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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 341 was enacted to address the issue of extending or omitting the coverage of Part IV of the Public Service Act 1922 to certain Commonwealth authorities and offices. The Public Service Board, with the approval of the Governor-General, issued these regulations under the authority of sub-section 97(1) of the Act, which empowers the Board to prescribe regulations for carrying out the Act. The policy objective behind these regulations is to ensure that the mobility provisions outlined in Part IV of the Act apply appropriately to officers of the Australian Public Service who may be engaged in other public employment while retaining certain entitlements and rights to return to the Service. Specifically, this amendment omits Qantas Airways Limited from Schedule 1 and the office of Chairman of Qantas Airways Limited from Schedule 2, thus altering the scope of Part IV coverage for future employment with Qantas. However, it is important to note that the entitlements and rights of officers currently covered by Part IV while employed by Qantas are preserved by section 87A of the Act.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 341, issued under the authority of the Public Service Board and with the approval of the Governor-General, make amendments to the Public Service Regulations concerning Part IV of the Public Service Act 1922. This Part of the Act provides for the engagement of Australian Public Service officers in other public employment while preserving certain entitlements and rights for their return to the Service. Specifically, the Regulations address the inclusion and exclusion of entities and positions within the scope of Part IV. Regulation 1 removes Qantas Airways Limited from Schedule 1 of the Public Service Regulations, thereby excluding the company from the coverage of Part IV. Regulation 2 removes the office of Chairman of Qantas Airways Limited from Schedule 2, which similarly excludes this office from Part IV’s provisions. These amendments mean that future engagements of Australian Public Service officers by Qantas Airways Limited and appointments to the office of Chairman will not be subject to the mobility provisions outlined in Part IV of the Act, although existing officers currently covered by Part IV will retain their entitlements and rights under section 87A of the Act.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1986 No 341 introduce changes to the Public Service Regulations, impacting the coverage of Part IV of the Public Service Act 1922. Regulation 1 amends Schedule 1 to the Public Service Regulations by removing Qantas Airways Limited from the list of entities covered under Part IV. This amendment means that any Australian Public Service officers who take up employment with Qantas Airways Limited in the future will not benefit from the mobility provisions in Part IV of the Act. Similarly, Regulation 2 removes the office of Chairman of Qantas Airways Limited from Schedule 2, ensuring that officers appointed to this position will also not be covered by the mobility provisions in Part IV.
Under the amended regulations, officers who are currently employed by Qantas Airways Limited and covered by Part IV will retain their entitlements and rights as stipulated in section 87A of the Public Service Act 1922. This preservation ensures that their employment status and associated benefits remain unaffected by the regulatory changes. The obligations imposed by these amendments primarily concern the administrative process of updating the Public Service Regulations to reflect the decision of Qantas Airways Limited to opt out of the Part IV mobility provisions.
Failure to comply with the provisions of the Public Service Act 1922 and the amended Public Service Regulations could result in various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is reasonable to infer that breaches of the Act could lead to administrative sanctions, including fines or other penalties as prescribed by law. The maximum penalties for such breaches would depend on the specific nature of the violation and the applicable legal provisions.