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.