Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) Statutory Rules 1984 No. 247 were enacted to address a gap in the application of mobility provisions for certain public servants within the Australian Public Service. The Public Service Act 1922 was the primary legislation, and it authorised the Public Service Board, with the approval of the Governor-General, to make regulations necessary for carrying out or giving effect to the Act. One such regulation was needed to clarify the eligibility of members of the Inter-State Commission, who are appointed by the Governor-General under the Constitution, to be included under the mobility provisions that allow officers to engage in other public employment while retaining certain entitlements. This amendment ensures that any member of the Inter-State Commission who was previously an officer of the Australian Public Service will be covered by the mobility provisions as outlined in Part IV of the Act, thereby addressing the legislative gap identified.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1984 No. 247, issued under the authority of the Public Service Board and approved by the Governor-General, amend the Public Service Regulations to align with the provisions of the Public Service Act 1922. Specifically, these regulations update the definition of 'Commonwealth office' under section 87 of the Act, which is essential for determining eligibility for certain employment provisions under Part IV of the Act. The regulation clarifies that the office of a member of the Inter-State Commission, appointed by the Governor-General under the Inter-State Commission Act 1975, is included in the class of Commonwealth offices. This amendment ensures that any member of the Inter-State Commission who was previously an officer of the Australian Public Service is subject to the mobility provisions in Part IV, which allow officers to engage in other public employment while retaining certain entitlements and rights to return to the Service. These statutory rules apply to officers of the Australian Public Service who hold or have held positions within the Commonwealth, including members of the Inter-State Commission. The regulations extend their application nationally, as they pertain to the Commonwealth's regulatory framework. There are no specific exclusions or thresholds mentioned in these regulations; they primarily serve to refine the definition of Commonwealth office to include the Inter-State Commission members. The application of these rules may be further extended or clarified through subordinate instruments made under the authority of the Public Service Board.

Key Provisions

The main provisions of the Public Service Regulations (Amendment) (No. 2) 2004, as outlined in the Explanatory Statement, involve adding the 'Office of member of the Inter-State Commission' to Schedule 2 of the Public Service Regulations (subsection 3). This amendment is intended to ensure that members of the Inter-State Commission, who are appointed by the Governor-General under the Constitution, are recognised as eligible for the mobility provisions set out in Part IV of the Public Service Act 1922. The Act allows officers of the Australian Public Service to engage in other public employment while retaining certain leave entitlements and rights to return to the Service (subsection 87(1)). By including the Inter-State Commission in Schedule 2, the amendment ensures that those who were previously officers of the Australian Public Service and subsequently become members of the Inter-State Commission are covered by these mobility provisions. The obligations and requirements imposed by these regulations are primarily concerned with the continuity of service and entitlements for officers transitioning between the Australian Public Service and the Inter-State Commission. Officers who move into the role of a member of the Inter-State Commission will retain their eligibility for the leave entitlements and rights to return to the Service as outlined in Part IV of the Public Service Act 1922. This ensures that such officers are not disadvantaged by their transition to a different public employment role. The regulations also necessitate that the Public Service Board, in collaboration with the Governor-General, make necessary amendments to the Public Service Regulations to include the Inter-State Commission, thereby formalising this transition within the regulatory framework. In terms of potential breaches and the associated consequences, the regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, the Public Service Act 1922 and other relevant legislation provide a broader framework within which these regulations operate. Any failure to comply with the provisions of the Public Service Act or the Public Service Regulations could potentially lead to disciplinary actions against the officers involved, including the possibility of dismissal. Additionally, any breaches of employment terms or rights could result in legal actions under the Fair Work Act 2009 or other applicable employment legislation, potentially leading to civil penalties or court orders for reinstatement or compensation.