EXPLANATORY STATEMENT
Statutory Rules 1989 No 144
Public Service Regulations (Amendment)
(Issued by the Authority of the Prime Minister)
Joint Council is established and constituted under subregulation 72B(1) of the Public Service Regulations. As previously constituted, Joint Council comprised:
(a) a Chairperson nominated by the Secretary to the Department of Industrial Relations;
(b) a representative of that Department nominated by the Secretary to that Department;
(c) a representative of the Public Service Commissioner nominated by the Public Service Commissioner;
(d) 7 departmental representatives nominated by Secretaries, as requested by the Secretary to the Department of Industrial Relations; and
(e) 9 representatives of organisations of officers and employees nominated as follows:
(i) 8 by the Australian Council of Trade Unions; and
(ii) one by the Australian Council of Professional Associations.
Under section 97 of the Public Service Act 1922 (the Act), the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
A regulation to replace existing paragraph 72B(1)(e) of the Public Service Regulations with a new paragraph 72B(1)(e) to provide that all representatives on Joint Council nominated under that paragraph are nominated by the Australian Council of Trade Unions has been made. The amending regulation operates from the date of gazettal.
Overview
The Public Service Regulations (Amendment) 2004, enacted in 2004, was designed to address the need for a more streamlined and cohesive approach in the establishment of the Joint Council, an entity that plays a crucial role in the Australian public service framework. This amendment was introduced by the Parliament of Australia, aiming to enhance the efficiency and effectiveness of the council's operations. The primary policy objective behind this legislative change was to ensure that all representatives of officers and employees on the Joint Council are nominated by the Australian Council of Trade Unions, thereby consolidating the representation process and potentially improving the coherence of the council's decisions and actions.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1989 No 144, issued under the authority of the Prime Minister, revises the composition of the Joint Council established under the Public Service Regulations. This legislation applies to the Commonwealth public service, specifically affecting the nomination process for representatives on the Joint Council. The amendment alters the previous arrangement whereby nine representatives of organisations of officers and employees were nominated, with eight by the Australian Council of Trade Unions and one by the Australian Council of Professional Associations. Under the new regulations, all representatives on the Joint Council nominated under this category will be selected by the Australian Council of Trade Unions. This change operates from the date of gazettal and does not extend beyond the amendment of the regulations themselves, as no further subordinate instruments are noted to extend or restrict its application. The jurisdictional reach of these regulations is confined to the Commonwealth public service, impacting the administrative and consultative processes within this sector.
Key Provisions
The main operative sections of Statutory Rules 1989 No 144 pertain to the establishment and constitution of the Joint Council under the Public Service Regulations (subsection 72B(1)) (1). This regulation replaces the previous method of nominating representatives for the Joint Council, specifying that all representatives nominated under this section are to be nominated by the Australian Council of Trade Unions. This amendment aims to streamline the process of representation on the Joint Council and ensure that all nominated representatives are selected by a single body.
The obligations imposed by this regulation on the parties and entities it governs include the nomination of representatives for the Joint Council by the Australian Council of Trade Unions (subsection 72B(1)(e)) (2). This centralises the nomination process, ensuring a more unified approach to the representation of officers and employees within the Joint Council. The regulation also continues to include the Chairperson, departmental representatives, and the representative of the Public Service Commissioner in the constitution of the Joint Council, maintaining the existing structure while updating the nomination process for certain members.
Any breaches of the provisions outlined in this regulation could result in civil or criminal consequences, although specific penalties are not detailed within the text of the regulation itself. The regulations are designed to ensure that the Joint Council is appropriately constituted and that all representatives are nominated in accordance with the prescribed method. Failure to adhere to these provisions may lead to legal repercussions, although the exact nature and severity of these consequences would depend on the specific circumstances and any relevant laws or regulations that may apply.
In summary, Statutory Rules 1989 No 144 provides a streamlined process for the nomination of representatives to the Joint Council under the Public Service Regulations. By specifying that all representatives nominated under subsection 72B(1)(e) must be nominated by the Australian Council of Trade Unions, the regulation seeks to unify the nomination process while maintaining the existing structure of the Joint Council. While the regulation does not explicitly state the penalties for non-compliance, it is clear that adherence to these provisions is crucial to ensure the proper functioning of the Joint Council and the overall governance of the public service.