EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 340
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 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 entitlements and rights to return to the Service. Part IV applies to officers employed by a “public authority” which is defined in sub-section 87(1) as including:
“(b) a body corporate, other than a Commonwealth authority, in which the Commonwealth or a Commonwealth authority has a direct or indirect pecuniary interest, being a body corporate prescribed by the regulations for the purposes of this paragraph;”.
ANUTECH Pty. Limited (ANUTECH) was established by the Australian National University (ANU) in 1979 in order to meet needs in regard to relationships with outside bodies, such relationships covering government, commerce and industry.
ANUTECH is a company incorporated in the ACT, and is a wholly-owned subsidiary of the ANU. The ANU is a “Commonwealth authority” as defined in sub-section 87(1) of the Act.
ANUTECH therefore falls within paragraph (b) of the definition of “public authority” in sub-section 87(1) of the Act and may be prescribed by the regulations.
Paragraph 1(b) amended Schedule 3A to the Public Service Regulations by inserting ANUTECH Pty. Limited in the Schedule. The opportunity was taken in paragraph 1(a) and regulation 2 to provide for minor drafting corrections to the headings to Schedules 3A and 3B to the Public Service Regulations.
The effect of prescription is that officers of the Australian Public Service employed by ANUTECH will be covered by the Part IV mobility provisions of the Act, which give protection as to conditions of service and right of return to the Service.
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 that will be applicable to employees employed by the public authority; 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 employees employed by the public authority. The Board and the officer authorised by the Minister for Finance are satisfied as required in relation to ANUTECH.