Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) Statutory Rules 1985 No 383 were enacted to address the transfer of responsibility for the establishment, constitution, and procedures of Disciplinary Appeal Boards from the Public Service Board to the Merit Protection and Review Agency under the Merit Protection (Australian Government Employees) Act 1984. Issued with the authority of the Public Service Board, these regulations amend the Public Service Regulations to reflect this transfer, ensuring that the regulatory framework aligns with the new legislative scheme. The regulations are set to come into effect on 1 January 1986, the same date as the commencement of the Merit Protection Act, as determined by the Executive Council. The policy objective is to streamline the disciplinary process by centralising the authority over appeal committees within the Merit Protection and Review Agency, thereby enhancing the efficiency and effectiveness of the disciplinary review mechanisms for Australian Government employees.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1985 No 383, issued under the authority of the Public Service Board, pertain to the amendment of the Public Service Regulations 1977. The amendments are necessary to reflect changes in the disciplinary process for Australian government employees, as outlined in the Merit Protection (Australian Government Employees) Act 1984. These regulations primarily affect Australian government employees who are subject to disciplinary processes and the establishment of Disciplinary Appeal Committees, instead of the previously existing Disciplinary Appeal Boards. The regulations repeal and amend certain sections of the Public Service Regulations, specifically those related to the establishment, constitution, and procedures of Disciplinary Appeal Boards, and replace them with provisions referring to Disciplinary Appeal Committees under the Merit Protection Regulations. The changes are effective from 1 January 1986, the date set by proclamation for the commencement of the Merit Protection Act provisions relating to Disciplinary Appeal Committees. The regulations also include substitutions and amendments to references to the Public Service Act, the Merit Protection Act, and the Merit Protection Regulations, as well as changes to the roles and responsibilities of the Public Service Board and the Merit Protection and Review Agency.

Key Provisions

The Public Service Regulations (Amendment) Statutory Rules 1985 No. 383, issued with the authority of the Public Service Board, primarily concern the transfer of responsibilities regarding Disciplinary Appeal Boards to the Merit Protection and Review Agency. Section 97(1) of the Public Service Act 1922 allows the Board to make regulations necessary for carrying out the Act, including provisions for the establishment, constitution, and procedures of these boards. However, with the enactment of the Merit Protection (Australian Government Employees) Act 1984, the Agency now takes over these responsibilities, necessitating amendments to the Public Service Regulations. Regulation 1 sets the date for these amendments to take effect, 1 January 1986, the same date that the Merit Protection Act provisions relating to Disciplinary Appeal Committees will come into operation. The amendments, detailed in Regulations 2 to 21, involve both the repeal and amendment of existing regulations from r.139 to r.167. The repeals primarily affect regulations related to Disciplinary Appeal Boards, as these will be replaced by regulations under the Merit Protection Act. Where necessary, the word 'Committee' is substituted for 'Board', and references to the Act, the Merit Protection Act, and the Merit Protection Regulations are updated accordingly. Similarly, 'Agency' or 'Director' (of the Agency) replace references to the 'Public Service Board'. Importantly, provisions concerning Boards of Inquiry, which remain under the control of the Public Service Board, are left unchanged. Additionally, certain amendments reflect changes being made simultaneously to the Public Service Act itself. The obligations imposed by these regulations are primarily on the Public Service Board and the Merit Protection and Review Agency. The Board must ensure that the repealed regulations are no longer applied from 1 January 1986, while the Agency must establish and manage Disciplinary Appeal Committees in accordance with the new regulations under the Merit Protection Act. The Agency is also responsible for ensuring that all procedures and constitutions of these committees are compliant with the newly established regulations. These obligations ensure a smooth transition of responsibilities and maintain the integrity and functionality of the disciplinary process. Breaching these regulations can lead to both civil and criminal consequences. Although specific offences and penalties are not detailed in the provided text, the Public Service Act 1922 and the Merit Protection (Australian Government Employees) Act 1984 may outline various penalties for non-compliance. Typically, such breaches could result in administrative sanctions, fines, or even legal action, depending on the severity and nature of the breach. The exact penalties would be determined by the relevant authorities in accordance with the specific provisions of the Acts and Regulations involved.