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10, 72E(2), 74, 82(2), 107(1), 107(2), 108(1), 108B(1), 117(3) and 117A are thus amended; regulation 4B is repealed and sub-regulations 72B(1A) and 100B(1) are omitted, as they comprise definitions which are no longer required.
Overview
The Statutory Rules 1983 No 30, titled "Public Service Regulations (Amendment)," was enacted to address and rectify certain terminological inconsistencies and outdated definitions within the Public Service Act 1922, following amendments made by the Public Service Acts Amendment Act 1982. The Public Service Board, with the approval of the Governor-General, was empowered under Sub-section 97(1) of the Public Service Act 1922 to issue these regulations, ensuring that the administrative framework aligns with the legislative changes. This amendment was necessary to accommodate the new definitions of key terms such as "Department" and "Permanent Head," recognising the evolving structure and roles within the Public Service. The policy objective behind these amendments is to streamline and modernise the regulatory language, thereby facilitating clearer and more efficient administration of public service operations.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No 30 amends the Public Service Regulations to align with the updated definitions of key terms within the Public Service Act 1922, as revised by the Public Service Acts Amendment Act 1982. This amendment applies to entities and personnel within the Commonwealth public service, including departments and statutory officers who are now recognised as Departments in their own right. The regulations specifically target references to Permanent Heads, making necessary adjustments to ensure consistency with the new definitions of 'Department' and 'Permanent Head'. Consequently, various regulations and sub-regulations, such as 10, 72E(2), 74, 82(2), 107(1), 107(2), 108(1), 108B(1), 117(3) and 117A, have been amended, while regulation 4B has been repealed and sub-regulations 72B(1A) and 100B(1) have been omitted as they contain definitions that are no longer applicable. The scope of this amendment is limited to the Commonwealth level, affecting the administration and oversight of public service operations within Australia's federal framework.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 2004 (C2004L01638) bring forth several key amendments to the Public Service Regulations under the Public Service Act 1922. These amendments primarily focus on aligning the regulations with updated definitions introduced by the Public Service Acts Amendment Act 1982. For instance, section 97(1) of the Public Service Act 1922 allows the Public Service Board to make regulations necessary for carrying out the Act, which has been exercised here to update the definitions and references within the regulations. The changes recognise certain statutory officers as heads of their own departments, previously referred to as parts of the Public Service. The definition of ‘Department’ has been revised to reflect this, and distinctions have been made between the general term ‘Permanent Head’ and the ‘relevant Permanent Head’ in relation to specific departments or officers/employees.
Under the new regulations, various references to ‘Permanent Heads’ have been updated to align with these definitions, affecting Regulations 10, 72E(2), 74, 82(2), 107(1), 107(2), 108(1), 108B(1), 117(3) and 117A. Regulation 4B has been repealed, and sub-regulations 72B(1A) and 100B(1) have been omitted as they contain definitions that are no longer necessary. The purpose of these amendments is to ensure that the regulatory framework accurately reflects the current structure and definitions within the Public Service Act.
Entities governed by the Public Service Regulations must ensure their practices and documentation reflect these changes. For example, departments must now clearly identify their heads in accordance with the updated definitions. Personnel involved in the administration and oversight of the Public Service must be aware of the distinctions between general and relevant Permanent Heads. The regulations require that any reference to ‘Permanent Heads’ in existing documents and processes be updated to comply with the new definitions.
Failure to comply with these regulations may result in various consequences, depending on the nature and severity of the breach. While the specific offences and penalties are not detailed in the explanatory statement, breaches of Public Service Regulations generally may lead to administrative penalties, disciplinary actions against public servants, or other corrective measures as deemed necessary by the Public Service Board. The precise penalties would depend on the specific provisions of the regulations being breached and the circumstances of each case. It is essential for all parties involved to stay updated with the amended regulations to avoid potential legal repercussions.