EXPLANATORY STATEMENT
Statutory Rules 1985 No. 177
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, inter alia, 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.
The Public Service Regulations have hitherto made provision relating to the establishment, constitution and procedures of Promotion Appeal Committees. Under the Merit Protection (Australian Government Employees) Act 1984 (Merit Protection Act) the Merit Protection and Review Agency (the Agency) is to have responsibility for the establishment, constitution and procedures of Promotion Appeal Committees.
In related papers (Executive Council Minute No. 10 refers) it was recommended that 21 July be fixed by Proclamation on which the provisions of the Merit Protection Act relating to Promotion Appeal Committees came into operation.
To enable the transfer of responsibility from the Public Service Board to the Agency for Promotion Appeal Committees it was necessary for provisions in the Public Service Regulations relating to Promotion Appeal Committees to be repealed. Comparable provisions have been included in the Merit Protection (Australian Government Employees) Regulations made under the Merit Protection Act. (Executive Council Minute No. 11 refers). Details of the amendments to the Public Service Regulations are set out below.
Regulation 1 provided for the regulations to come into operation on 21 July 1985.
Regulation 2 and 3 amended existing regulations 56 and 57 by omitting references to ‘Regional Director’ and substituting ‘Board’. The reason for this amendment is that the Board’s Office has been reorganised so that there is no longer a Regional Director in the A.C.T.
Regulation 4 amended existing regulation 104 which provides a definition of Promotion Appeal Committee so that the definition refers to the section of the Merit Protection Act under which Promotion Appeal Committees are to be established.
Regulation 5 repealed regulations 109D, 109E and 109F which hitherto have made provision relating to the establishment, constitution and procedures of Promotion Appeal Committees.
Regulation 6 amended regulation 160 to broaden the delegation power provided by that regulation to the Director of the Grievance and Appeals Bureau. Hitherto the Director had been able to delegate powers relating to discipline appeals only to staff of the Public Service Board. With the establishment of the Agency and pending legislative transfer of responsibility for discipline appeal matters from the Board to the Agency it was desirable for the Director to be able to delegate the Director’s powers to members and staff of the Agency.
Overview
The Public Service Regulations (Amendment) 1985 was enacted to address the gap in the regulatory framework regarding the establishment, constitution, and procedures of Promotion Appeal Committees within the Australian Public Service. This amendment was necessary to align the regulations with the newly established Merit Protection (Australian Government Employees) Act 1984, which shifted the responsibility for these committees from the Public Service Board to the Merit Protection and Review Agency. The Public Service Regulations (Amendment) was authorised by the Public Service Board under section 97(1) of the Public Service Act 1922 and approved by the Governor-General. The objective of this amendment was to ensure that the regulatory provisions accurately reflect the legislative changes and facilitate the smooth transfer of responsibilities. The amendment repealed the existing regulations concerning Promotion Appeal Committees and introduced new provisions that align with the Merit Protection Act, thereby providing a coherent and updated regulatory framework for the public service.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 177 primarily concern the adjustment of the Public Service Regulations to facilitate the transfer of responsibilities regarding Promotion Appeal Committees from the Public Service Board to the Merit Protection and Review Agency. This transition aligns with the provisions of the Merit Protection (Australian Government Employees) Act 1984, which assigns the Agency the responsibility for the establishment, constitution, and procedures of these committees. The amendment ensures that the regulatory framework is updated to reflect the new roles and procedures as stipulated by the Merit Protection Act. Geographically, the application of these regulations is national in scope, impacting Australian Government Employees across the Commonwealth. The regulations explicitly exclude any other matters not directly related to the restructuring of Promotion Appeal Committees and their associated procedures. Subordinate instruments may further extend or specify the application of these regulations, but the primary focus remains on the delineated changes to regulatory provisions governing Promotion Appeal Committees.
Key Provisions
The Public Service Regulations (Amendment) (SR 1985 No. 177) amends the Public Service Regulations to facilitate the transfer of responsibilities related to Promotion Appeal Committees from the Public Service Board to the Merit Protection and Review Agency, as mandated by the Merit Protection (Australian Government Employees) Act 1984. The main operative sections of the amendment involve changes to definitions and the repeal of specific regulations that previously governed Promotion Appeal Committees. Regulation 4 redefines the term "Promotion Appeal Committee" to align with the Merit Protection Act, while Regulation 5 repeals Regulations 109D, 109E, and 109F, which previously set out the establishment, constitution, and procedures for these committees. Additionally, Regulation 6 expands the delegation powers of the Director of the Grievance and Appeals Bureau to include the Merit Protection and Review Agency’s staff.
The amendments impose specific obligations on the parties involved, primarily transitioning the administrative and procedural responsibilities from the Public Service Board to the Merit Protection and Review Agency. The Merit Protection and Review Agency is now tasked with the establishment, constitution, and procedures of Promotion Appeal Committees, reflecting the shift in governance and responsibility. This transition ensures that the Merit Protection and Review Agency has the necessary authority and capacity to manage these committees effectively, in line with the legislative framework provided by the Merit Protection (Australian Government Employees) Act 1984.
In terms of penalties and consequences, the Public Service Regulations (Amendment) does not explicitly detail specific offences or penalties for non-compliance within the regulations themselves. However, any breaches of the Merit Protection (Australian Government Employees) Act 1984 or related regulations could result in civil or criminal penalties, depending on the nature and severity of the breach. The Merit Protection Act includes provisions for disciplinary actions against Australian Government employees, which may include fines, suspension, or dismissal for serious misconduct. The exact penalties would be determined in accordance with the relevant provisions of the Act and any other applicable laws.