EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 57
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 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 repeal those regulations.
The statutory rules repeal a number of regulations of the Public Service Regulations. Some are no longer required because the circumstances at the time they were drafted no longer exist, while others have been overtaken by determinations of the Public Service Arbitrator (section 22 of the Public Service Arbitration Act 1920 provides for the making of determinations which are inconsistent with Commonwealth laws).
Details of the repeals are given below:
Regulation 79E
This regulation provided an allowance to officers who transferred to Clayton, Victoria with the Australian Post Office Research Laboratories. The allowance now has no application to any members of the Australian Public Service.
Regulation 80A
This regulation defined ‘married officer’ for the purposes of payment of travelling allowance. As travelling allowance is now provided for by Public Service Board Determination 1981/1, which does not use the concept of ‘married officer’, regulation 80A had no continuing application.
Regulation 89A
This regulation provided for a special accommodation allowance for accounting machinists in training. There is no continuing requirement for this special allowance, as the normal accommodation assistance arrangements of regulation 96 and PSB Determination 1981/5 are appropriate for accounting machinists in training.
Regulation 93A
This regulation provided an allowance for cleaning staff working at heights, and had not been materially varied since 1968. In 1975 height allowances were inserted in relevant determinations of the Public Service Arbitrator, and these have been revised from time to time. There was no continuing requirement for regulation 93A.
Regulation 94
This regulation provided for an annual allowance of $20.00 for cleaning and lighting of offices, and had not been materially amended since 1922. There was no continuing requirement for it.
Regulation 95
This regulation provided for an allowance for officers required to sleep on official premises. Allowances to cover this situation are now provided by determinations of the Public Service Arbitrator, and there was no continuing requirement for the regulation.
Regulation 95A
This regulation provided an allowance for engineers on ship-keeping duty on lighthouse vessels. Following the introduction of the aggregate wage concept into the maritime industry and subsequent changes to the relevant determination of the Public Service Arbitrator, the allowance was no longer paid, and there was no continuing requirement for it.
Regulation 97B
This regulation was originally established to provide assistance to officers who transferred to Canberra with the Parliament in 1927. The regulation had no contemporary application to any member of the Australian Public Service.
Regulation 98AA
Regulation 98AA was introduced, at a time of some recruitment difficulties, to provide juniors recruited to Canberra with fares assistance to return to their families on leave. The regulation was repealed as no justification was seen for continuing specific entitlements for juniors in Canberra in excess of those applying to juniors elsewhere. A transitional provision has been included in the statutory rules to ensure that juniors who presently have the entitlement are not disadvantaged.
Overview
The Statutory Rules 1983 No 57, titled Public Service Regulations (Amendment), was enacted to address outdated and redundant provisions within the Public Service Regulations. The regulations were introduced by the Public Service Board under the authority granted by sub-section 97(1) of the Public Service Act 1922, with approval from the Governor-General. The policy objective of these amendments is to ensure the relevance and efficiency of the Public Service Regulations by repealing provisions that are no longer applicable due to changes in circumstances, determinations by the Public Service Arbitrator, or the introduction of new concepts such as the aggregate wage. The repealed regulations include allowances and definitions that have either become obsolete or have been superseded by more comprehensive provisions. This amendment aims to streamline the regulatory framework to better serve the Australian Public Service.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No 57 applies to the members of the Australian Public Service and is issued with the authority of the Public Service Board in accordance with the Public Service Act 1922. This amendment repeals several regulations that are no longer necessary due to changes in circumstances or being superseded by determinations of the Public Service Arbitrator. The scope of these regulations affects various allowances and entitlements previously provided to officers in specific roles or locations, such as transfers to Clayton, Victoria, or special allowances for accounting machinists in training. The repeals extend to allowances for cleaning staff working at heights, annual cleaning and lighting of offices, officers sleeping on official premises, engineers on ship-keeping duty on lighthouse vessels, and juniors recruited to Canberra. These regulations are part of the Commonwealth jurisdiction, ensuring compliance with updated legislative frameworks and arbitrator determinations. Transitional provisions ensure that existing entitlements are not abruptly terminated, maintaining fairness for those currently benefiting from the repealed regulations.
Key Provisions
The main sections of the Public Service Regulations (Amendment) Statutory Rules 1983 No. 57 involve the repeal of several regulations under the Public Service Act 1922 (section 97(1)) to streamline and update the regulations in line with current practices and determinations. These repealed regulations include, among others, Regulation 79E concerning an allowance for officers who transferred to Clayton, Victoria with the Australian Post Office Research Laboratories; Regulation 80A which defined 'married officer' for the purposes of payment of travelling allowance; Regulation 89A providing for a special accommodation allowance for accounting machinists in training; Regulation 93A concerning an allowance for cleaning staff working at heights; Regulation 94 which provided for an annual allowance for cleaning and lighting of offices; Regulation 95 for an allowance for officers required to sleep on official premises; Regulation 95A for an allowance for engineers on ship-keeping duty on lighthouse vessels; and Regulation 97B established to provide assistance to officers who transferred to Canberra with the Parliament in 1927. Additionally, Regulation 98AA, which provided juniors recruited to Canberra with fares assistance to return to their families on leave, has been repealed.
These amendments impose on the relevant parties, particularly the Australian Public Service and its officers, the necessity to comply with the updated regulatory framework by adhering to the new determinations and allowances set by the Public Service Arbitrator. This includes understanding the allowances and entitlements now governed by specific determinations rather than the repealed regulations. For instance, officers previously entitled to allowances under the repealed regulations must now seek allowances under the relevant Public Service Arbitrator determinations.
Failure to comply with these regulations can result in various consequences depending on the specific breach. While the statutory rules themselves do not explicitly detail offences, penalties, or civil/criminal consequences for breach, the underlying Public Service Act 1922 and other relevant acts would apply. Generally, breaches of public service regulations could lead to disciplinary actions, financial penalties, or other corrective measures as deemed appropriate by the Public Service Board. The exact penalties would be in accordance with the provisions of the Public Service Act and any other applicable legislation, which could range from fines to more severe disciplinary actions depending on the severity and nature of the breach.