Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1992 No. 53 were enacted to address the issue of "double-dipping" by officers of the Australian Public Service who had previously received redundancy benefits from Commonwealth authorities or Government Business Enterprises. This was achieved by amending the Public Service Act 1922 through the Public Service Amendment Act 1991, which introduced new provisions to prevent officers from returning to the APS and claiming further redundancy benefits. The regulation was issued under the authority of the Minister for Industrial Relations on behalf of the Prime Minister and aims to ensure that officers do not benefit twice from redundancy payments. The amendment applies to three categories of people covered under the Act and mandates that notifications regarding these new provisions must be delivered in writing either by hand or through secure post, or by electronic mail or facsimile if the officer agrees to such methods. These regulations commenced upon gazettal and serve to implement the policy objectives set out in the Public Service Amendment Act 1991.

Scope and Application

The Public Service Regulations (Amendment) 1992 No. 53 applies to officers of the Australian Public Service (APS) who become employed by the Commonwealth outside the provisions of the Public Service Act 1922 or by certain non-Commonwealth bodies. The legislation specifically targets individuals who may otherwise exploit the provisions of Part IV of the Act to receive redundancy benefits from both Commonwealth authorities and the APS, a practice referred to as "double-dipping". This Act addresses this issue by amending the Public Service Amendment Act 1991 to clarify circumstances under which officers cannot return to the APS after receiving redundancy benefits from an authority. This applies to three categories of people: those covered by the "first tier" (Division 2 of Part IV), those covered by the "second tier" (Division 3 of Part IV), and those to whom the repealed Officers' Rights Declaration Act 1928 applies (Division 4 of Part IV). The amendment further provides specific conditions under which an officer may or may not return to the APS, and in doing so, prohibits the acquisition of further redundancy benefits. The scope of this legislation is national, applying across the Commonwealth of Australia. The regulations stipulate that notification to affected persons must be in writing, delivered by hand, security post, electronic mail, or facsimile, as agreed by the person receiving the notification. The regulations are designed to commence upon gazettal, thus immediately implementing the changes outlined in the Amendment Act. The regulations do not explicitly state any exclusions or exemptions, but the Act’s provisions are narrowly tailored to address the specific issue of preventing double-dipping.

Key Provisions

The Public Service Regulations (Amendment) 1992 No. 53 introduces significant amendments to the Public Service Act 1922, targeting the rights of Australian Public Service (APS) officers who transition to employment outside the Act or with certain non-Commonwealth entities. Specifically, these amendments are designed to prevent "double-dipping," where an officer or person benefits from redundancy payments from a Commonwealth authority or Government Business Enterprise while also returning to the APS or securing additional redundancy benefits (sections 87JB, 87JC, 87SB, 87SC, 87UB, 87UC). This is achieved by establishing clear conditions under which these benefits cannot be simultaneously claimed. These amendments impose specific obligations on officers and persons covered by the Act, including those in the "first tier" (Division 2 of Part IV), "second tier" (Division 3 of Part IV), and those governed by the repealed Officers' Rights Declaration Act 1928 (Division 4 of Part IV). For example, officers in the first tier who fail to resign from their positions are subject to particular provisions, as are those who resign (sections 87JB and 87JC). Similar obligations apply to persons in the second and third tiers (sections 87SB, 87SC, 87UB, 87UC). These officers and persons must be notified of the implications of these sections by their employing authority, as outlined in regulation 173 of the Regulations. The notification must be in writing, either hand-delivered or sent via secure post, electronic mail, or facsimile, depending on the preference of the officer or person (Regulation 2). Failure to comply with the provisions of these sections could result in serious consequences. The specific penalties for breaches are not detailed in the explanatory statement, but under the Public Service Act 1922, breaches of regulations can lead to various civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act. It is essential for officers and persons affected by these amendments to understand their obligations and the potential consequences of non-compliance to avoid any legal repercussions.