Public Service Regulations (Amendment) 1992 No. 409
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 409
Issued by the authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Section 82AG of the Act provides that the Secretary of a Department may employ persons in the Department to perform duties under a prescribed scheme to enable such persons to gain ability for the purpose of participating in the Australian workforce.
Regulation 122 of the Public Service Regulations lists a number of schemes pursuant to section 82AG. These Regulations amend regulation 122 by adding a further scheme to the list.
In July 1992 the Government announced a new training initiative for young people, the Career Start Traineeship (CST). The CST has been developed as a transitional program between the current Australian Traineeship System and the introduction of the Australian Vocational Certificate as proposed in the Carmichael Report on the Australian Vocational Certificate Training System (March 1992). The CST has been established by a federal industrial award.
It is proposed that an Australian Vocational Certificate pilot scheme for entry level training using the CST arrangements will be introduced in the Australian Public Service early next year. Traineeships will run from 1 to 2 years depending on the level of secondary education completed. Trainees will be temporary employees, and on successful completion will be offered permanent appointment at the Administrative Service Officer Class 1 level.
Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.
Regulation 2 of the Regulations amends regulation 122 of the Public Service Regulations to provide for the CST program to be a special employment program for the purposes of section 82AG of the Act.
The Regulations commence on date of gazettal.
Overview
The Public Service Regulations (Amendment) 1992 No. 409, issued under the authority of the Prime Minister, were enacted to address the need for a transitional training program for young people between the existing Australian Traineeship System and the introduction of the Australian Vocational Certificate Training System. These regulations amend the Public Service Regulations by adding a new scheme to the list of prescribed schemes under section 82AG of the Public Service Act 1922, facilitating the employment of persons in the Department to perform duties under a scheme designed to enable them to gain skills and abilities for the Australian workforce. The Career Start Traineeship (CST) program, established by a federal industrial award, was introduced in July 1992 as a pilot scheme to offer entry-level training, with trainees being employed as temporary employees and potentially offered permanent appointments upon successful completion of the program. The regulations aim to integrate this initiative into the Australian Public Service, providing a structured pathway for young people to transition into the workforce.
Scope and Application
The Public Service Regulations (Amendment) 1992 No. 409 applies to the Australian Public Service under the authority of the Prime Minister, amending the Public Service Regulations 1992 to incorporate the Career Start Traineeship (CST) program as a special employment scheme. This legislative amendment ensures that the CST program, which serves as a transitional initiative between the existing Australian Traineeship System and the proposed Australian Vocational Certificate Training System, can be formally recognised and implemented within the Public Service. The Regulations extend the list of employment schemes under section 82AG of the Public Service Act 1922, thereby allowing the Secretary of a Department to employ individuals under the CST program to gain skills and experience suitable for participation in the Australian workforce. These Regulations have a national reach within the Commonwealth jurisdiction and apply to all departments and agencies of the Australian Public Service. The Regulations themselves do not outline any exclusions or exemptions and come into effect on the date of their gazette.
Key Provisions
The Public Service Regulations (Amendment) 1992 No. 409 introduces key amendments to the Public Service Regulations, particularly focusing on the addition of a new training initiative known as the Career Start Traineeship (CST) (Reg. 2). This amendment aligns with section 82AG of the Public Service Act 1922, which allows the Secretary of a Department to employ persons to perform duties under a prescribed scheme to facilitate their integration into the Australian workforce. The amendment effectively classifies the CST program as a special employment program, thereby enabling its implementation within the Australian Public Service (APS) (Reg. 2).
The obligations imposed by these Regulations primarily concern the operationalisation of the CST program within the APS. Departments and agencies within the APS are required to adhere to the guidelines set forth in the amended regulation 122, which now includes the CST program. This means that departments must facilitate the recruitment, training, and assessment of trainees according to the federal industrial award governing the CST. Furthermore, departments must ensure that successful completion of the CST program leads to the offer of a permanent position at the Administrative Service Officer Class 1 level (Reg. 2).
The Regulations do not explicitly outline specific offences or penalties for breaches. However, non-compliance with the Public Service Act 1922 and its regulations could result in administrative penalties, disciplinary actions, or legal consequences depending on the nature and severity of the breach. The specific consequences would be determined based on the relevant provisions of the Public Service Act and any applicable administrative or employment laws.