EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 155
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (“the Principal 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.
A number of provisions of the Public Service and Statutory Authorities Amendment Act 1985 (“the Amendment Act”) have been proclaimed to come into operation on 1 July 1986. These provisions insert into the Principal Act new arrangements for the employment of various categories of persons in the Australian Public Service.
These statutory rules insert various regulations into the Public Service Regulations (“the Regulations”) in relation to the new provisions in the Principal Act. Details of the regulations are as follows.
Regulation 1 provides that these regulations shall come into operation on 1 July 1986.
Regulation 2 repeals existing regulations 121 to 124, which relate to sections of the Principal Act to be repealed, and substitutes new regulations 121 and 122. The regulations repealed relate to the register of applicants for temporary employment; under the new arrangements, the manner in which registers shall be kept will be notified by the Board in the Gazette.
New regulation 121 defines “principal relevant staff organization” for the purposes of new paragraph 82(2)(b) of the Principal Act. Such an organization has a consultative role in relation to the inclusion of classes of employees in the various employment categories under the new temporary employment arrangements.
New regulation 122 prescribes the various schemes (e.g. the Commonwealth Work Experience Program) enabling persons to gain ability for the purpose of participating in the Australian work-force. This is done pursuant to new section 82AG of the Principal Act, under which a departmental Secretary may employ such persons.
Regulation 3 amends regulation 165 of the Regulations to exclude from the Public Service disciplinary code employees employed:
(a) under the Australian Traineeship System; and
(b) under other of the schemes prescribed by new regulation 122 where the employee has been employed for less than 1 year.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1986 were enacted to address the implementation of the new employment arrangements introduced by the Public Service and Statutory Authorities Amendment Act 1985. This legislation was developed in response to the need for updated regulatory frameworks that align with the new provisions regarding the employment of various categories of individuals in the Australian Public Service, as specified in the Public Service Act 1922. The Public Service Board, acting under the authority conferred by sub-section 97(1) of the Principal Act and with the approval of the Governor-General, issued these regulations to ensure the smooth operation of the new employment arrangements. The policy objective of these amendments is to provide clear guidelines and regulatory mechanisms for the effective management and integration of new employment categories into the Public Service, ensuring both flexibility and compliance with the legislative framework.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 155 apply to the Australian Public Service and govern the employment of various categories of individuals under the Public Service Act 1922. Specifically, the regulations implement the new arrangements for the employment of temporary staff as introduced by the Public Service and Statutory Authorities Amendment Act 1985. These regulations came into effect on 1 July 1986 and involve repealing certain existing regulations related to temporary employment and replacing them with new regulations. New regulation 121 defines the term "principal relevant staff organization" which is pertinent to the consultative role in the inclusion of employee classes within the new temporary employment categories. New regulation 122 outlines the schemes, such as the Commonwealth Work Experience Program, that enable individuals to gain experience for workforce participation. Furthermore, regulation 3 modifies the disciplinary code to exclude employees under the Australian Traineeship System and those employed under certain schemes for less than a year from its purview. These regulations are issued under the authority of the Public Service Board, with the approval of the Governor-General.
Key Provisions
The main operative sections of these statutory rules concern the introduction of new employment arrangements for various categories of persons in the Australian Public Service. Regulation 1 states that the regulations come into effect on 1 July 1986 (Reg. 1). Regulation 2 repeals existing regulations (121 to 124) and replaces them with new regulations (121 and 122) (Reg. 2). New regulation 121 defines the term “principal relevant staff organization” which has a consultative role in the new temporary employment arrangements (Reg. 2, new Reg. 121). New regulation 122 prescribes various schemes, such as the Commonwealth Work Experience Program, which enable persons to gain abilities for participating in the workforce and may be employed under the new arrangements (Reg. 2, new Reg. 122).
These statutory rules impose several obligations and requirements on the entities they govern. Firstly, they require the Public Service Board to notify the manner in which registers of applicants for temporary employment will be kept in the Gazette (Reg. 2). Secondly, they establish a consultative role for principal relevant staff organizations in relation to the inclusion of classes of employees in various employment categories (Reg. 2, new Reg. 121). Lastly, they detail the schemes that allow for the employment of individuals who can gain abilities for workforce participation (Reg. 2, new Reg. 122).
The statutory rules also outline the consequences of non-compliance with the new regulations. Regulation 3 amends regulation 165 to exclude certain employees from the Public Service disciplinary code, specifically those employed under the Australian Traineeship System and other schemes for less than one year (Reg. 3). This amendment implies that certain employees are exempt from the disciplinary provisions applicable to other public service employees. However, the statutory rules do not explicitly state any offences, penalties, or civil/criminal consequences for breach of these regulations. It is likely that any breaches would be subject to existing disciplinary measures or other legal remedies available under the relevant legislation.