EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 295
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 repeal those regulations.
These statutory rules repeal regulations 26, 27 and 28 of the Public Service Regulations.
Regulation 26 provided that the Board be notified of the occupancy by an officer for the purposes of residence of a Commonwealth building, and whether such occupancy involves control by the officer of personnel or property; in the latter case, the rent to be paid and other conditions of the occupancy were to be notified.
Regulation 27 provided that an officer referred to in regulation 26 was prohibited from sub-letting without departmental approval.
Regulation 28 provided that officers be held responsible for the careful use and preservation of Government property in their occupation etc., and set out the procedure to be followed if repairs were required.
A replacement section 89 of the Act came into operation on 31 October 1983. The new section 89 provides that where premises owned or occupied by the Commonwealth are occupied for residential purposes by an officer or employee, the occupation of those premises by the officer or employee shall be subject to such conditions (if any) as are determined, by instrument in writing, by the Minister administering the Department controlling the premises. It will therefore be appropriate for the relevant Minister to determine, to the extent considered necessary, the sorts of conditions that were covered by regulations 26, 27 and 28.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1983, enacted by the Public Service Board under the authority of the Public Service Act 1922, address the need to streamline the administrative procedures governing the occupancy of Commonwealth buildings for residential purposes by officers and employees. The introduction of these regulations was necessitated by the transition to a more flexible and responsive regulatory framework, where the determination of conditions for such occupancy is now vested in the relevant Minister, rather than being prescribed through specific regulations. This change is in line with the policy objective of enhancing the efficiency and effectiveness of public service administration, allowing for more tailored and context-specific management of Commonwealth property.
These statutory rules repeal the previous regulations 26, 27, and 28, which detailed specific requirements for notifying occupancy, prohibiting sub-letting without approval, and holding officers responsible for the preservation of government property. By repealing these regulations, the new framework empowers the Minister to set conditions for occupancy as necessary, reflecting a shift towards more centralised and adaptive policy-making within the public service sector.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No. 295, issued under the authority of the Public Service Board and with the approval of the Governor-General, specifically amends the Public Service Regulations by repealing regulations 26, 27, and 28. These regulations previously required the Public Service Board to be notified of officers occupying Commonwealth buildings for residence, prohibited sub-letting without departmental approval, and held officers responsible for the careful use and preservation of government property. The amendment aligns with the new section 89 of the Public Service Act 1922, which mandates that residential occupation of Commonwealth premises by officers or employees is subject to conditions determined by the relevant Minister in writing. This shift in regulation allows for more flexibility and tailored conditions to be set by the administering Minister, ensuring that the occupation of Commonwealth premises remains appropriately managed and regulated.
Key Provisions
The Public Service Regulations (Amendment) (Statutory Rules 1983 No. 295) primarily addresses the repeal of specific regulations related to the occupancy of Commonwealth buildings for residential purposes by officers and employees of the Public Service. These repealed regulations included requirements for notification of such occupancy (Reg. 26), prohibitions on sub-letting without departmental approval (Reg. 27), and the responsibility for the careful use and preservation of government property (Reg. 28). The key change introduced by this amendment is the replacement of these regulations with a new section 89 of the Public Service Act 1922, which came into effect on 31 October 1983.
Section 89 of the Act now specifies that any residential occupancy of Commonwealth-owned or -occupied premises by an officer or employee must be subject to conditions determined in writing by the relevant Minister. This shift in responsibility from the Board to the Minister allows for more tailored conditions that can be set according to the specific circumstances and needs of each department. This approach provides greater flexibility and ensures that the conditions are relevant and appropriate for the particular department and its employees.
Under the new framework, the obligations of officers and employees who occupy Commonwealth-owned or -occupied premises for residential purposes include adhering to the conditions set by the Minister. These conditions may cover various aspects, including the terms of occupancy, sub-letting provisions, and the maintenance and preservation of government property. Officers and employees must ensure they comply with these conditions, which may include paying rent, seeking approval for sub-letting, and maintaining the property in good condition.
Failure to comply with the conditions set by the Minister under section 89 of the Act may result in various consequences. While the specific consequences are not detailed in the statutory rules, non-compliance could potentially lead to disciplinary action under the Public Service Act or other relevant legislation. This could include formal warnings, fines, or in severe cases, termination of employment. The precise nature of these consequences would depend on the specific terms of the conditions and the severity of the breach. The maximum penalties are not explicitly stated in the rules, but they would likely be determined based on the specific provisions of the Public Service Act and other applicable laws.