EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 141
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 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, for carrying out or giving effect to the Act.
The statutory rules have amended provisions in the Public Service Regulations (‘the Regulations’) which make reference to the Public Service (Salaries) Regulations. The Public Service (Salaries) Regulations were repealed on the day on which the statutory rules came into operation. Accordingly, the statutory rules have made the necessary consequential amendments to regulations 62 and 109CA of the Regulations.
The statutory rules have also amended sub-regulation 33E (1) of the Regulations by inserting a new provision. Regulation 33E provides a review mechanism which may be used by an officer to seek reviews of specified decisions affecting the officer. The new provision in sub-regulation 33E (1) added two further categories of decisions which may be reviewed under the regulation 33E mechanism. These categories are: (a) a decision of the Permanent Head to defer an increment to which an officer would otherwise have been entitled; and (b) decisions of the Permanent Head to refuse an application by an officer for the grant of a subsequent increment that would have been payable to the officer but for the deferment. Further, the statutory rules have amended sub-regulation 33E(4) to make a consequential amendment.
Finally, the proposed statutory rules have repealed sub-regulations 87(1), (13), (14) and (15) of the Regulations. The matters provided for in these sub-regulations are now provided for in a Public Service Board determination under section 82D of the Act. This determination came into operation on the day the sub-regulations were repealed.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1984 were introduced to address the need for updating and streamlining the Public Service Regulations in accordance with the Public Service Act 1922. Enacted by the Public Service Board with the authority of the Governor-General, these rules were designed to make consequential amendments to existing regulations, particularly in response to the repeal of the Public Service (Salaries) Regulations. The policy objective of these statutory rules is to ensure that the regulatory framework governing the public service remains current and efficient, facilitating the ongoing administration and implementation of the Act. This includes enhancing review mechanisms for officers regarding decisions on salary increments and other specified matters. The amendments reflect a commitment to maintaining an effective and transparent regulatory environment for public service governance.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 141, issued with the authority of the Public Service Board and approved by the Governor-General, pertain to amendments in the Public Service Regulations which are consequential to the repeal of the Public Service (Salaries) Regulations. These regulations apply to officers within the Commonwealth public service and are aimed at streamlining the review mechanism for specific decisions made by the Permanent Head concerning salary increments. The amendments address the deferral of increments and refusals of subsequent increment applications, providing officers with additional avenues for review under regulation 33E. Additionally, the regulations include consequential amendments to other provisions within the Public Service Regulations, reflecting changes in the regulatory framework necessitated by the repeal of the Public Service (Salaries) Regulations. These amendments ensure that the regulatory provisions remain effective and relevant, thereby facilitating the ongoing administration of public service matters within the Commonwealth.
Key Provisions
The main operative sections of the statutory rules (C2004L01605) concern amendments to the Public Service Regulations (1984 No. 141). These amendments were made under the authority of the Public Service Board, as per sub-section 97(1) of the Public Service Act 1922 (the Act). The key amendments include updating references in regulations 62 and 109CA of the Regulations to remove references to the now repealed Public Service (Salaries) Regulations. Furthermore, sub-regulation 33E(1) of the Regulations has been amended by inserting a new provision that adds two further categories of decisions which may be reviewed by officers: decisions of the Permanent Head to defer an increment (section 33E(1)(a)) and decisions to refuse an application for a subsequent increment (section 33E(1)(b)). Sub-regulation 33E(4) has also been amended to reflect these changes. Additionally, sub-regulations 87(1), (13), (14) and (15) have been repealed, with the matters previously governed by these sub-regulations now addressed in a Public Service Board determination under section 82D of the Act.
These amendments impose obligations on the Public Service Board to ensure that the Regulations are updated to reflect the repeal of the Public Service (Salaries) Regulations. The Board must also ensure that officers have the right to review certain decisions made by the Permanent Head, as outlined in the amended sub-regulation 33E. Furthermore, the Board must ensure that the new determination under section 82D of the Act adequately addresses the matters previously covered by the repealed sub-regulations 87(1), (13), (14) and (15). This includes ensuring that the determination provides clear guidance on these matters, and that officers are aware of the changes.
The statutory rules do not explicitly state any offences, penalties, or consequences for breaches of the amended Regulations. However, it is important to note that failure to comply with the Regulations could potentially lead to disciplinary action under the Public Service Act 1922. This could include actions such as reprimand, suspension, demotion, or termination of employment, depending on the severity of the breach. Additionally, officers who believe that their rights under the Regulations have been infringed may seek a review under sub-regulation 33E, or may pursue legal action in the appropriate court if they believe that the decision-maker has acted outside their powers or in an unlawful manner.