Public Service Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1987 No. 180

PUBLIC SERVICE REGULATIONS (AMENDMENT)

Issued with the authority of the Public Service Board

Subsection 97(1) of the Public Service Act 1922 (‘the Principal Act’) provides 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 Principal Act.

Subsection 129(2) of the Public Service Legislation (Streamlining) Act 1986 (‘the Streamlining Act’) provides that after the commencement of that section and until a prescribed Commonwealth authority makes other provision, Division 8C of the Principal Act applies, subject to such modifications as are prescribed, in relation to the staff of the Commonwealth authority. The term “prescribed Commonwealth authority” is defined in subsection 129(3) of the Streamlining Act to mean an authority which immediately before the commencement of section 129 was a prescribed Commonwealth authority within the meaning of the Commonwealth Employees (Redeployment and Retirement) Act 1979. The authorities which were so prescribed are:

Australia Council

Aboriginal Development Commission

Albury-Wodonga Development Corporation

Australian Apple and Pear Corporation

Australian Atomic Energy Commission

Australian Capital Territory Electricity Authority

Australian Capital Territory Health Authority

Australian Dried Fruits Corporation

Australian Dairy Corporation

Australian Egg Board

Australian Film Commission

Australian Honey Board

Australian Institute of Criminology

Australian Institute of Marine Science

Australian Meat and Live-stock Corporation

Australian National Gallery

Australian Tobacco Board

Australian Tourist Commission

Australian Trade Commission

Australian Wine and Brandy Corporation

Canberra Commercial Development Authority

Housing Loans Insurance Corporation

Institute of Family Studies

Legal Aid Commission (A.C.T.)

Milk Authority of the Australian Capital Territory

National Capital Development Commission


National Companies and Securities Commission

National Exhibition Centre Trust

National Standards Commission

Parliament House Construction Authority

Division 8C of the Public Service Act was inserted in that Act by the Streamlining Act and came into operation on 20 July 1987. The new Division effectively replaces the Commonwealth Employees (Redeployment and Retirement) Act 1979, providing for the redeployment and retirement of certain officers and employees of the Australian Public Service. The main features of the new provisions are the simplification of procedures generally, rationalisation of appeal rights and the devolution of a number of powers to departmental Secretaries.

The statutory rules prescribe the modifications to Division 8C of the Principal Act in its application to prescribed Commonwealth authorities. The modifications are largely of a formal nature, for example, the substitution of the terms “Board” and “relevant Secretary” by the term “Authority”, and use of the term “employee” rather than “officer”. The modifications do not alter the substance of the legislation. The most significant departures from the form of Division 8C are noted below.

Regulation 1 inserts into the Public Service Regulations a new Division 3, comprised of new regulation 120E, which regulation substitutes the provisions in new Schedule 1F to the Regulations for the provisions of Division 8C of the Principal Act in relation to the staff of prescribed Commonwealth authorities.

Regulation 2 inserts into the Public Service Regulations new Schedule 1F, which is a modified version of Division 8C of the Principal Act. Division 8C has been most significantly modified in the following ways.

• References to the Board or to the relevant Secretary have been conflated where appropriate and have become references to the Authority. At the same time a new section 76ZB has been added, which gives to a prescribed authority a power of delegation in respect of the powers and functions contained in the modified Division 8C. The vesting of all powers and functions in the Authority avoids drafting problems associated with providing a generic term for the chief executive officer of each authority.

• The power to provide for a retiring age lower than 55 years has been removed from section 76U as it is seen as inapplicable to the prescribed authorities: the provision is currently only used in the general Public Service in respect of Air Traffic Controllers.

• Section 76X has been removed as it is not necessary for authorities to have the power to issue administrative instructions, this being a central co-ordinating task,

and the authorities having in any event the power to determine their own terms and conditions in this area

• Section 76ZA is a new section which reproduces the content of regulation 120E of the Public Service Regulations, to provide for the taking of effect of notices of redeployment or retirement.

Overview

The Public Service Regulations (Amendment) Statutory Rules 1987 No. 180 were enacted to address procedural and formal discrepancies in the application of Division 8C of the Public Service Act 1922 to prescribed Commonwealth authorities. These authorities, previously covered under the Commonwealth Employees (Redeployment and Retirement) Act 1979, were transitioned under the Public Service Legislation (Streamlining) Act 1986, leading to the need for regulatory amendments to ensure consistency and clarity in the application of the Public Service Act. The regulations were issued with the authority of the Public Service Board, approved by the Governor-General, and aim to streamline and simplify procedures, while ensuring the substance of the legislation remains unchanged. The primary objective is to ensure that the modified provisions in Division 8C are appropriately adapted to the specific context of the prescribed Commonwealth authorities without altering the core intent of the original legislation.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1987 No. 180 are a set of regulations that amend the Public Service Regulations in relation to prescribed Commonwealth authorities. These authorities, which include entities such as the Australia Council and the Australian Institute of Marine Science, were previously subject to the Commonwealth Employees (Redeployment and Retirement) Act 1979, but are now governed by the Public Service Act 1922 following the enactment of the Public Service Legislation (Streamlining) Act 1986. The amendments made by these regulations primarily serve to modify the language and structure of the provisions of Division 8C of the Principal Act, ensuring that they are appropriately tailored to the specific context of the prescribed authorities, without altering the substantive content of the legislation. This includes changes such as the substitution of terms and the removal of certain powers deemed inapplicable to the authorities, thereby ensuring that the regulations remain effective and relevant for their intended purposes. The regulations have a national jurisdictional reach and apply to the specified authorities and their staff across Australia.

Key Provisions

The Public Service Regulations (Amendment) Statutory Rules 1987 No. 180 primarily modify Division 8C of the Public Service Act 1922, as applied to prescribed Commonwealth authorities under the Public Service Legislation (Streamlining) Act 1986. These modifications, outlined in new regulation 120E and Schedule 1F, were made to tailor the provisions more closely to the specific needs of these authorities while ensuring the substantive changes do not deviate from the original intent of the legislation (Reg. 1, Schedule 1F). These regulations impose a set of obligations and requirements on prescribed Commonwealth authorities. Most notably, they streamline the redeployment and retirement procedures for the staff of these authorities, ensuring that the processes are more efficient and aligned with the authorities’ specific operational contexts. The modifications also include the vesting of powers and functions directly in the authorities, which includes the ability to delegate certain powers under section 76ZB. This centralisation of authority is designed to avoid the drafting complications that arise from attempting to apply a generic term to the chief executive officers of each authority. Furthermore, the authorities are now responsible for determining their own terms and conditions, a task that previously would have required the issuing of administrative instructions (Reg. 1, Schedule 1F, s. 76ZB). The amendments also address the removal of certain powers, such as the ability to set a retiring age lower than 55 years, which was deemed inapplicable to the authorities and only relevant to Air Traffic Controllers within the general Public Service. Additionally, section 76X has been removed as the authorities already have the necessary powers to manage their own terms and conditions without the need for additional administrative instructions (Schedule 1F, s. 76U, s. 76X). The authorities must also comply with section 76ZA, which ensures the effective implementation of notices of redeployment or retirement as per the new regulation 120E. Failure to comply with these regulations could lead to civil or administrative consequences, although the specific penalties are not outlined within the statutory rules. The regulations are designed to ensure that the authorities adhere to the streamlined processes and responsibilities, thereby maintaining the efficiency and effectiveness of the Public Service. Any significant breaches might be subject to further legislative scrutiny or administrative action, but the precise penalties would depend on the nature and severity of the non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.