EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 29
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (the Act) provides, inter alia, 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.
Part IV of the Act provides a means by which officers of the Australian Public Service may engage in other public employment whilst retaining certain leave entitlements and rights to return to the Service.
Section 87 of the Act sets out various forms of eligible employment for the purposes of Part IV of the Act. In particular it provides that employment “by a body corporate… in which the Commonwealth…has a…pecuniary interest” and which is prescribed by regulation for the purposes of paragraph (b) of the definition of “public authority” in sub-section 87(1), constitutes eligible public employment.
Australian Aircraft Consortium Pty. Limited is a body corporate, incorporated under the Companies Ordinance 1962 with a one-third Commonwealth share-holding through the Government Aircraft Factories, and as such falls within paragraph (b) of the definition of “public authority” in sub-section 87(1). Officers and employees of the Australian Public Service who wish to be employed by the Consortium were previously required to resign from the Service or to seek leave without pay.
Employment with Australian Aircraft Consortium Pty Limited has now been brought within the officers’ mobility scheme set out in Part IV of the Act.
The Statutory Rules repealed regulation 171AA and inserted new sub-regulations 171AA(1) and 171AA(2) into the Public Service Regulations. Sub-regulation 171AA(1) prescribes Australian Aircraft Consortium Pty Limited as a body corporate for the purposes of paragraph (b) of the definition of “public authority” in sub-section 87(1) of the Act. Sub-regulation 171AA(2) contains the prescription of the Calvary Hospital A.C.T. Incorporated which was previously contained in the former regulation 171AA. The opportunity has been taken in these Statutory Rules to amend an incorrect reference in the former regulation 171AA, to ‘1933’ to read ‘1953’.
Section 87B of the Act provides, inter alia, that the Board shall not make a regulation for the purposes of the definition of “public authority” unless the Board is satisfied as to the terms and conditions of employment of relevant employees by the particular body, and the Minister for Finance or an officer authorised by him is satisfied about the arrangements that have been made for benefits under the Superannuation Act 1976 in relation to the employment of relevant employees by that body. The Board and the officer authorised by the Minister for Finance were satisfied as required in relation to Australian Aircraft Consortium Pty. Limited.