Public Service Regulations (Amendment)

Legislation au C2004L01663 Regulations Not in force Legislative Instrument

Legislation content

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 (Amendments) 1986 (Statutory Rules 1986 Nos. 130, 131, 132, 133, 134 and 135) were introduced to address the need for extending equal employment opportunity (EEO) provisions to various Commonwealth authorities and staff groups. Enacted by the Public Service Board with the authority of the Public Service Act 1922, these amendments were designed to ensure that EEO programs, as stipulated in section 22B of the Act, are applicable to a broader range of public sector entities. By expanding the scope of section 22B, the amendments aimed to foster a more inclusive and equitable workplace across the public service, aligning with the broader policy objective of promoting EEO within the Commonwealth's administrative framework. The amendments applied to various Commonwealth authorities and staff groups, with specific regulations coming into effect on dates ranging from 1 February 1987 to 1 July 1987.

Scope and Application

The Public Service Regulations (Amendments) Statutory Rules 1986, which include regulations 130 to 135, extend the application of section 22B of the Public Service Act 1922 to various Commonwealth authorities and specific employee groups. Section 22B mandates the development of equal employment opportunity programs by Departments. These statutory rules, authorised by the Public Service Board and approved by the Governor-General, aim to ensure that the equal employment opportunity provisions apply uniformly across the public service. The amendments include the application of section 22B to Commonwealth authorities and certain employee groups, such as those appointed under the Commonwealth Teaching Service Act 1972, Naval Defence Act 1910, Supply and Development Act 1939, as well as members of the Australian Federal Police and officers of the Australian Security Intelligence Organization. Modifications and adaptations are made to these regulations to align them with the specific contexts of these authorities and employee groups. The amendments also apply to a list of Commonwealth authorities that meet the criteria of being in statutory relationship with the Board and employing at least 100 staff. This includes authorities such as the Australian Broadcasting Corporation, where specific adaptations are made to reflect the unique governance structure. The regulations progressively come into operation from February 1, 1987, to July 1, 1987, to manage the workload of the Board in monitoring the development of these programs.

Key Provisions

The Public Service Regulations (Amendments) Statutory Rules 1986 establish a framework for the implementation of equal employment opportunity (EEO) programs within certain Commonwealth authorities and staff groups. These amendments are made pursuant to sub-section 97(1) of the Public Service Act 1922 and are designed to ensure that EEO programs are effectively applied across a broader range of Commonwealth entities. Under section 22B of the Act, Departments are required to develop EEO programs, and these statutory rules extend the applicability of section 22B to additional authorities and staff groups. Specifically, regulation 1 and regulations 2-3 apply section 22B to staff groups such as those under the Commonwealth Teaching Service Act 1972, the Naval Defence Act 1910, and the Supply and Development Act 1939. Regulation 4 and regulations 5-6 target other entities including members of the Australian Federal Police, officers of the Australian Security Intelligence Organization, and various Commonwealth authorities. These rules also include modifications and adaptations to ensure that section 22B can be applied appropriately to these different entities. These statutory rules impose obligations on the affected Commonwealth authorities and staff groups to develop, implement, and monitor EEO programs in line with the requirements of section 22B of the Public Service Act 1922. This includes conducting regular assessments to ensure compliance with EEO principles and taking corrective action where necessary. For instance, the Australian Broadcasting Corporation, as prescribed under regulation 70AB, must develop an EEO program and have it monitored by the Minister for Communications. Similarly, the 15 authorities listed in Schedule 1AA and the 8 additional authorities listed in Schedule 1C must also adhere to these EEO program requirements. The regulations require these entities to report on their EEO efforts and progress, ensuring transparency and accountability. Failure to comply with the provisions of these statutory rules and the requirements of section 22B of the Public Service Act 1922 can lead to various civil or administrative consequences. While the specific penalties are not detailed in the statutory rules, non-compliance with EEO provisions can generally result in disciplinary action, financial penalties, or other sanctions as prescribed under the Public Service Act. The Public Service Board has the authority to investigate breaches and take appropriate action to enforce compliance. Additionally, failure to implement effective EEO programs can lead to reputational damage and reduced public trust in these Commonwealth authorities.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Enforcement Powers

Interactions

Authorises

All Versions

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.