EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 98
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 provides 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 or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to amend those regulations.
The statutory rules amend regulation 100B which prescribes the conditions for approval as a student for the purposes of the fees reimbursement scheme. Sub-regulation 100B(3) currently places a restriction on these approvals that is at variance with studies assistance policy. The regulation allows Chief Officers to approve studies assistance only when the proposed course of study ‘will enhance both the capacity of the Department to carry out its functions and the efficient and economical use of staff resources in the Service as a whole.’ It is proposed that the regulation allow approval when either of these conditions is satisfied.