EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 208
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (the Act) provides, inter alia, 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 or giving effect to the Act.
The purpose of these Regulations is twofold -
• regulation 1 is a technical amendment which omitted a reference to a provision of the Superannuation Act 1922 and substituted a correct reference to a provision of the Superannuation Act 1976 in regulation 55 of the Public Service Regulations; and
• regulation 2 repealed regulation 62 of the Public Service Regulations and inserted new regulations 62, 63 and 64. (The previous regulation 62 was made redundant by the repeal of sections 73 and 74 of the Act, in relation to furlough, and the introduction of the Long Service Leave (Commonwealth Employees) Act 1976.)
Sub-section 68F(3) of the Act provides that the regulations may provide that allowances of a specified kind are to be included in salary for the purposes of sections 68 to 68E (inclusive) of the Act.
Sub-section 68F(4) of the Act provides that the regulations may specify the extent to which payments in accordance with and of the sections from section 68 to section 68E (inclusive) of the Act are to include amounts by way of an allowance.
Regulation 2 inserted regulation 63 into the Public Service Regulations to provide for district allowance to be included in any salary that is payable in lieu of a recreation leave credit under sections 68B and 68C where the allowance would have been payable had the officer taken the recreation leave.
Regulation 2 inserted regulation 64 into the Public Service Regulations to provide that payments in accordance with the sections of the Act which cover payment in lieu of recreation leave shall include any allowance that would have been payable to an officer if the officer had commenced recreation leave rather than accepting a payment in lieu of a recreation leave credit.
Regulation 2 inserted regulation 62 into the Public Service Regulations to define terms used in new regulations 63 and 64.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 208 were enacted to address technical and transitional issues arising from changes in related legislation, such as the Superannuation Act 1976 and the Long Service Leave (Commonwealth Employees) Act 1976. The Public Service Board, authorised by sub-section 97(1) of the Public Service Act 1922, introduced these amendments to ensure regulatory consistency and effectiveness. One of the key purposes of the amendments was to update references within the Public Service Regulations to align with the more recent Superannuation Act and to repeal and replace redundant regulations related to furlough, which had been superseded by newer legislation. This amendment ensures that the Public Service Regulations continue to provide a comprehensive and legally sound framework for the administration of public service matters in line with contemporary legislative standards.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 208 applies to persons employed in the Commonwealth public service, and the regulations are made under the authority of the Public Service Board with the approval of the Governor-General, pursuant to subsection 97(1) of the Public Service Act 1922. The Regulations primarily serve to correct and update the Public Service Regulations to reflect changes in related legislation, such as the Superannuation Act 1976, and the repeal of certain sections of the Public Service Act 1922. The Regulations also extend to include provisions regarding the inclusion of allowances in salary and payments in lieu of recreation leave, as outlined in sections 68 to 68E of the Public Service Act 1922, and are intended to ensure that allowances are properly accounted for in salary and payments where applicable. The Regulations have a national jurisdictional reach, applying to all Commonwealth public servants regardless of their location within Australia. The Regulations do not explicitly outline exclusions, exemptions, or thresholds; however, the application of the Regulations may be further defined through subordinate instruments, which may provide additional detail or clarification on specific provisions.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 208 primarily address technical amendments and updates to the Public Service Regulations, with specific references to section 97(1) of the Public Service Act 1922. Regulation 1 corrects an outdated reference in regulation 55, replacing the reference to the Superannuation Act 1922 with the correct reference to the Superannuation Act 1976. Regulation 2, meanwhile, repeals the old regulation 62 and introduces new regulations 62, 63, and 64 to reflect the changes in law regarding furlough and the introduction of the Long Service Leave (Commonwealth Employees) Act 1976.
These regulations impose specific obligations on Commonwealth employees and the Public Service Board. For example, regulation 63 requires that a district allowance be included in any salary paid in lieu of a recreation leave credit, under sections 68B and 68C of the Act, if the allowance would have been payable had the officer taken the recreation leave. Similarly, regulation 64 ensures that payments in lieu of recreation leave include any allowance that would have been payable if the officer had taken the leave, as per the sections of the Act covering such payments. Regulation 62 provides definitions for terms used in regulations 63 and 64, clarifying their scope and application.
Failure to comply with these regulations could lead to various consequences, though specific penalties are not detailed in the explanatory statement. The Public Service Board has the authority to enforce these regulations, and breaches might result in disciplinary actions or other administrative penalties as stipulated within the broader framework of the Public Service Act 1922. The precise nature of the penalties would depend on the severity of the breach and the internal policies of the Public Service Board.