EXPLANATORY STATEMENT
STATUTORY RULES 1987 No. 151
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Commissioner
Subsection 97(1) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 76U(2) of the Act enables the minimum retiring age for a class of officers to be fixed by the regulations.
Subsection 76V(2) of the Act enables the maximum retiring age for a class of officers to be fixed by the regulations.
Section 82AG of the Act allows the Secretary of a Department to engage persons as employees under a scheme as part of a special employment program and enables the regulations to prescribe a scheme, being a scheme for enabling persons to gain ability for the purpose of participating in the Australian work-force.
Regulation 165 of the Public Service Regulations (the Regulations) applies the disciplinary provisions of the Public Service Act and Regulations to certain employees.
The statutory rules make three separate amendments to the Public Service Regulations.
The regulations extend the existing early retirement scheme for Air Traffic Controllers and certain other officers performing air traffic control functions, to enable Flight Service Officers, Flight Service Supervisors and the occupants of certain related positions to retire voluntarily from the age of 50 years, and to require the same officers to retire at the age of 60 years.
The regulations add four new programs to those prescribed by the Regulations for the purposes of section 82AG and update the title of an existing prescribed program.
The regulations amend Regulation 165 so as to exclude the operation of the disciplinary provisions of the Act in relation to persons employed under the four new programs.
Details of the regulations are attached.
ATTACHMENT
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Regulation 1 is a formal provision which sets a commencement date of 1 July 1988 for the minimum retiring age component of the early retirement scheme and sets a commencement date of 1 July 1989 for the maximum retiring age component of the early retirement scheme. This is to provide a 12 month transitional period of notice for officers in the relevant class who are aged between 59 and 64 years at 1 July 1988. An officer who is retired immediately upon the commencement of the maximum retiring age provisions will have had at least 12 months notice of the fact.
Regulation 2 cites the Public Service Regulations as the Principal Regulations.
Regulation 3 amends regulation 120B by extending the application of regulation 120B to officers employed in the Flight Service function in flight service classifications and also to the occupants of certain positions in the Flight Service function provided that those officers had at some time prior to occupying the position occupied an office the classification of which was Flight Service Supervisor, Flight Service Officer, Air Traffic Controller or Air Traffic Control Superintendent for a period of more than 10 years.
Paragraph 3(s) amends subregulation 120B(3) to provide for recognition of prior service as a Communications Officer in certain circumstances in determining whether an officer is entitled to early retirement.
A number of the amending paragraphs omit a reference to an office and replace it with a reference to a position. This is to remedy errors in drafting in the Principal Regulations.
The opportunity has been taken to remove references to the Department of Aviation and replace them with references to the newly created Civil Aviation Authority which is the body employing officers in the Flight Service function and Air Traffic Controller function from 1 July 1988.
Regulation 4 amends regulation 71 by substituting an obsolete reference to the Department of Aviation with a reference to the Civil Aviation Authority.
Regulation 5 amends regulation 122, which prescribes schemes for the purposes of section 82AG, by replacing the reference to ‘National Employment Strategy for Aboriginals’ with the new title for the scheme, ‘Aboriginal Employment Development Policy’, and adding four new training schemes. Section 82AG of the Act allows the Secretary of a Department to engage persons as employees under a scheme as part of a special employment program and enables the regulations to prescribe a scheme, being a scheme for enabling persons to gain ability for the purpose of participating in the Australian work-force.
The new schemes are the programs known as:
- the Australian Public Service Post-Secondary Industrial Training Scheme;
- the Australian Public Service Apprenticeship Scheme;
- the Australian Public Service Enrolled Nurse-in-Training Scheme;
- the Australian Public Service Student Nurse Scheme.
In the past there has been confusion in Departments as to the appropriate method of engagement for apprentices and persons in similar training positions. Bringing all the programs together under section 82AG will ensure a consistent approach across Departments.
Regulation 6 amends regulation 165 with the effect that the disciplinary provisions of the Public Service Act and Regulations as they apply to employees are not applicable to persons employed under the schemes prescribed in regulation 122. The amendment is consequential on the amendment to regulation 122.
Regulations 7 and 8 amend Schedules 1D and 1E to the Regulations consequential on the amendment to Regulation 120B.