EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 469
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
These regulations amend the Public Service Regulations to provide terminology consistent with that inserted in the Act by the Public Service Reform Act 1984. Details of the regulations are set out below.
Regulation 1 amends regulation 138 of the Public Service Regulations to omit all references to ‘temporary’ in relation to employees.
Regulation 2 contains a Schedule of amendments of a similar nature, to a number of regulations. Regulations 46A and 46C are amended to omit references to ‘temporary capacity’ and ‘temporary service’ and substitute appropriate references omitting the adjective ‘temporary’. The heading to Part VIII is amended to substitute “employees for the term ‘temporary employment’. Regulations 121 to 124 (inclusive) and heading to Part X are amended by omitting references to ‘temporary’.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1984 were introduced to ensure the terminology within the Public Service Regulations aligns with that established by the Public Service Reform Act 1984. This legislative amendment was designed to address discrepancies and outdated terminology in the existing regulations, thereby enhancing clarity and consistency within the public service framework. The regulations were enacted by the Public Service Board under the authority granted by the relevant legislature, aiming to streamline and modernise the regulatory language in the Public Service Regulations. The overarching policy objective is to facilitate a more coherent and efficient public service administration by removing redundant and potentially confusing terminology.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984, numbered 469, are designed to bring the terminology of the Public Service Regulations into alignment with that used in the Public Service Reform Act 1984. This legislative amendment applies to all employees within the Commonwealth public service, irrespective of their employment status or the nature of their contracts. The amendment ensures consistency in terminology across the various regulations pertaining to public service employment, removing references to terms such as "temporary" and "temporary employment" to reflect the broader scope of employment conditions under the modernised framework. The regulations extend across the entire Commonwealth jurisdiction, thereby applying uniformly to all federal public service employees and their employment conditions.
These regulations do not introduce any exclusions, exemptions, or specific thresholds beyond the terminology changes outlined. The amendments are direct and explicit, with the purpose of simplifying and modernising the regulatory language. The scope of the amendment is confined to the textual adjustments specified, and it does not extend to the substantive rights or obligations of public service employees. Subordinate instruments may further clarify or implement these changes, but the primary statutory rules focus solely on the linguistic updates to ensure coherence with the broader legislative intent of the Public Service Reform Act 1984.
Key Provisions
The main operative sections of the Public Service Regulations (Amendment) Statutory Rules 1984 No. 469, which are outlined in the Explanatory Statement, focus on ensuring terminology consistency with the Public Service Reform Act 1984. Regulation 1 directly amends regulation 138 of the Public Service Regulations, removing all references to the term ‘temporary’ in relation to employees (Reg 1). Regulation 2, on the other hand, provides a Schedule of amendments to several other regulations, ensuring that terms such as ‘temporary capacity’ and ‘temporary service’ are updated accordingly (Reg 2). Additionally, it modifies the heading to Part VIII to reflect these changes by replacing the phrase ‘temporary employment’ with more appropriate terminology (Reg 2). Further amendments are made to regulations 121 to 124 and the heading to Part X, removing references to the word ‘temporary’ to maintain consistency across the document (Reg 2).
The obligations imposed by these regulations are primarily centred around the uniform updating of terminology within the Public Service Regulations. The regulations mandate that any reference to ‘temporary’ in relation to employees, temporary capacity, temporary service, and temporary employment be omitted and replaced with appropriate terminology (Regs 1 and 2). This uniformity in language is crucial to ensuring that the Public Service Regulations align with the terminology introduced by the Public Service Reform Act 1984. The amendments are designed to enhance clarity and coherence in the regulatory framework governing public service employment.
The Statutory Rules 1984 No. 469 do not explicitly outline specific offences, penalties, or consequences for breaches of the amended regulations. However, non-compliance with regulations governing public service employment could potentially lead to broader administrative or legal repercussions. For instance, if the amendments are not properly implemented, it might result in confusion or misinterpretation of employment terms, which could affect the administration of public service roles and responsibilities. While the specific regulations do not detail penalties, any resultant issues from non-compliance could lead to investigations, corrective actions, or further amendments to ensure regulatory adherence.
In summary, the Public Service Regulations (Amendment) Statutory Rules 1984 No. 469 are focused on ensuring that the terminology used within the Public Service Regulations aligns with that of the Public Service Reform Act 1984. By amending specific regulations and parts of the document, these rules mandate a uniform update of terminology related to temporary employment. While the rules themselves do not specify penalties for non-compliance, the importance of these amendments suggests that adherence is crucial for the smooth operation of public service regulations.