Public Service Regulations (Amendment)

Legislation au C2004L01659 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1986 NOS. 130, 131, 132, 133, 134 and 135

PUBLIC SERVICE REGULATIONS (AMENDMENTS)

Issued with the authority of the Public Service Board

Sub-section 97(1) of the Public Service Act 1922 (the Act) provides, inter alia, that the Public Service Board (the 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.

Section 22B of the Act provides for the development by Departments of equal employment opportunity programs.

Sub-section 22B(13) provides that the regulations may provide that section 22B shall apply to a Commonwealth authority as if -

• the authority were a Department;

• references to the Secretary of a Department were references to the person holding, or performing the duties of, the office specified in the regulations; and

• if the regulations provide that a specified Minister is the prescribed authority, then references to the Public Service Board were references to that Minister.

‘Commonwealth authority’ is defined in sub-section 7(1) of the Act as including an authority or body established for a public purpose by, or in accordance with the provisions of, a Commonwealth Act.

Sub-section 22B(14) provides, inter alia, that the regulations may provide that the provisions of the section shall, subject to such modifications and adaptations as are prescribed, apply to and in relation to the employment of:

• persons appointed as officers or engaged as employees under the Commonwealth Teaching Service Act 1972;

• persons who are employed under s.42 of the Naval Defence Act 1910;


• persons who are employed under s.10 of the Supply and Development Act 1939;

• members of the Australian Federal Police; and

• persons employed as officers of the Australian Security Intelligence Organization.

The 6 sets of statutory rules insert into the Public Service Regulations (the Regulations) new regulations 70AA, 70AB, 70AC, 70A, 70B, 70C and 70D and new Schedules 1AA, 1A, 1B and 1C, to apply section 22B to a number of Commonwealth authorities; and, modified and adapted as necessary, to the staff groups listed above.

1. Application of section 22B to staff of Commonwealth Teaching Service, etc.

Regulation 1 of the statutory rules makes a formal amendment to regulation 4A of the Regulations.

Regulations 2 and 3 insert new regulations 70A, 70B and 70C and Schedules 1A, 1B and 1C into the Regulations to apply section 22B to the first 3 staff groups listed above. Modifications and adaptations are made to substitute the appropriate terms for ‘Department’, ‘Secretary’, ‘Service’, etc. These regulations are to come into operation upon being made.

2 & 3. Application of section 22B to members of the Australian Federal Police and officers of the Australian Security Intelligence Organization

The second and third sets of statutory rules (proposed regulations 70AC and 70D) apply section 22B to the final 2 staff groups listed above. Appropriate modifications and adaptations are made as described above. These regulations are to come into operation on 1 February 1987.

4. Application of section 22B to various Commonwealth authorities

This set of rules comprises proposed regulation 70AA and Schedule 1AA, to apply section 22B to the 15 Commonwealth authorities listed in the schedule with effect from 1 February 1987. Against each authority, the office to be substituted for ‘Secretary’ is listed. The authorities have been selected on the criteria that they are in statutory relationship with the Board as regards the terms and conditions of staff and that they employ at least 100 staff.

5. Application of section 22B to staff of the Australian Broadcasting Corporation

This set of statutory rules inserts regulation 70AB, which prescribes the Australian Broadcasting Corporation for the purposes of section 22B. As well as substituting ‘Managing


Director’ for ‘Secretary’, the proposed regulation also provides that the Minister for Communications will be the prescribed authority in lieu of the Board (ie, the Minister will monitor the Corporation’s equal employment opportunity program). This regulation is to come into operation on 2 February 1987.

6. Application of section 22B to various further Commonwealth authorities

The final set of statutory rules inserts a further 8 authorities into Schedule 1AA with effect from 1 July 1987. These are also in statutory relationship with the Board, and employ between 40 and 99 staff. They are prescribed with effect from 1 July 1987, in order to spread the Board’s workload in monitoring programs as they are developed.

The prescribing of these staff groups and statutory authorities is part of the Government’s policy regarding legislative provisions for equal employment opportunity programs in statutory authorities generally.

Overview

The Public Service Regulations (Amendment) Regulations 1986 were introduced to address gaps in the implementation of equal employment opportunity (EEO) programs across various Commonwealth authorities. Enacted by the Public Service Board under the authority of the Public Service Act 1922, these regulations aimed to extend the application of EEO programs, as mandated by section 22B of the Act, to a broader range of Commonwealth authorities and employee groups. The amendments sought to ensure consistency in the application of EEO principles across the public sector by including specific authorities and employee groups under the purview of the EEO provisions. The policy objective was to promote fairness and equal opportunity in employment practices within these entities, aligning them with the broader public service standards.

Scope and Application

The Public Service Regulations (Amendments) Statutory Rules 1986 are designed to extend the application of section 22B of the Public Service Act 1922 to various Commonwealth authorities and specific staff groups within these entities. The amendments, made under the authority of the Public Service Board and with the approval of the Governor-General, aim to ensure that equal employment opportunity programs are implemented across a broader range of public sector workplaces. The regulations apply to Commonwealth authorities established for public purposes under Commonwealth Acts, as well as specific groups such as members of the Australian Federal Police and officers of the Australian Security Intelligence Organization. Additionally, the regulations target staff appointed under various Acts, including the Commonwealth Teaching Service Act 1972, the Naval Defence Act 1910, and the Supply and Development Act 1939. The amendments also extend to the Australian Broadcasting Corporation, with the Minister for Communications assuming a monitoring role for its equal employment opportunity program. The regulations are set to take effect at staggered dates, primarily from 1 February 1987, with some provisions coming into operation on 2 February 1987 and 1 July 1987, to manage the Board’s workload effectively.

Key Provisions

The key provisions of these statutory rules primarily revolve around the application of section 22B of the Public Service Act 1922 (section 22B) to various Commonwealth authorities and staff groups. Regulation 1 amends regulation 4A of the Public Service Regulations (the Regulations) to accommodate the insertion of new regulations 70A, 70B, and 70C, along with Schedules 1A, 1B, and 1C, to cover staff groups such as those appointed under the Commonwealth Teaching Service Act 1972, employed under the Naval Defence Act 1910, and employed under the Supply and Development Act 1939. Regulations 2 and 3 introduce proposed regulations 70AC and 70D, applying section 22B to members of the Australian Federal Police and officers of the Australian Security Intelligence Organization, with modifications and adaptations as needed. These regulations are designed to take effect from 1 February 1987. These statutory rules impose obligations on the relevant Commonwealth authorities and staff groups to develop and implement equal employment opportunity programs in line with section 22B of the Act. The regulations specify that section 22B will apply to these entities as if they were Departments, with appropriate substitutions for terms such as ‘Secretary’ and references to the Public Service Board. Additionally, the regulations require these entities to report on their equal employment opportunity programs to the relevant authorities, which may include the Minister for Communications in the case of the Australian Broadcasting Corporation. The statutory rules do not explicitly outline specific offences or penalties for non-compliance with the equal employment opportunity provisions. However, given that section 22B is part of the Public Service Act 1922, it is likely that any breaches of the equal employment opportunity requirements would be subject to the general enforcement mechanisms and penalties provided by the Act. This could include administrative penalties or legal action for non-compliance, depending on the severity and nature of the breach. The specific penalties would be determined in accordance with the broader regulatory framework governing the Public Service Act and associated regulations.

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Area of Law
Public Service Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.