EXPLANATORY STATEMENT
Statutory Rules 1982 No 30
Public Service Regulations (Amendment)
Issued with the authority of the Public Service Board
Paragraph 97(1)(j) of the Public Service Act 1922 provides, in part, that the Public Service Board may, with the approval of the Governor-General, make regulations to prescribe the allowances which may be paid to officers and employees.
Sub-section 82D(1) of the Public Service Act, as amended by the Public Service and Statutory Authorities Amendment Act 1980, provides that the Board may, by instrument in writing, determine the terms and conditions of employment of officers and employees. Subparagraph 82D(4) (a) (i) of the Public Service Act provides, in part, that a determination under sub-section 82D(1) may make provision for and in relation to the allowances of officers and employees.
Sub-section 82D(2) of the Public Service Act specifies, in part, that where a determination is inconsistent with a provision of the Public Service Regulations, that provision shall prevail and the determination shall, to the extent of the inconsistency, be of no force or effect.
The Public Service Board proposes that provisions dealing with the entitlement of officers and employees to allowances in respect of camping and in respect of residence in Woomera and the Woomera Rocket Range area should be determined under section 82D of the Act. It is proposed that such a determination, which will increase the amount of the allowances payable in relation to camping and will provide for the payment of district allowance in relation to residence in the Woomera Rocket Range area, take effect from 29 January 1982.
These Statutory Rules amend from that date the Public Service Regulations by repealing the regulations dealing with those allowances, thereby enabling the proposed determination to take effect.
Regulation 1 of the Statutory Rules provides for commencement on 29 January 1982.
Regulation 2 repeals Public Service Regulations 89 and 103A, which provide for the payment of the camping and Woomera allowances.
Overview
The Statutory Rules 1982 No 30, titled Public Service Regulations (Amendment), were enacted in 1982 to address a gap in the Public Service Regulations concerning the allowances for officers and employees in relation to camping and residence in Woomera and the Woomera Rocket Range area. This legislation was introduced by the Public Service Board with the authority of the Public Service Act 1922 and the approval of the Governor-General. The policy objective was to enable the Board to determine the terms and conditions of employment, including allowances, for public service officers and employees, ensuring consistency with the Public Service Act and addressing specific regional allowances that were previously regulated but needed updating. The amendments, effective from 29 January 1982, involved repealing certain regulations to allow for new determinations under section 82D of the Public Service Act.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982 No 30 apply to officers and employees within the Commonwealth public service, specifically those eligible for camping and Woomera allowances. These rules were enacted to facilitate changes to the terms and conditions of employment concerning allowances, in line with the provisions of the Public Service Act 1922. The amendments, which took effect from 29 January 1982, involve repealing certain regulations to enable the Public Service Board to determine updated allowances through an instrument in writing. This amendment allows for the adjustment of allowances, including increasing the amount payable for camping and introducing a district allowance for residence in the Woomera Rocket Range area. The reach of these regulations is confined to the Commonwealth jurisdiction and is directly tied to the Public Service Act, ensuring consistency with broader public service policies. The regulations explicitly repeal the former allowances but do not otherwise provide for exclusions, exemptions, or thresholds, leaving such determinations to the Public Service Board’s discretion under the Act.
Key Provisions
The main operative sections of these Statutory Rules (1982 No. 30) are sections 1 and 2. Section 1 (1) specifies that the Statutory Rules commence on 29 January 1982. Section 2 (2) repeals the existing regulations, namely Public Service Regulations 89 and 103A, which previously governed the payment of allowances for camping and residence in Woomera and the Woomera Rocket Range area. By repealing these regulations, the Statutory Rules enable the proposed determination under section 82D of the Public Service Act to take effect on the same date.
The obligations and requirements imposed by these Statutory Rules are primarily concerned with the repeal of existing regulations regarding allowances. Specifically, the Board is required to ensure that the regulations governing the payment of allowances for camping and residence in Woomera and the Woomera Rocket Range area are no longer in effect as of 29 January 1982. This repeal facilitates the implementation of the proposed determination under section 82D of the Public Service Act, which will govern the new terms and conditions for these allowances.
There are no specific offences, penalties, or civil/criminal consequences mentioned within these Statutory Rules for breach. The primary focus is on the repeal of existing regulations and the commencement of new terms and conditions for the allowances in question. The consequences of non-compliance with the new determination under section 82D of the Public Service Act would be governed by the provisions of that Act, rather than by these Statutory Rules themselves. Therefore, any breaches or non-compliance would be subject to the penalties and consequences outlined within the Public Service Act.