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The Statutory Rules repealed regulation 171AA and inserted new sub-regulations 171AA(1) and 171AA(2) into the Public Service Regulations.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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 29 were enacted to amend the Public Service Regulations in order to address a gap in the eligibility of certain employment for officers within the Australian Public Service. This legislation was introduced under the authority of the Public Service Board, in accordance with sub-section 97(1) of the Public Service Act 1922. The main problem this amendment sought to address was the exclusion of employment by the Australian Aircraft Consortium Pty. Limited from the officers' mobility scheme outlined in Part IV of the Act. Prior to this amendment, officers of the Australian Public Service who wished to be employed by the Australian Aircraft Consortium were required to resign from the Service or seek leave without pay. This regulation sought to rectify this by bringing employment with the Australian Aircraft Consortium within the officers' mobility scheme, thereby allowing these officers to retain certain leave entitlements and rights to return to the Service.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 29 apply to officers and employees of the Australian Public Service who wish to be employed by Australian Aircraft Consortium Pty. Limited, a body corporate with a one-third Commonwealth shareholding. This legislation is an amendment to the Public Service Regulations, made under the authority of the Public Service Board, and with the approval of the Governor-General, pursuant to sub-section 97(1) of the Public Service Act 1922. It 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, thereby allowing eligible officers to retain certain leave entitlements and rights to return to the Australian Public Service. The opportunity has also been taken to correct an error in a previous regulation regarding Calvary Hospital A.C.T. Incorporated. However, the regulations do not extend to other entities unless they meet the criteria set out in section 87B of the Act, which requires satisfaction of terms and conditions of employment and superannuation arrangements by the Public Service Board and the Minister for Finance or an authorised officer.
Key Provisions
The key provisions of the Statutory Rules relate to the Public Service Regulations and their amendment to include Australian Aircraft Consortium Pty. Limited as a body corporate eligible for officers of the Australian Public Service to engage in public employment. Section 97(1) of the Public Service Act 1922 allows the Public Service Board to make regulations with the Governor-General's approval, and these regulations must be necessary or convenient for carrying out the Act. Part IV of the Act enables officers to engage in other public employment while retaining certain leave entitlements and rights to return to the Service. Specifically, Section 87 defines eligible employment, including employment by a body corporate with a Commonwealth pecuniary interest, as prescribed by regulation.
The obligations imposed on the Public Service Board by the Statutory Rules include ensuring that regulations are made to facilitate the mobility of officers within the public sector. This entails ensuring that the Board is satisfied with the terms and conditions of employment by the particular body, and that the Minister for Finance or an authorised officer is satisfied about the superannuation arrangements. For Australian Aircraft Consortium Pty. Limited, the Board confirmed the eligibility of employment terms and superannuation benefits, leading to its inclusion in the officers' mobility scheme.
Failure to comply with the regulations could result in significant consequences. Although the Act does not explicitly detail offences or penalties within the Statutory Rules, non-compliance with Public Service Regulations could lead to disciplinary actions, loss of entitlements, or other administrative penalties as outlined in the Public Service Act 1922. Additionally, incorrect references or oversights in regulatory amendments, if not rectified, could lead to legal challenges or require further amendments to ensure compliance and clarity in the law.
The Statutory Rules ensure that Australian Aircraft Consortium Pty. Limited is recognised as a body corporate for the purposes of the officers' mobility scheme, thus aligning with the overarching aim of the Public Service Act 1922 to facilitate seamless transitions between different public sector roles. By prescribing this entity, the regulations provide a clear framework for officers seeking employment with the Consortium while retaining their leave entitlements and rights to return to the Australian Public Service.