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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 340 were enacted to address the need to extend the applicability of the Public Service Act 1922 to officers employed by ANUTECH Pty. Limited, a wholly-owned subsidiary of the Australian National University. This amendment was introduced to ensure that the officers of the Australian Public Service who are employed by ANUTECH are covered by the mobility provisions of Part IV of the Act, thus protecting their conditions of service and their rights to return to the Public Service. The Public Service Board, authorised under sub-section 97(1) of the Act, made these regulations with the approval of the Governor-General, ensuring compliance with the terms and conditions of employment and superannuation benefits as required by section 87B of the Act. The satisfaction of these conditions by the Board and the authorised officer from the Minister for Finance ensures that the officers retain their entitlements while employed by ANUTECH.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1986 No 340, made under the authority of the Public Service Board and approved by the Governor-General, specifically extend the scope of the Public Service Act 1922 to include ANUTECH Pty. Limited, a wholly-owned subsidiary of the Australian National University. This amendment is significant as it allows officers of the Australian Public Service employed by ANUTECH to benefit from Part IV of the Act, which provides for their engagement in other public employment while retaining certain entitlements and rights to return to the Service. The amendment was enacted following a determination that ANUTECH, being a company incorporated in the ACT and having a pecuniary interest from the Commonwealth, falls within the definition of a "public authority" as outlined in sub-section 87(1) of the Act. The Public Service Board and the relevant officer of the Minister for Finance were satisfied that the terms and conditions of employment, as well as superannuation arrangements, were adequately addressed for ANUTECH employees, thus enabling this extension of regulatory coverage.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 340, issued under the authority of the Public Service Board, make amendments to the Public Service Regulations. These amendments pertain to the definition and scope of "public authority" under sub-section 87(1) of the Public Service Act 1922. Specifically, Schedule 3A of the Public Service Regulations is amended to include ANUTECH Pty. Limited as a public authority. This inclusion ensures that officers of the Australian Public Service (APS) who are employed by ANUTECH are covered by the mobility provisions outlined in Part IV of the Act, which protect their conditions of service and right to return to the Service.
The inclusion of ANUTECH Pty. Limited as a public authority under the regulations imposes several obligations on both the Public Service Board and ANUTECH. The Board must ensure that the terms and conditions of employment for APS officers working at ANUTECH comply with the requirements of the Public Service Act. Additionally, the Board must be satisfied that the arrangements for superannuation benefits under the Superannuation Act 1976 are adequate for these officers. The Minister for Finance, or an authorised officer, must also confirm that these arrangements meet the necessary standards. ANUTECH, as a public authority, must ensure that its employment practices align with these regulatory requirements to maintain the entitlements and protections afforded to APS officers.
Failure to comply with the provisions of the Public Service Act or the Public Service Regulations can result in significant consequences. Under the Act, breaches of the regulations can lead to both civil and criminal penalties. The specific penalties depend on the nature and severity of the breach. For example, if an employer fails to comply with the conditions for superannuation benefits, they could face fines and other financial penalties. Additionally, officers who are denied their rights under the mobility provisions may have grounds to seek legal redress, which could result in compensation or other remedies. The exact penalties for non-compliance are detailed in the relevant sections of the Act and the regulations.