EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 311
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 provides that the Public Service Board may, with the approval of the Governor-General, make regulations to prescribe all matters which are required or permitted to be prescribed for giving effect to the Act.
Paragraph 50(8A)(b) of the Act provides that where an appeal is made against a provisional promotion to an office having a rate of salary which exceeds a rate prescribed for the purposes of sub-section 50(8A) of the Act, a Promotions Appeal Committee shall make a report on the claims of the parties to the Public Service Board, which shall determine the appeal. Regulation 109H of the Public Service Regulations prescribes the rate of salary for the purposes of sub-section 50(8A) of the Act. It has been long-standing practice to set the rate at $1 less than the rate of salary applicable to an office of Level 1, Second Division.
In accordance with the above these Statutory Rules amended regulation 109H by increasing the prescribed rate of salary from $40,499 to $42,241 to reflect the recent National Wage Case decision of the Full Bench of the Conciliation and Arbitration Commission.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1983 No. 311, issued with the authority of the Public Service Board, were enacted to amend the Public Service Regulations in line with recent legislative and economic changes. This amendment was necessary to address the gap caused by the need to update the prescribed salary rates for certain public service positions to reflect the most recent decisions of the Conciliation and Arbitration Commission. The Public Service Act 1922 empowers the Public Service Board, with the approval of the Governor-General, to make regulations that give effect to the Act. The specific policy objective of this amendment was to ensure that the salary rates prescribed in the regulations align with the current economic standards and decisions made by the Full Bench of the Conciliation and Arbitration Commission, thus maintaining fair and updated remuneration for public service roles.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No 311, issued under the authority of the Public Service Board and in accordance with sub-section 97(1) of the Public Service Act 1922, apply to all public service employees and officers within the Commonwealth jurisdiction. These regulations specifically address the salary threshold for provisional promotions to offices exceeding a prescribed rate, as outlined in paragraph 50(8A)(b) of the Public Service Act 1922. Regulation 109H, which has been amended to adjust the prescribed salary rate from $40,499 to $42,241, reflects the recent National Wage Case decision by the Full Bench of the Conciliation and Arbitration Commission. This amendment ensures the salary threshold remains consistent with current wage determinations. The changes apply nationally across the Commonwealth public service, and no specific exclusions or exemptions are noted within the text. The regulations may be further extended or restricted through subordinate instruments as required by the Public Service Board.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 2004 (No. 311) primarily amend Regulation 109H (sub-section 109H) of the Public Service Regulations. This amendment adjusts the prescribed rate of salary, which is relevant in the context of provisional promotions and appeals as outlined in sub-section 50(8A) of the Public Service Act 1922. Specifically, Regulation 109H now sets the salary rate at $42,241, up from the previous rate of $40,499. This change follows the recent National Wage Case decision by the Full Bench of the Conciliation and Arbitration Commission.
These regulations impose certain obligations on the parties involved in provisional promotions and subsequent appeals. Under the amended Regulation 109H, any provisional promotion to a position with a salary rate exceeding the newly prescribed amount must be evaluated in light of the salary threshold. The Promotions Appeal Committee, as per sub-section 50(8A)(b) of the Act, is required to prepare a detailed report on the claims of the parties involved. This report is then subject to the Public Service Board's review and determination, as stipulated in the Act.
Breach of these regulations or failure to comply with the prescribed salary thresholds may have legal ramifications. Although the specific civil or criminal consequences for non-compliance are not detailed in the Explanatory Statement, it is implied that adherence to the Public Service Regulations is critical. Non-compliance could potentially lead to disputes or legal actions regarding provisional promotions, given the regulatory framework that governs these processes.
The precise penalties for breaches are not explicitly stated within the text of the Explanatory Statement. However, given the context of public service regulations, penalties might range from fines to more severe administrative actions, depending on the nature and severity of the breach. The maximum penalties would likely be determined by the Public Service Act 1922 or related legislative instruments, which could include financial penalties or other sanctions deemed appropriate by the Public Service Board.