Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) (No. 2) 1990, issued under the authority of the Minister for Industrial Relations, was enacted to address the overlap and redundancy in equal employment opportunity (EEO) requirements between the Public Service Act 1922 and the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. The Australian Broadcasting Corporation (ABC) had been subject to EEO provisions under the Public Service Act, but it has been deemed more appropriate for the ABC to develop and implement its own EEO program under the latter Act, which specifically mandates equal employment opportunities for women and individuals in designated groups. The amendment to the Public Service Regulations removes the ABC from the scope of the equal employment opportunity provisions in the Public Service Act, thereby aligning its EEO program with the requirements of the Equal Employment Opportunity (Commonwealth Authorities) Act. This change aims to streamline the EEO obligations for the ABC and ensure consistency with the broader legislative framework governing EEO in Commonwealth authorities.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1990 No. 277, issued under the authority of the Minister for Industrial Relations, amend the Public Service Regulations to exclude the Australian Broadcasting Corporation from the scope of equal employment opportunity provisions under the Public Service Act 1922. Previously, regulation 70AB of the Public Service Regulations had applied section 22B of the Act to the Corporation, requiring it to develop equal employment opportunity programs. However, the Corporation has indicated a preference to develop and implement such programs under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, which mandates certain Commonwealth authorities to promote equal opportunity in employment for women and designated groups. Consequently, the Minister for Industrial Relations has approved the transfer of the Corporation to the coverage of the latter Act. This amendment is effective from 1 September 1990, with regulation 2 of the amending Regulation providing for the amendment of the Public Service Regulations and regulation 3 omitting regulation 70AB, thereby excluding the Corporation from the scope of the equal employment opportunity provisions under the Public Service Act 1922.

Key Provisions

The Public Service Regulations (Amendment) 1990 (No. 277) primarily focus on the modification of the Public Service Regulations to exclude the Australian Broadcasting Corporation (ABC) from the scope of the equal employment opportunity provisions under the Public Service Act 1922 (the Act). This amendment is made pursuant to the authority granted under section 97(1) of the Act, which allows the Governor-General to make regulations for the purposes of the Act, and section 22B, which pertains to the development of equal employment opportunity programs within Departments. The amendment directly concerns regulation 70AB, which previously applied section 22B of the Act to the ABC. The amendment entails the omission of regulation 70AB (Regulation 3), thereby removing the ABC from the bodies to which the equal employment opportunity provisions of the Public Service Act apply. This change aligns with the ABC's request to develop and implement its own Equal Employment Opportunity program under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, a move approved by the Minister for Industrial Relations. The Equal Employment Opportunity (Commonwealth Authorities) Act 1987, which mandates certain Commonwealth authorities to promote equal employment opportunity for women and designated groups, excludes any Commonwealth authority to which section 22B of the Public Service Act applies. This exclusion necessitates the amendment to the Public Service Regulations to facilitate the transfer of the ABC's obligations under the Public Service Act to the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. The obligations imposed by this amendment on the ABC include developing and implementing an Equal Employment Opportunity program compliant with the requirements of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. This involves ensuring that the program promotes equal opportunity in employment, addressing any disparities faced by women and designated groups within the organisation. The ABC must adhere to the legislative requirements and guidelines stipulated in the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 to fulfil its obligations. In terms of consequences, the Public Service Regulations (Amendment) does not explicitly state penalties for non-compliance with the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. However, breaches of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 may lead to various civil or criminal consequences depending on the nature and severity of the breach. The specific penalties are outlined in the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 and can include fines and other sanctions as prescribed by the relevant laws. The precise maximum penalties would be detailed within the provisions of that Act.