Statutory Rules
1980 No. 89
REGULATION UNDER THE PUBLIC SERVICE ACT 1922.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulation.
Dated this thirty-first day of March, 1980.
R.W. COLE
Chairman
J.C. TAYLOR
Commissioner
R.J. YOUNG
Commissioner
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulation.
Dated this twenty-third day of April, 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MICHAEL MacKELLAR
Minister of State for Health for and on behalf of the Prime Minister
* Notified in the Commonwealth of Australia Gazette on 2 May, 1980.
11284/80 Cat. No. —Recommended retail price 20c 12/21.3.1980
AMENDMENT OF THE PUBLIC SERVICE REGULATIONS*
Creation and constitution of Joint Council
Regulation 72b of the Public Service Regulations is amended by omitting sub-paragraphs (ii), (iii) and (iv) of paragraph (d) of sub-regulation (1) and substituting the following sub-paragraphs:
“ (ii) 3 by the Australian Council of Trade Unions; and
(iii) one by the Council of Professional Associations.”.
* Statutory Rules 1935 No. 18 as amended to date. For previous amendments see footnote * on the second page of Statutory Rules 1980 No. 18 and see also Statutory Rules 1980 Nos. 18, 26 and 52.
Printed by Authority by the Commonwealth Government Printer
Overview
The Public Service Regulations 1980, enacted under the Public Service Act 1922, were introduced to amend the Public Service Regulations to ensure they reflect contemporary organisational needs and practices within the public service. This legislative instrument was made by the Public Service Board, acting on the authority conferred by the Public Service Act 1922, and subsequently approved by the Governor-General. The specific regulation modifies the composition of the Joint Council, which plays a crucial role in industrial relations within the public sector. By replacing certain representatives with those from the Australian Council of Trade Unions and the Council of Professional Associations, the regulation aims to better represent the interests of public service employees and ensure that the Joint Council remains effective in addressing employment-related issues. This amendment reflects a policy objective to maintain a fair and balanced representation within the public service, enhancing the overall governance and management of public sector employment.
Scope and Application
The Public Service Regulations 1980, made under the authority of the Public Service Act 1922, apply to all officers and employees of the Commonwealth public service. The Regulations govern the creation and constitution of the Joint Council, which includes representatives from the Australian Council of Trade Unions and the Council of Professional Associations, among other responsibilities. These Regulations are applicable across the Commonwealth and serve to provide a structured framework for the operation of the Joint Council, ensuring that it is representative of both employee and employer interests. Notably, the Regulations are subject to amendment, with the 1980 Amendment specifically addressing the composition of the Joint Council to reflect the inclusion of representatives from the Australian Council of Trade Unions and the Council of Professional Associations. These amendments are intended to ensure the Council adequately represents the diverse interests within the public service.
Key Provisions
The main operative sections of this regulation concern the amendment of the Public Service Regulations, specifically focusing on the creation and constitution of the Joint Council. Regulation 72b(1)(d) is altered to exclude certain sub-paragraphs and include new ones. The amendment now mandates that the Joint Council includes a representative from the Australian Council of Trade Unions and one from the Council of Professional Associations. This ensures that the Joint Council, which advises on matters affecting public servants, has appropriate representation from both employees and professional associations.
The regulation imposes specific obligations on the Public Service Board to ensure the Joint Council is constituted in accordance with these amendments. It requires that the Board, when appointing members to the Joint Council, adheres to the new sub-paragraphs outlined in Regulation 72b(1)(d). The Board must ensure that the council includes a representative from the Australian Council of Trade Unions and another from the Council of Professional Associations. This amendment aims to provide a balanced representation, allowing both employee interests and professional standards to be considered in the council's deliberations.
Breach of these regulations could potentially lead to administrative consequences. While the regulation itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, deviations from the stipulated requirements could be subject to review by the Public Service Board or higher authorities. The Public Service Act 1922, under which these regulations are made, provides a framework for handling non-compliance, which may include corrective actions, administrative reviews, or other measures deemed necessary by the Board. Although the regulation does not specify maximum penalties, any significant deviation from the established procedures could lead to scrutiny and potential repercussions for the Public Service Board.