EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 436
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.
Part IV of the Act provides a means by which officers of the Australian Public Service may engage in other public employment whilst retaining certain leave entitlements and rights to return to the Service.
Section 87 of the Act sets out various forms of eligible employment for the purposes of Part IV of the Act. In particular, it provides that employment by a body corporate prescribed by regulation for the purposes of paragraph (d) of the definition of ‘public authority’ in sub-section 87(1), constitutes eligible public employment.
Calvary Hospital is a body corporate, incorporated under the Associations Incorporation Ordinance 1953 (ACT), and managed under directions given from time to time by the Capital Territory Health Commission. Officers and employees of the Australian Public Service who wish to be employed by the Hospital are currently required to resign from the Service or to seek leave without pay.
It is desired to bring employment with Calvary Hospital ACT Incorporated within the officers’ mobility scheme set out in Part IV of the Act. The Hospital does not fall within the definition of ‘Commonwealth Authority’ in sub-section 87(1) of the Act, but it does fall within paragraph (d) of the definition of ‘public authority’ in that sub-section.
These statutory rules insert regulation 171AA into the Public Service Regulations. This regulation prescribes Calvary Hospital ACT Incorporated as a body corporate for the purposes of paragraph (d) of the definition of ‘public authority’ in sub-section 87(1) of the Act.
Section 87B of the Act provides, inter alia, that the Board shall not make a regulation for the purposes of the definition of ‘public authority’ unless the Board is satisfied as to the terms and conditions of employment of relevant employees by the particular body, and the Minister for Finance or an officer authorised by him is satisfied about the arrangements that have been made for benefits under the Superannuation Act 1976 in relation to the employment of relevant employees by that body. The Board and the officer authorised by the Minister for Finance are satisfied as required in relation to Calvary Hospital ACT Incorporated.