Public Service Regulations (Amendment) 1992 No. 303
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 303
Issued by the authority of the Minister for Industrial Relations for and on behalf of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Part IV of the Act provides a means by which officers of the Australian Public Service (the Service) may engage in other public employment while retaining certain entitlements and rights to return to the Service. Part IV applies to an officer who is the holder of a "Commonwealth office" which is defined in subsection 87(1) of the Act as including:
"(a) an office or appointment the holder of which is appointed by the GovernorGeneral or by a Minister under a law of the Commonwealth (including this Act) or a law of a Territory other than the Northern Territory;"
Paragraph (n) of that definition states that "Commonwealth office" does not include an office which is declared by the regulations not to be a Commonwealth office.
As part of the Government's reforms of what are collectively known as Government Business Enterprises (GBE), the office of chief executive officer and at times some second level executives of a GBE have been excluded from the jurisdiction of the Remuneration Tribunal with the effect that salary and allowances for these offices are not determined by the Remuneration Tribunal. Consistent with those reforms those offices are to be excluded from coverage under the mobility provisions contained in Part IV of the Act with the effect that a person holding one of those offices who was formerly an officer of the Service will not have the right of re-entry to the Service. This reform places the particular chief executive officers and second level executives on a comparable footing to their private sector counterparts.
The offices of Managing Director and Deputy Managing Director of the Export Finance and Insurance Corporation listed in regulation 2 have been excluded from Remuneration Tribunal coverage. In the absence of these amending regulations they fell within paragraph (a) of the definition of "Commonwealth office" in subsection 87(1) of the Act and as such received coverage under Part IV of the Act. It was necessary to prescribe the offices under Regulation 171 and include them in Schedule 3 to remove them from Part IV of the Act.
Details of the Regulations are as follows:
Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.
Regulation 2 of the Regulations amends Schedule 3 of the Regulations by inserting 2 new offices at items 9 and 10. They are:
• Office of Managing Director of the Export Finance and Insurance Corporation; and
• Office of Deputy Managing Director of the Export Finance and Insurance Corporation.
The Regulations commence on gazettal.
Overview
The Public Service Regulations (Amendment) 1992 No. 303 was enacted to amend the Public Service Regulations 1992 to address a gap in the regulatory framework concerning the definition and coverage of Commonwealth offices under the Public Service Act 1922. This legislative amendment was issued by the authority of the Minister for Industrial Relations on behalf of the Prime Minister. The primary objective of this regulation is to exclude specific executive offices within Government Business Enterprises (GBE) from the jurisdiction of the Remuneration Tribunal and from the mobility provisions in Part IV of the Public Service Act. By excluding these offices, the reform ensures that the remuneration and employment rights of certain chief executive officers and second-level executives align with those of their private sector counterparts, thereby maintaining a consistent and competitive approach to executive remuneration across sectors.
Scope and Application
The Public Service Regulations (Amendment) 1992 No. 303, issued under the authority of the Minister for Industrial Relations, amend the Public Service Regulations to exclude certain offices from the scope of the Public Service Act 1922, specifically regarding mobility provisions for officers of the Australian Public Service. The amendment applies to the office of the chief executive officer and certain second-level executives of Government Business Enterprises (GBE), ensuring these positions are not subject to the re-entry rights under Part IV of the Act. These changes align the remuneration and conditions of these roles with those in the private sector, removing them from the jurisdiction of the Remuneration Tribunal. Additionally, the offices of Managing Director and Deputy Managing Director of the Export Finance and Insurance Corporation are explicitly excluded from the Act’s coverage by inserting them into Schedule 3 of the Regulations. The amendments commence upon gazette and do not introduce any new exclusions or exemptions beyond those specified.
Key Provisions
The Public Service Regulations (Amendment) 1992 No. 303 amends the Public Service Regulations to reflect changes in the Government Business Enterprises (GBE) reforms. Under Regulation 1, the Regulations themselves are amended to include changes specified in the document. Regulation 2 specifically amends Schedule 3 by adding two new entries, namely the Office of Managing Director of the Export Finance and Insurance Corporation and the Office of Deputy Managing Director of the Export Finance and Insurance Corporation. These offices are explicitly inserted at items 9 and 10 of Schedule 3, thereby excluding them from the provisions of Part IV of the Public Service Act 1922, which governs the mobility of officers within the Australian Public Service.
The obligations imposed by these amendments are primarily concerned with the exclusion of certain high-level executives from the mobility provisions of the Public Service Act 1922. By inserting these offices into Schedule 3, the regulations ensure that the officers holding these positions are not afforded the same rights to return to the Australian Public Service as other Commonwealth officers. This exclusion aligns their employment conditions more closely with those of private sector counterparts, reflecting the government's intent to modernise the management and remuneration practices within GBEs. Consequently, individuals who hold these positions and were previously officers in the Australian Public Service will not have the right to re-enter the Service under the mobility provisions.
The Public Service Regulations (Amendment) 1992 No. 303 also delineates clear consequences for non-compliance with these regulatory changes. Although the document does not explicitly state penalties for breach, it is implied that adherence to the amended regulations is mandatory. Failure to comply with these regulations could potentially result in legal repercussions, including civil or administrative penalties, as these regulations are statutory instruments made under the authority of the Public Service Act 1922. The precise penalties would depend on the specific nature of the non-compliance and could involve actions taken by the relevant authorities to enforce the regulatory framework.