EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 30
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 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.
Sub-section 4(2) of the Public Service Acts Amendment Act 1982, which came into operation on 5 November 1982, has omitted the definitions of department’ and ‘The Permanent Head’ from the Public Service Act 1922 and substituted definitions for ‘Department’, ‘office of Permanent Head’ , Permanent Head’ and ‘relevant Permanent Head’.
The change to the definition of ‘Department’ recognises that some statutory officers are in charge of parts of the Public Service. These are now known as ‘Departments’ in their own right. The amendments also make a distinction between ‘Permanent Head’ in general and the relevant Permanent Head in relation to a particular Department or officer/employee.
The proposed statutory rules effect ‘machinery’ amendments to the Public Service Regulations by altering references to Permanent Heads where necessary so that they are consistent with the new definitions in the Act. Regulations and sub-regulations 10, 72E(2), 74, 82(2), 107(1), 107(2), 108(1), 108B(1), 117(3) and 117A are thus amended; regulation 4B is repealed and sub-regulations 72B(1A) and 100B(1) are omitted, as they comprise definitions which are no longer required.