Public Service Regulations (Amendment) 1993 No. 251
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 251
Issued by the authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Part IV of the Act deals with the rights of officers of the Australian Public Service (APS) who become employed by the Commonwealth outside the provisions of the Act or by certain nonCommonwealth bodies.
For the purposes of Part IV of the Act, the definition of "Commonwealth authority" in subsection 87(1) of the Act includes "(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".
Regulation 169 of the Public Service Regulations provides for bodies corporate which are to be defined as Commonwealth authorities to be specified in Schedule 1 to those Regulations.
Australian Marine Science and Technology Limited (AMSAT) is a company registered under the Corporations Law of the Australian Capital Territory. AMSAT is a consortium of federally funded agencies having an involvement in marine research, development and management which have combined to provide a co-ordinated approach to the international marketing of their consulting skills.
The company will have a number of its own permanent staff, employed outside the provisions of the Act. It is desired that the mobility provisions of Part IV of the Act apply to APS staff who accept employment with the company.
These Regulations add AMSAT to Schedule 1 of the Public Service Regulations for the purposes of Part IV of the Act.
The Regulations commence on gazettal.
Overview
The Public Service Regulations (Amendment) 1993 No. 251, issued by the authority of the Prime Minister, aim to amend the existing Public Service Regulations in order to include Australian Marine Science and Technology Limited (AMSAT) as a Commonwealth authority under the Public Service Act 1922. This amendment is necessary to ensure that the mobility provisions of Part IV of the Act apply to Australian Public Service (APS) officers who accept employment with AMSAT, a consortium of federally funded agencies involved in marine research, development, and management. By adding AMSAT to Schedule 1 of the Public Service Regulations, these amendments seek to address a legislative gap that previously excluded certain non-Commonwealth bodies from the protections and rights afforded to APS officers under the Act. These Regulations came into effect upon their gazettal.
Scope and Application
The Public Service Regulations (Amendment) 1993 No. 251, issued under the authority of the Prime Minister, aims to extend the application of the Public Service Act 1922 to certain non-Commonwealth bodies, specifically Australian Marine Science and Technology Limited (AMSAT). This amendment is necessary as AMSAT, a company registered under the Corporations Law of the Australian Capital Territory, employs some of its staff outside the provisions of the Act and it is intended that the mobility provisions of Part IV of the Act apply to these employees. The inclusion of AMSAT in the schedule of Commonwealth authorities under regulation 169 ensures that the rights and protections afforded to Australian Public Service officers, as outlined in Part IV of the Act, are extended to those who transition to employment with AMSAT. The amendment is effective from the date of gazette, ensuring that the regulations are promptly applied to the specified body.
Key Provisions
The Public Service Regulations (Amendment) 1993 No. 251 introduces amendments to the existing Public Service Regulations, specifically targeting the addition of Australian Marine Science and Technology Limited (AMSAT) to Schedule 1 of the Public Service Regulations. This amendment is made under the authority provided by paragraph 97(1)(aa) of the Public Service Act 1922 (the Act), which allows the Governor-General to make regulations that prescribe matters required or permitted by the Act. The addition of AMSAT to Schedule 1 ensures that AMSAT is recognised as a Commonwealth authority for the purposes of Part IV of the Act, which pertains to the rights of officers of the Australian Public Service (APS) who are employed by entities outside the provisions of the Act or by certain non-Commonwealth bodies.
The obligations imposed by these Regulations on AMSAT and APS officers employed by AMSAT are primarily related to ensuring that the mobility provisions of Part IV of the Act apply. This means that APS officers who accept employment with AMSAT will be entitled to the same rights and protections as they would have if they were still employed under the provisions of the Act. For AMSAT, this includes adhering to the regulatory framework set out in the Public Service Act 1922 and ensuring that any employment practices are consistent with the rights and protections afforded to APS officers under the Act.
Failure to comply with the provisions of the Public Service Act 1922 or the Public Service Regulations can result in both civil and criminal consequences. Under section 111 of the Act, any person who contravenes a provision of the Act or the Regulations can be subject to a penalty. The specific penalties are not detailed in the Explanatory Statement but may include fines or other civil penalties as prescribed by the relevant legislation. Additionally, in cases where the breach involves serious misconduct or maladministration, criminal charges may be applicable, potentially leading to prosecution under the criminal law. The maximum penalties for such offences would depend on the specific nature of the breach and the provisions of other applicable laws.