Public Service Regulations (Amendment) 1993 No. 146
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 146
Issued by the authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service Act 1922 (the PS Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Section 22B of the PS Act provides for equal employment opportunity programs in the Australian Public Service. Subsection 22B(13) enables the Public Service Regulations to apply section 22B to a Commonwealth authority the staff of which are not employed under the PS Act.
Regulation 70AA of the Public Service Regulations provides that Commonwealth authorities listed in Schedule 1AA of those Regulations are authorities to which section 22B of the PS Act applies.
The Pipeline Authority (the Authority) is such an authority, appearing as item 15 of Schedule 1AA. In association with other reforms being implemented in respect of the Authority, in accordance with a Government decision, the Authority is being removed from section 22B coverage and will come under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 (the EEO Act) from 1 July 1993. The EEO Act applies to nearly all Commonwealth authorities with staff employed outside the PS Act which are not covered by section 22B and which have 40 or more employees; the Authority will automatically be covered by the EEO Act when it loses coverage under the PS Act.
Details of the proposed Regulations are as follows:
Regulation 1 of the Regulations provides that they will commence on 1 July 1993.
Regulation 2 is a formal provision.
Regulation 3 provides that item 15 (ie the Authority) of Schedule 1AA to the Public Service Regulations is omitted.
Overview
The Public Service Regulations (Amendment) 1993 No. 146, issued by the authority of the Prime Minister, amends the Public Service Regulations to align with a Government decision to transition the Pipeline Authority from coverage under section 22B of the Public Service Act 1922 to the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. This change addresses the need to streamline equal employment opportunity obligations for Commonwealth authorities with staff employed outside the Public Service Act. The regulation aims to ensure that the Pipeline Authority, which meets the criteria for coverage under the EEO Act, will be subject to the appropriate equal employment opportunity requirements from 1 July 1993. The overarching policy objective is to harmonise the regulatory framework governing equal employment opportunities across different Commonwealth authorities, thereby maintaining consistency and efficacy in the application of these provisions.
Scope and Application
The Public Service Regulations (Amendment) 1993 No. 146 applies to the specific context of equal employment opportunity programs within the Australian Public Service (APS) as governed by the Public Service Act 1922. It pertains to the Pipeline Authority, a Commonwealth authority listed in Schedule 1AA of the Public Service Regulations, which is being removed from the purview of section 22B of the PS Act. This regulation is designed to align the Authority's compliance with the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, effective from 1 July 1993. The amendment removes the Authority from the PS Act's coverage and automatically subjects it to the EEO Act, applicable to Commonwealth authorities with 40 or more employees whose staff are not employed under the PS Act. The regulations were issued under the authority of the Prime Minister and aim to streamline the application of equal employment opportunity provisions across relevant authorities.
Key Provisions
The Public Service Regulations (Amendment) 1993 No. 146, which amend the Public Service Regulations under the Public Service Act 1922, include specific provisions regarding the Pipeline Authority's coverage under equal employment opportunity (EEO) programs. Regulation 3 of the amending regulations removes the Pipeline Authority from the list of authorities covered by section 22B of the PS Act, which mandates EEO programs in the Australian Public Service. This change takes effect from 1 July 1993. The removal of the Pipeline Authority from the scope of section 22B is in line with the decision to transition its EEO responsibilities to the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, which applies to Commonwealth authorities with 40 or more employees whose staff are not employed under the PS Act.
The amendments impose certain obligations on the Pipeline Authority and other affected entities. Under the Public Service Regulations, the Pipeline Authority was previously required to implement EEO programs as prescribed under section 22B of the PS Act. However, with the commencement of the amending regulations on 1 July 1993, the Pipeline Authority will no longer be subject to these requirements under the PS Act. Instead, the Pipeline Authority will need to comply with the EEO provisions under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, which includes preparing an annual EEO report and developing an EEO plan, among other obligations.
Failure to comply with the EEO requirements under the amended regulations may result in civil or criminal consequences. Under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987, non-compliance with the EEO reporting and planning requirements can lead to fines. The maximum penalty for contravening the EEO provisions is specified in section 46 of the EEO Act, which provides for a fine of up to $11,100 for individuals and $55,500 for bodies corporate. These penalties underscore the importance of adhering to the EEO obligations as mandated by the amended regulations and the EEO Act.