EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 14
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 20 and 21 of the Public Service Regulations.
Regulation 20 provided that the Board would be notified whenever the number of officers available in a departmental work area was greater than the business demanded or could be reduced by rearrangement of duties or improved methods of working.
Regulation 21 provided that a report would be made to the Board if inefficient, incompetent, unfit or incapable officers were identified in any Department.
The procedures for dealing with situations of excess staff and inefficient officers were formerly found in sections 20 and 67 of the Act and in the above-mentioned regulations, but those sections have been repealed and the procedures are now located in the Commonwealth Employees (Redeployment and Retirement) Act 1979 and the Commonwealth Employees (Redeployment and Retirement) Regulations. It was considered appropriate therefore to repeal the now ineffective provisions in the Public Service Regulations.
Overview
The Statutory Rules 1984 No. 14, issued under the authority of the Public Service Board, amends the Public Service Regulations in response to changes in legislation that have rendered certain provisions obsolete. Enacted to address gaps arising from the repeal of specific sections in the Public Service Act 1922, these rules repeal Regulations 20 and 21, which previously required notification to the Board about excess staffing and the identification of inefficient officers within departments. The Public Service Board, exercising its regulatory power under section 97(1) of the Public Service Act 1922 and in accordance with the Acts Interpretation Act 1901, aims to streamline administrative processes by removing outdated regulatory requirements that are now superseded by provisions in the Commonwealth Employees (Redeployment and Retirement) Act 1979 and its accompanying regulations. This amendment ensures the regulations remain relevant and effective in the current legislative framework.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 14, issued under the authority of the Public Service Board, pertains to the amendment of existing regulations within the scope of the Public Service Act 1922. These rules are designed to align the Public Service Regulations with more recent legislative changes, specifically those found in the Commonwealth Employees (Redeployment and Retirement) Act 1979 and its corresponding regulations. The amendment involves the repeal of regulations 20 and 21, which previously required the Public Service Board to be notified of situations where there was an excess of officers in a departmental work area or where inefficient, incompetent, unfit, or incapable officers were identified. These procedures have now been superseded by the newer act and regulations, making the previous requirements in the Public Service Regulations redundant. The amendment applies to all officers within the public service and is framed within the Commonwealth jurisdiction, impacting the administrative processes related to workforce management and performance within federal departments.
Key Provisions
The Statutory Rules 1984 No. 14, specifically the Public Service Regulations (Amendment), amend the existing regulations to repeal certain sections that have become redundant. The regulations repealed, specifically regulation 20 (subsections 97(1)) and regulation 21, previously required the Public Service Board to be notified when there was an excess of officers in a departmental work area (regulation 20) or when inefficient, incompetent, unfit, or incapable officers were identified in any department (regulation 21). These requirements are now addressed under the Commonwealth Employees (Redeployment and Retirement) Act 1979 and the associated regulations, which have superseded the old provisions in the Public Service Act.
The amendment imposes on the relevant authorities the responsibility to ensure that any situations involving excess staff or incompetent officers are handled according to the new legislative framework. The Board is no longer required to receive notifications regarding excess staffing or inefficient officers, as these matters are now governed by the updated Act and Regulations. Instead, entities must comply with the redeployment and retirement procedures set out in the newer legislation.
Breaches of the new provisions or failure to comply with the redeployment and retirement procedures may result in various consequences. While the specific penalties for non-compliance are detailed in the Commonwealth Employees (Redeployment and Retirement) Act 1979 and Regulations, general penalties for breaches of public service regulations can include fines, disciplinary action against officers, or other administrative measures. The precise penalties depend on the nature and severity of the breach, and could potentially result in both civil and criminal consequences if the breach is significant or willful. The maximum penalties are outlined in the relevant sections of the new Act and Regulations.