Statutory Rules
1977 No. 62
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Administrator, the following Regulations.
Dated this fifth day of May, 1977.
K. SHANN
Chairman.
D. LINEHAN
Commissioner.
J. C. TAYLOR
Commissioner.
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated this twentieth day of May, 1977.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
MICHAEL MACKELLER
Minister of State for Immigration and Ethnic Affairs for and on behalf of the Prime Minister.
Amendments of the Public Service Regulations†
Modification of Act.
1. Regulation 120b of the Public Service Regulations is amended by inserting in paragraph (a), after the figures “ 50,”, the figures “ 50a,”.
Preservation of rights.
2. Regulation 120f of the Public Service Regulations is amended by omitting all words after the word “ him ” and substituting the following words:—
“ immediately before he ceased to—
* Notified in the Australian Government Gazette on 25 May 1977.
† Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1977, No. 9 and see also Statutory Rules 1977, Nos. 9, 12, 15 and 57.
(a) serve in the Public Service of the Northern Territory;
(b) hold an office or appointment that is a prescribed office or appointment for the purposes of the definition of ‘ relevant person ’ in sub-section 84c (3) of the Act; or
(c) be employed as, as a member of, or by, an institution, organization or body that is a prescribed institution, organization or body for the purposes of that definition,
as the case may be.”.
Prescribed offices and institutions, &c.
3. Regulation 120h of the Public Service Regulations is amended—
(a) by inserting in paragraph (b), after the figures “ 1928,”, the words “ each office or appointment under a law of a Territory that is a prescribed Territory law within the meaning of that Act,”; and
(b) by inserting in paragraph (d), after the figures “ 1928,”, the words “ each institution, organization or body created by a law of a Territory that is a prescribed Territory law within the meaning of that Act.”.
Overview
Statutory Rules 1977 No. 62, made under the Public Service Act 1922, were enacted by the Public Service Board and subsequently approved by the Administrator, A.R. Cutler, on 20 May 1977. These regulations address the need to amend existing public service regulations to better align with contemporary public service requirements and definitions within the Northern Territory and other prescribed territories. The policy objective is to ensure that the rights and definitions pertinent to public service roles are preserved and accurately reflected in the regulations. By amending specific sections such as 120b, 120f, and 120h, the regulations aim to clarify and update the criteria for certain public service positions, thereby maintaining the integrity and functionality of the public service framework.
Scope and Application
The Statutory Rules 1977 No. 62, made under the Public Service Act 1922, are regulations that modify the Public Service Regulations, specifically addressing provisions related to the Public Service of the Northern Territory. These regulations apply to individuals and entities associated with the Public Service of the Northern Territory, including those who hold or have held certain prescribed offices or appointments, as well as institutions, organisations, or bodies created by a law of a Territory that is considered a prescribed Territory law. The regulations' scope is confined to the Commonwealth level, with specific amendments tailored to the Northern Territory context. The regulations do not explicitly state exclusions, but they are intended to preserve rights and clarify the definition of 'relevant person' by specifying the conditions under which these rights apply. The application of these regulations is further extended or restricted through subordinate instruments, as indicated by the modifications to Regulation 120b, 120f, and 120h, which incorporate additional offices, appointments, and institutions under specific legislative frameworks.
Key Provisions
The statutory rules amend the Public Service Regulations under the Public Service Act 1922 by modifying Regulation 120b, inserting a new figure “50a” after the existing figure “50” (section 1). Additionally, Regulation 120f is amended to clarify the rights of individuals who have ceased to serve in the Public Service of the Northern Territory, hold a prescribed office or appointment, or be employed by a prescribed institution, organisation, or body (section 2). Regulation 120h is further amended to include offices and appointments under a law of a Territory that is a prescribed Territory law and institutions, organisations, or bodies created by such laws (section 3).
These amendments impose specific obligations on individuals who meet the criteria outlined in the regulations, ensuring their rights are preserved in relation to their service or employment history. They also clarify the scope of prescribed offices and institutions, requiring compliance with the definitions and criteria set out in the Public Service Act 1922.
Failure to comply with these regulations may lead to legal consequences. While specific offences, penalties, or civil/criminal consequences are not detailed within the provided text, breaches of regulations under the Public Service Act 1922 could potentially result in disciplinary action, fines, or other penalties as prescribed by law. The maximum penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any relevant subordinate legislation.