EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 277
Public Service Regulations (Amendment)
Issued by the authority of the Minister for Industrial Relations for and on behalf of the Prime Minister
Subsection 97(1) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 22B of the Act provides for the development of equal employment opportunity programs in Departments. Subsection 22B(13) provides that the regulations may provide that section 22B of the Act shall apply to and in relation to a Commonwealth authority.
Regulation 70AB of the Public Service Regulations provides that section 22B of the Act applies to the Australian Broadcasting Corporation (the Corporation).
The Corporation has advised that it would be more appropriate for it to develop and implement an Equal Employment Opportunity program under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. That Act requires certain Commonwealth authorities to promote equal opportunity in employment for women and persons in designated groups. The Minister for Industrial Relations has approved the transfer of the Corporation to coverage by that Act.
The definition of ‘authority’ in the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 excludes a Commonwealth authority in relation to which section 22B of the Public Service Act 1922 applies.
The attached Public Service Regulations (Amendment) (the amending Regulation) omits regulation 70AB, and thereby removes the Corporation as a body to which the equal employment opportunity provisions of the Public Service Act apply. Details are:
Regulation 1 provides for a commencement date of 1 September 1990.
Regulation 2 provides for the amendment of the Public Service Regulations.
Regulation 3 provides that regulation 70AB be omitted.