Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) Statutory Rules 1984 No. 142, issued under the authority of the Public Service Board, were enacted to address the need for terminology in the Public Service Regulations to align with the changes introduced by the Public Service Acts Amendment Act 1982 and the Public Service Reform Act 1984. These Acts aimed to modernise the structure and nomenclature of the Australian Public Service, which necessitated corresponding amendments to the regulations. The objective of these statutory rules is to ensure that the terminology within the regulations is consistent with the new legislative framework, thereby facilitating a seamless integration of the changes into the operational aspects of the public service. The Public Service Board, empowered by sub-section 97(1) of the Public Service Act 1922 and sub-section 33(3) of the Acts Interpretation Act 1901, introduced these amendments to ensure the regulations are updated and reflective of the legislative reforms. By replacing the term "Permanent Head" with "Secretary" and removing references to the abolished Divisional structure, these regulations aim to streamline the public service terminology and administration, aligning them with the contemporary governance requirements and practices.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1984 No. 142, made under the authority of the Public Service Board, apply to the entire Australian Public Service (APS) and are designed to bring the Public Service Regulations in line with amendments made by the Public Service Acts Amendment Act 1982 and the Public Service Reform Act 1984. This legislation primarily affects the terminology used within the APS by abolishing the office of “Permanent Head” and replacing it with the office of “Secretary”, and by removing references to the Divisional structure of the APS following the abolition of this structure. These changes are intended to modernise and streamline the terminology used within the APS, ensuring that it reflects the current organisational structure and nomenclature. The regulations apply nationally across the Commonwealth of Australia, affecting all entities and personnel within the APS. The scope of the Act is further extended by sub-section 33(3) of the Acts Interpretation Act 1901, which allows for the variation of these regulations unless the contrary intention is specified. While the regulations are comprehensive in their application across the APS, they do not explicitly state any exclusions, exemptions, or specific thresholds. The amendments are intended to ensure consistency and clarity in the language used across all APS documentation and practices, thereby facilitating more effective governance and administration within the public service.

Key Provisions

The Public Service Regulations (Amendment) Statutory Rules 1984 No. 142, issued under the authority of the Public Service Board, amend the Public Service Regulations to modernise the terminology in line with the changes introduced by the Public Service Acts Amendment Act 1982 and the Public Service Reform Act 1984. Specifically, section 1 of the regulations replaces the term "Permanent Head" with "Secretary" throughout the regulations (section 1). Additionally, section 2 omits references to the Divisional structure of the Australian Public Service, reflecting the abolition of this structure (section 2). These changes ensure that the regulations are consistent with the updated terminology and structure as outlined in the Public Service Act. The amended regulations impose several obligations on public servants and entities governed by the Public Service Act. Firstly, the replacement of "Permanent Head" with "Secretary" requires that all references to the head of a department or agency in the regulations now use the term "Secretary" (section 1). This change ensures that there is a clear and consistent understanding of the roles and responsibilities of department heads across all regulatory documents. Secondly, the omission of references to the Divisional structure necessitates that any previous obligations or requirements related to divisional operations are now considered in terms of the new organisational framework (section 2). Public servants must therefore adapt to the new terminology and structure as outlined in the regulations. Failure to comply with the amended regulations could result in various consequences. While the specific section of the Public Service Act that details offences, penalties, or consequences for non-compliance with regulations is not provided in the explanatory statement, it is reasonable to infer that breaches of regulations may be subject to disciplinary action under the Public Service Act. Such actions could include warnings, fines, or other administrative penalties, depending on the severity and nature of the breach. Additionally, persistent or significant non-compliance could lead to more severe consequences, potentially including termination of employment for public servants. However, the exact nature and extent of these penalties are not detailed in the explanatory statement provided.