Public Service Regulations (Amendment) 1992 No. 65
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 65
Issued by the authority of the Minister for Industrial Relations for and on behalf 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.
various provisions of the Public Service and Statutory Authorities Amendment Act 1980, which repeal sections of the Act dealing with leave of absence for recreation for officers of the Australian Public Service have been proclaimed. This action was appropriate because a determination has been made under section 82D of the Act which provides for such leave of absence. The determination came into effect on the date of effect of the above-mentioned Proclamation.
The Regulations amend the Public Service Regulations by repealing provisions which were made pursuant to the provisions of the Act dealing with recreation leave.
Regulation 1 of the Regulations provides that they are to commence on 17 March 1992, the day fixed by the abovementioned Proclamation.
Regulation 2 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations.
Regulation 3 of the Regulations corrects a minor clerical error in subregulation 37(2) of the Public Service Regulations.
Regulation 4 of the Regulations corrects an error in the citation of the Audit Act 1901 in regulation 41 of the Public Service Regulations.
Regulation 5 of the Regulations omits the heading to Division II of Part II of the Public Service Regulations and substitutes a new heading appropriate to the regulations remaining in that Division.
Regulations 6 to 26 of the Regulations repeal the regulations in Division II of Part II of the Public Service Regulations which relate to leave of absence for recreation for officers of the Australian Public Service. The provisions are complementary to those in the Act which are being repealed.
Regulation 27 of the Regulations repeals regulation 137 of the Public Service Regulations which provides for recreation leave for employees.
Regulation 28 of the Regulations repeals regulation 137A of the Public Service Regulations which provides for additional recreation leave for employees employed in isolated districts.
Overview
The Public Service Regulations (Amendment) 1992 No. 65 was enacted to amend the Public Service Regulations, specifically in relation to recreation leave for officers of the Australian Public Service. This legislative amendment follows the proclamation of various provisions from the Public Service and Statutory Authorities Amendment Act 1980, which repealed sections of the Public Service Act 1922 concerning leave of absence for recreation. The regulations were issued by the authority of the Minister for Industrial Relations on behalf of the Prime Minister, ensuring that they align with the overarching policy objectives of the Public Service Act. The primary aim of these amendments is to streamline the regulations by removing provisions that are no longer necessary due to the changes in the Act, thereby maintaining the efficiency and relevance of the regulatory framework governing the Australian Public Service.
Scope and Application
The Public Service Regulations (Amendment) 1992 No. 65 applies to officers within the Australian Public Service and any entities or individuals affected by the repealed provisions related to recreation leave. The scope of the amendment is specifically targeted at the regulations governing leave of absence for recreation for officers, aligning with the provisions of the Public Service Act 1922 and the Public Service and Statutory Authorities Amendment Act 1980. These regulations, once amended, will no longer pertain to the management of recreation leave for public service officers, reflecting the changes made by the latter Act. The amendments are intended to streamline the regulatory framework in accordance with recent legislative reforms. The application of these regulations is confined to the Commonwealth jurisdiction, thereby affecting all public service officers across Australia. However, the specific exclusions and exemptions from these regulations are not detailed within the explanatory statement itself but would be found in the regulations themselves. The commencement of these regulations, as per Regulation 1, is set for 17 March 1992, aligning with the effective date of the related proclamation.
Key Provisions
The Public Service Regulations (Amendment) 1992 No. 65, issued under the authority of the Minister for Industrial Relations and on behalf of the Prime Minister, introduce significant changes to the Public Service Regulations. Regulation 2 of these amendments sets out the specific changes, which primarily involve the repeal of regulations relating to leave of absence for recreation for officers of the Australian Public Service. This repeal is in line with the provisions of the Public Service and Statutory Authorities Amendment Act 1980, which have already been proclaimed and came into effect on the same date as the Regulations themselves. Regulation 1 states that the Regulations are to commence on 17 March 1992, the day fixed by the Proclamation. The Regulations also contain minor corrections, such as the correction of a clerical error in subregulation 37(2) and an error in the citation of the Audit Act 1901 in regulation 41, as outlined in Regulations 3 and 4 respectively.
These Regulations impose certain obligations and requirements on the Australian Public Service, most notably by eliminating the provisions that previously governed recreation leave for officers. The repeal of regulations in Division II of Part II of the Public Service Regulations, from Regulation 6 to Regulation 26, signifies that the specific rules and entitlements concerning recreation leave are no longer applicable. Regulation 27 repeals regulation 137, which provided for recreation leave for employees, while Regulation 28 repeals regulation 137A, which provided for additional recreation leave for employees in isolated districts. These changes reflect a shift in policy regarding leave entitlements for officers within the Australian Public Service.
In terms of legal consequences, the Public Service Regulations (Amendment) 1992 No. 65 do not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the amended regulations. The primary effect of these Regulations is the formal repeal of previous provisions, and compliance would naturally involve adherence to the new legislative framework. However, any failure to align with the updated regulations could potentially lead to disputes or challenges regarding leave entitlements, which would need to be resolved through existing administrative or judicial processes. The absence of specified penalties in these Regulations suggests that the focus is on clarifying and streamlining the regulations rather than introducing punitive measures.