EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 112
Public Service Act 1922
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 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 that Act.
Section 5 of the Australian Bureau of Statistics Act 1975 establishes the Bureau and the office of Australian Statistician. Section 7 provides for the Statistician’s appointment by the Governor-General. Section 16 provides that, apart from the Public Service Act staff of the Bureau, the Statistician may engage, in accordance with regulations under the Census and Statistics Act 1905, persons to assist in carrying out his functions.
Regulation 6 of the Census Regulations provides for the appointment of officers, including Census Field Officers, for the purpose of the taking and collection of the Census.
Part IV of the Public Service Act provides a means by which officers of the Australian Public Service may engage in other public employment whilst retaining certain leave entitlements and rights to return to the Service.
Section 87 of the Public Service Act sets out various forms of eligible public employment for the purposes of Part IV of that Act. In particular it provides that employment by a Commonwealth authority, that is, by a body established for a public purpose by a law of the Commonwealth, constitutes eligible public employment. In addition, paragraph 87(2)(m) provides that a reference to employment by a Commonwealth authority shall be read as including a reference to employment as the holder of an appointment, in the service of the Commonwealth, being an appointment prescribed for the purposes of that paragraph.
Regulation 172 of the Public Service Regulations provides that the appointments specified in Schedule 4 of the Regulations are prescribed for the purposes of paragraph 87(2)(m) of the Public Service Act.
These statutory rules amend Schedule 4 by prescribing an appointment as a Census Field Officer under the Census Regulations as employment by a Commonwealth authority for the purposes of paragraph 87(2)(m) of the Public Service Act. The effect of the amendment will be to ensure that officers of the Service engaged as Census Field Officers for a period will be covered by Part IV of the Public Service Act and will thus retain
certain leave entitlements and the right to return to the Service in accordance with the provisions of Part IV of the Act. It is considered necessary to prescribe engagements made by the Australian Statistician because the Statistician, whilst appointed by the Governor-General under the Australian Bureau of Statistics Act, does not constitute a Commonwealth authority for the purposes of the definition of eligible public employment in that he is not a body established (as distinct from appointed) under a law of the Commonwealth.
Overview
The Public Service Regulations (Amendment) Statutory Rules 2004 were introduced to address a specific gap in the Public Service Act 1922 concerning the eligibility of officers engaged as Census Field Officers under the Census Regulations. Enacted with the authority of the Public Service Board and approved by the Governor-General, these regulations aim to ensure that officers of the Australian Public Service who are temporarily engaged as Census Field Officers retain their leave entitlements and the right to return to the Service. This amendment reflects the need to clarify the status of such officers within the scope of eligible public employment as defined by the Public Service Act, thereby providing them with the same protections and rights as other officers of the Australian Public Service.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 pertain to officers of the Australian Public Service who are engaged as Census Field Officers under the Census Regulations. These regulations are amendments to the Public Service Regulations and are made under the authority of the Public Service Act 1922. The amendment prescribes an appointment as a Census Field Officer under the Census Regulations as employment by a Commonwealth authority for the purposes of paragraph 87(2)(m) of the Public Service Act. This ensures that officers of the Service engaged as Census Field Officers retain their leave entitlements and the right to return to the Service, in accordance with the provisions of Part IV of the Public Service Act. The amendment is necessary because the Australian Statistician, who engages the Census Field Officers, is not considered a Commonwealth authority under the definition of eligible public employment as he is not a body established by a Commonwealth law. The regulation applies to officers of the Australian Public Service and is national in scope, affecting the entirety of the Commonwealth of Australia.
Key Provisions
The primary sections of the statutory rules, as outlined in the explanatory statement, pertain to the amendment of Schedule 4 of the Public Service Regulations under the Public Service Act 1922. Specifically, regulation 172 is being modified to include the appointment of Census Field Officers under the Census Regulations as a form of employment by a Commonwealth authority. This inclusion ensures that officers engaged in this role retain their leave entitlements and the right to return to the Public Service, as stipulated in Part IV of the Public Service Act (sections 87 and 97(1)). This amendment reflects the need to align the specific engagements made by the Australian Statistician with the broader framework of public employment defined under the Public Service Act.
The obligations imposed by these rules require officers of the Australian Public Service who are appointed as Census Field Officers to be covered under the provisions of Part IV of the Public Service Act. This ensures that these officers maintain their employment rights, such as leave entitlements, and the ability to return to their original positions within the Public Service. Additionally, the regulations necessitate that the Australian Statistician, who is appointed by the Governor-General under the Australian Bureau of Statistics Act 1975, engages personnel under the regulations of the Census and Statistics Act 1905. This engagement must align with the definitions set out in the Public Service Act to ensure compliance with the statutory framework.
The explanatory statement does not explicitly mention any offences, penalties, or consequences for breach within the statutory rules themselves. However, it is understood that failure to comply with the Public Service Act and its regulations could result in administrative or legal consequences, depending on the specific breach. The Public Service Act generally outlines the disciplinary actions and penalties that may apply to officers for non-compliance with its provisions. Given that the regulations focus on ensuring that officers retain their entitlements and rights, any significant non-compliance could potentially lead to legal actions or disciplinary measures as prescribed under the broader Public Service Act.