Public Service Regulations (Amendment) 1994 No. 291
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 291
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.
Part IV of the Act deals with the rights of officers of the Australian Public Service (APS) who become employed by the Commonwealth outside the provisions of the Act in Commonwealth authorities, public offices etc. or by certain non-Commonwealth bodies.
APS officers who become the holders of "public offices", as defined in Part IV of the Act, are covered by that Part.
The definition of "public office" in subsection 87(1) of the Act includes at paragraph (c) an "office or appointment ... included in a class of offices or appointments prescribed ... for the purposes of this paragraph".
Section 87B of the Act provides so far as is relevant that regulations shall not be made for the purposes of the definition of "public office" in subsection 87(1) unless the Public Service Commissioner and the Minister for Finance are satisfied about certain terms and conditions of employment and superannuation arrangements. respectively, that will apply to a relevant public officer.
Regulation 171A of the Public Service Regulations provides that for the purposes of paragraph (c) of the definition of "public office" referred to above, an office or appointment specified in Schedule 3C of those Regulations is prescribed.
These Regulations give Part IV coverage to a public servant who becomes the Chief Executive Officer of the National Registration Authority for Agricultural and Veterinary Chemicals (CEO), an office established under subsection 33(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Regulation 1 of the Regulations is a formal provision.
Regulation 2 adds the office of CEO to Schedule 3C of the Public Service Regulations.
Officers of the Department of Industrial Relations and the Department of Finance (who have been delegated the powers under section 87B of the Act of the Public Service Commissioner and the Minister for Finance respectively) have declared themselves to be satisfied as required by section 87B.
The Regulations commence on gazettal.
Overview
The Public Service Regulations (Amendment) 1994 No. 291, issued under the authority of the Prime Minister, amend the Public Service Regulations to extend coverage to the Chief Executive Officer of the National Registration Authority for Agricultural and Veterinary Chemicals. This amendment addresses the gap in the Public Service Act 1922 by ensuring that APS officers who transition to public offices outside the Commonwealth, such as the CEO position, are afforded the same protections and rights as those within the APS. The policy objective is to maintain consistency in the terms and conditions of employment and superannuation arrangements for public officers, as stipulated in section 87B of the Act, thereby ensuring that these officers are appropriately covered and protected under the Act when they assume such roles.
Scope and Application
The Public Service Regulations (Amendment) 1994 No. 291 amends the Public Service Regulations to extend the scope of the Public Service Act 1922 to include the office of the Chief Executive Officer (CEO) of the National Registration Authority for Agricultural and Veterinary Chemicals. This legislation applies to individuals who are officers of the Australian Public Service and who subsequently take up the role of CEO of the National Registration Authority, an office created under the Agricultural and Veterinary Chemicals (Administration) Act 1992. The application of the Public Service Act to this office is contingent upon the satisfaction of the Public Service Commissioner and the Minister for Finance regarding certain terms and conditions of employment and superannuation arrangements, as stipulated in section 87B of the Act. The amendments ensure that the CEO of the National Registration Authority is afforded the same rights and protections as other public servants under the Act. The Regulations do not specify any exclusions or exemptions and apply nationally as they are Commonwealth regulations.
Key Provisions
The Public Service Regulations (Amendment) 1994 No. 291 amends the existing regulations under the Public Service Act 1922 to extend the coverage of Part IV of the Act to the Chief Executive Officer (CEO) of the National Registration Authority for Agricultural and Veterinary Chemicals (ARAV). Regulation 2 of the Amendment specifies that the office of CEO of ARAV is to be included in Schedule 3C of the Public Service Regulations, thereby making it subject to the provisions of Part IV. This amendment ensures that APS officers who transition to this role will continue to be governed by the terms and conditions set out in Part IV of the Act, including matters related to employment and superannuation arrangements.
Under these Regulations, the Public Service Commissioner and the Minister for Finance have declared their satisfaction with the terms and conditions of employment and superannuation arrangements for officers who take up the position of CEO of ARAV, as required by section 87B of the Public Service Act 1922. This declaration ensures that the officers will not only retain their public service rights but will also be subject to the same terms and conditions as other APS officers under Part IV. The satisfaction of these officials is a critical step in ensuring that the transition of APS officers into the CEO role does not disrupt their public service entitlements.
The Regulations impose certain obligations on the Public Service Commissioner and the Minister for Finance. Specifically, they are required to ensure that the terms and conditions of employment and superannuation arrangements for officers transitioning to the role of CEO of ARAV are satisfactory. This obligation is crucial for maintaining the integrity of the public service and ensuring that officers are not disadvantaged by their transition into a new role. Furthermore, the Regulations require that these officials make a formal declaration of their satisfaction, which must be in place before the Regulations can take effect.
Failure to comply with these Regulations or the requirements set out in the Public Service Act 1922 could result in significant legal consequences. While the specific penalties for non-compliance are not detailed within the text, breaches of public service regulations generally may lead to disciplinary action, financial penalties, or other legal repercussions as prescribed by the relevant legislation. It is important for all parties involved to adhere strictly to the provisions outlined in the Regulations to avoid any potential legal ramifications.