Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) Statutory Rules 1985 No. 7 were enacted to address the need for streamlined regulation regarding allowances within the Australian Public Service. This piece of legislation was introduced by the Public Service Board, authorised under subsection 97(1) of the Public Service Act 1922, with the approval of the Governor-General. The amendment serves to repeal regulation 87B of the Public Service Regulations, which previously prescribed the payment of a dependant allowance to certain officers, a matter now governed by the Public Service Board Determination 1984/19 made under section 82D of the Act. The policy objective behind this amendment is to ensure that the regulations remain aligned with the current operational requirements and administrative practices of the Public Service Board.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1985 No. 7, issued with the authority of the Public Service Board under sub-section 97(1) of the Public Service Act 1922, pertain to the scope and application of the Public Service Act 1922. The amendment specifically repeals regulation 87B of the Public Service Regulations, which previously provided for a dependant allowance to be paid to certain prescribed officers. This matter is now governed by Public Service Board Determination 1984/19, made under section 82D of the Act. The regulation applies to officers within the Commonwealth public service who are eligible for such allowances, as determined by the Public Service Board. The jurisdictional reach of this amendment is confined to the Commonwealth, impacting federal public service employees. There are no stated exclusions or thresholds in the amendment itself, though the specific criteria for eligibility and the details of the allowance are determined through the Public Service Board Determination. Any further extension or restriction of application is managed through subordinate instruments as authorised by the Public Service Act.

Key Provisions

The key operative sections of the Public Service Regulations (Amendment) Statutory Rules 1985 No. 7 pertain to the repeal of regulation 87B (paragraph 1), which previously dealt with the payment of a dependant allowance to certain prescribed officers. This amendment is due to the matter now being regulated under the Public Service Board Determination 1984/19, as per section 82D of the Public Service Act 1922 (paragraph 2). This repeal ensures that the new Determination now governs the conditions and payment of the dependant allowance, thus updating the regulatory framework to reflect the current administrative structure. The Act imposes specific obligations on the Public Service Board to ensure that all matters required or permitted to be prescribed for carrying out the Public Service Act 1922 are effectively managed. By repealing regulation 87B and aligning with the new Determination, the Board is obligated to ensure that the new provisions are clear and effectively communicate the terms of the dependant allowance. This includes ensuring that all relevant officers and stakeholders are informed of the changes and understand the new requirements and processes under the Determination. Breaching the provisions set out in the Public Service Regulations or failing to comply with the Public Service Board Determination could result in significant consequences. While the specific penalties are not detailed within the statutory rules themselves, the Public Service Act 1922 provides a framework for penalties in cases of non-compliance. These could include fines or other administrative sanctions, depending on the nature and severity of the breach. The precise penalties would be determined in accordance with the Act, taking into account the specific circumstances of the breach and any relevant guidelines or precedents. The statutory rules also clarify that the Public Service Board has the authority to make such amendments under sub-section 97(1) of the Public Service Act 1922, subject to the approval of the Governor-General. This ensures that the Board can respond to changes in administrative needs or practices by updating regulations and determinations as necessary. It underscores the flexibility of the regulatory framework to adapt to new circumstances while maintaining the integrity and effectiveness of the public service provisions. In summary, the Public Service Regulations (Amendment) Statutory Rules 1985 No. 7 focus on the repeal of regulation 87B and the alignment with the Public Service Board Determination 1984/19. The Public Service Board is obligated to ensure that these changes are communicated and implemented effectively, with potential penalties for non-compliance outlined in the Public Service Act 1922. The rules demonstrate the Board's authority to adapt the regulatory framework to better serve the public service's needs.