EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 247
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 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.
Part IV of the Act provides a means by which officers of the Australian Public Service may engage in other public employment whilst retaining certain leave entitlements and rights to return to the Service.
Section 87 of the Act sets out various forms of eligible employment for the purposes of Part IV of the Act. In particular it provides that employment as the holder of a ‘Commonwealth office’ constitutes eligible employment. ‘Commonwealth office’ is defined in sub-section 87(1) as:
‘(a) an office or appointment the holder of which is appointed by the Governor-General ... under a law of the Commonwealth ...; or
(b) any other office or appointment the holder of which is appointed by the Governor-General,... being ... included in a class of offices or appointments declared by the regulations to be a class of Commonwealth offices, for the purposes of this Part ...’.
The Constitution provides for the establishment of an Inter-State Commission (s.101) and the appointment of its members by the Governor-General (s.103). The Inter-State Commission Act 1975 provides that the Commission shall consist of a President and 2 other members.
The making of a regulation pursuant to paragraph (b) of the definition of ‘Commonwealth office’ was considered necessary as members of the Inter-State Commission, who are appointed by the Governor-General under the Constitution, are not appointed within the meaning of paragraph (a) of the definition.
These statutory rules therefore add ‘Office of member of the Inter-State Commission’ to Schedule 2 of the Public Service Regulations, to ensure that any members who immediately before appointment were officers of the Australian Public Service will be covered by the Part IV mobility provisions.