EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 341
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 be engaged in other public employment whilst retaining certain entitlements and rights to return to the Service. Part IV applies to officers employed by a “Commonwealth authority” which is defined in sub-section 87(1) as including:
“(b) a body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a body corporate in which the Commonwealth has a controlling interest and which is declared by the regulations to be a Commonwealth authority for the purposes of this Part;”.
Part IV also applies to a holder of a “Commonwealth office” which is defined in sub-section 87(1) as including:
“(b) any other office or appointment the holder of which is appointed by the Governor-General, or by a Minister, being an office or appointment declared by the regulations to be a Commonwealth office…. for the purposes of this Part…”.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides:
“Where an Act confers a power to make….any instrument (including …. regulations ….) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions…. to repeal, rescind, revoke, amend or vary any such instrument.”.
By Statutory Rule No. 35 of 1981 Qantas Airways Limited was included in Schedule 1 to the Public Service Regulations and the office of Chairman of Qantas Airways Limited was included in Schedule 2 to the Public Service Regulations. The effect was that Part IV coverage was extended to the company and to the office of Chairman.
Qantas Airways Limited no longer wishes to be covered by Part IV of the Act.
Regulation 1 amended Schedule 1 to the Public Service Regulations by omitting the reference to Qantas Airways Limited from the Schedule.
Regulation 2 amended Schedule 2 to the Public Service Regulations by omitting the reference to the office of Chairman of Qantas Airways Limited from the Schedule.
The effect of the amendment to the Regulations is that officers of the Australian Public Service who take up employment with Qantas Airway Limited in the future will not be covered by the Part IV mobility provisions of the Act. Similarly, an officer of the Australian Public Service who is appointed to the office of Chairman of Qantas Airways Limited will not be covered by the Part IV mobility provisions.
The entitlements and rights of officers who are currently covered by Part IV while employed by Qantas are preserved by section 87A of the Act.