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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1984, enacted to address a specific legislative gap, were issued under the authority of the Public Service Board. This amendment aimed to include Calvary Hospital ACT Incorporated within the officers' mobility scheme outlined in Part IV of the Public Service Act 1922. The gap targeted by these regulations was the need to allow officers of the Australian Public Service to engage in employment with Calvary Hospital while retaining certain entitlements and rights to return to the Service, without requiring them to resign or seek leave without pay. By inserting regulation 171AA into the Public Service Regulations, Calvary Hospital ACT Incorporated was prescribed as a body corporate for the purposes of paragraph (d) of the definition of ‘public authority’ in sub-section 87(1) of the Act. This amendment was made possible by satisfying the conditions set out in Section 87B of the Act, which required the Public Service Board and the authorised officer of the Minister for Finance to be satisfied with the terms and conditions of employment and superannuation arrangements for employees at the Hospital.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 436 amends the Public Service Regulations to bring Calvary Hospital ACT Incorporated within the officers' mobility scheme under the Public Service Act 1922. This amendment allows officers and employees of the Australian Public Service who are employed by Calvary Hospital to retain certain leave entitlements and rights to return to the Service, provided they meet the criteria outlined in Section 87 of the Act. Calvary Hospital ACT Incorporated, which is incorporated under the Associations Incorporation Ordinance 1953 (ACT) and managed by the Capital Territory Health Commission, is now prescribed as a body corporate under the definition of ‘public authority’ in sub-section 87(1) of the Act. The amendment inserts regulation 171AA into the Public Service Regulations, ensuring that the Board and the relevant Minister are satisfied with the terms and conditions of employment and superannuation arrangements for employees at the Hospital. This change applies specifically to officers and employees of the Australian Public Service who seek employment at Calvary Hospital ACT Incorporated, extending the existing mobility scheme to include this institution.
Key Provisions
The primary sections of this legislation introduce a new regulation into the Public Service Regulations, specifically regulation 171AA. This regulation designates 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 Public Service Act 1922 (the Act). By doing so, it brings employment with the hospital within the officers' mobility scheme outlined in Part IV of the Act, allowing officers of the Australian Public Service to engage in such employment while retaining certain leave entitlements and rights to return to the Service (s. 87).
This Act imposes obligations on the Public Service Board and the Minister for Finance or their authorised officers. The Board must ensure that it is satisfied with the terms and conditions of employment offered by the hospital, while the Minister for Finance or their authorised officer must be satisfied with the arrangements for superannuation benefits for employees working at the hospital (s. 87B). These conditions must be met before the Board can make any regulations under the Act.
The legislation does not explicitly state any offences, penalties, or consequences for breaches. However, the Act and its regulations are intended to ensure that any employment with prescribed bodies such as Calvary Hospital ACT Incorporated adheres to the required standards. Failure to meet these standards could potentially lead to legal consequences, although the specific penalties for non-compliance are not detailed in the explanatory statement. The overarching objective of the Act is to facilitate the mobility of public service officers while maintaining certain employment benefits, ensuring that any deviations from the prescribed terms and conditions could be subject to review or corrective action under the Act.