service which are referred to the Council by the Board.
Regulation 72B of the Public Service Regulations provides for the creation and constitution of Joint Council. Paragraph 72B(1)(d) currently provides that the Council shall include 9 representatives of staff organizations, comprising 5 nominated by the Council of Australian Government Employee Organizations (CAGEO), 3 nominated by the Australian Council of Trade Unions (ACTU) and 1 nominated by the Council of Professional Associations (CPA).
Following the merger of CAGEO with the ACTU, the amendment of paragraph 72B(1)(d) effected by these Statutory Rules removes the reference to CAGEO and provides for 8 representatives to be nominated by the ACTU. The ACTU and CPA were consulted on the proposal to make this amendment.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Public Service Board, were enacted to address the organisational changes within staff associations that represent public service employees. Specifically, the merger of the Council of Australian Government Employee Organisations (CAGEO) with the Australian Council of Trade Unions (ACTU) necessitated adjustments to the composition of the Joint Council established under Regulation 72B of the Public Service Regulations. The policy objective of these amendments is to ensure the Joint Council remains representative of the evolving organisational landscape of employee associations, thereby maintaining its effectiveness and relevance in addressing matters of general interest in relation to the public service. The amendment ensures the Joint Council continues to be constituted in a manner that reflects the current structures of employee representation.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982 No. 87, issued under the authority of the Public Service Board, pertain to the amendment of existing regulations governing the Public Service Act 1922. These regulations apply to the federal public service, specifically addressing the composition and nomination process of representatives within the Joint Council established under Section 19A of the Public Service Act. The amendment adjusts the number of representatives from staff organisations within the Joint Council by removing the previous requirement for nominations from the Council of Australian Government Employee Organisations (CAGEO) and reallocating those nominations to the Australian Council of Trade Unions (ACTU) following CAGEO's merger with the ACTU. This change ensures that the Joint Council continues to be representative of the interests of public service employees and officers while reflecting current organisational structures. The regulations have a Commonwealth jurisdictional reach, impacting federal public service entities across Australia.
The amendment to Regulation 72B(1)(d) of the Public Service Regulations, as effected by these Statutory Rules, modifies the nomination process for representatives of staff organisations within the Joint Council, now providing for 8 representatives to be nominated by the ACTU. This adjustment excludes any nominations from CAGEO, which has merged with the ACTU. The amendment is designed to streamline representation within the Council and was developed in consultation with the ACTU and the Council of Professional Associations (CPA). These rules apply to all federal public service departments and agencies, ensuring that the Council's composition reflects the current organisational landscape of employee representation within the public service.
Key Provisions
The main operative sections of the Statutory Rules 1982 No. 87, which amend the Public Service Regulations, are sections that modify the constitution of the Joint Council established under the Public Service Act 1922. Specifically, Regulation 72B(1)(d) has been amended to adjust the composition of representatives of staff organisations within the Joint Council. Previously, the Council included nine representatives of staff organisations, with five nominated by the Council of Australian Government Employee Organisations (CAGEO), three by the Australian Council of Trade Unions (ACTU), and one by the Council of Professional Associations (CPA). These regulations now remove the reference to CAGEO and provide for eight representatives to be nominated by the ACTU, reflecting the merger of CAGEO with the ACTU.
These amendments impose clear obligations on the Public Service Board, the Board, and the relevant organisations, including the ACTU and CPA, to ensure the proper nomination of representatives to the Joint Council. The Board is required to adjust its procedures to align with the new composition of the Council as specified in the amended Regulation 72B(1)(d). The ACTU and CPA must nominate the required number of representatives to maintain the Council's functionality and representation, as prescribed by the amended regulations.
Failure to comply with these regulations could result in various consequences. Although the Explanatory Statement does not specify particular offences, penalties, or civil/criminal consequences for breaches, non-compliance could potentially lead to disputes or challenges regarding the legitimacy of the Council's decisions or actions. The Public Service Act 1922 or related legislation might provide for specific penalties for non-compliance, but such details are not outlined in the current explanatory statement. The precise consequences would depend on the interpretation and application of the broader statutory framework governing the public service.