Public Service Regulations (Amendment) 1995 No. 105
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 105
Issued by the Authority of the Special Minister of State
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1) (aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Subsection 76U(2) of the Act provides that an officer who has attained the minimum retiring age under the Act may retire from the Service. It provides for a minimum retiring age of 55 years but enables an alternative minimum retiring age for a class of officers to be fixed by the regulations. Subsection 76U(2) provides that "officer" includes an "overseas employee".
Subsection 76V(2) of the Act provides for a maximum retiring age of 65 years but enables an alternative maximum retiring age for a class of officers to be fixed by the Regulations.
Section 82AF of the Act provides that a Secretary of a Department may engage persons overseas to perform duties overseas.
Regulation 120B of the Public Service Regulations (the Principal Regulations) fixes a minimum and maximum retiring age for a class of officers.
The Regulations amend the Principal Regulations by omitting regulation 120B which contains obsolete references to staff employed in the Civil Aviation Authority which is no longer staffed under the Act.
The Regulations then further amend the Principal Regulations by inserting a new regulation 120B to provide a minimum retiring age for certain employees in Greece.
Sections 76U and 76V of the Act govern the minimum and maximum retiring ages of overseas employees employed under section 82AF of the Act. The ages provided in the Act frequently do not correspond to the ages for retirement under the local law of the country in which the person is employed. Under local labour law in Greece certain employees are entitled to retire at 50 years of age and access to the Greek pension is only available on retirement. In the absence of a regulation providing an alternative minimum retirement age, under the general provisions of section 76U the employee may not retire until the employee has attained 55 years of age. The amending regulation provides an entitlement to retire at the age of 50 years for the class of employee who, under Greek law is entitled to a reduced early pension on attaining 50 years.
Details of the Regulations are set out below.
Regulation 1 of the Regulations is a formal provision.
Regulation 2 of the Regulations omits regulation 120B and substitutes a new regulation 120B which fixes a minimum retiring age of 50 years for persons engaged under section 82AF of the Act and who qualify under Greek law for a reduced early pension on turning 50.
Regulation 3 omits schedule 1D from the Regulations. This amendment is consequential. on the omission of regulation 120B.
Regulation 4 omits schedule 1E from the Regulations. This amendment is consequential on the omission of regulation 120B.
Overview
The Public Service Regulations (Amendment) 1995 No. 105 were enacted to address inconsistencies in the retirement ages for overseas employees of the Australian Public Service, specifically those working in Greece. These regulations amend the Public Service Regulations 1995, which are subsidiary legislation made under the Public Service Act 1922. The Public Service Act 1922 provides the framework for the management of the Australian Public Service, including provisions for the retirement of officers, both domestic and overseas. The objective of these amendments is to align the retirement age for certain overseas employees with the local retirement laws of the country in which they are employed, ensuring that they can access their pensions as provided under local law. This is particularly important for employees in Greece, where the local retirement age and pension eligibility differ from Australian standards.
Scope and Application
The Public Service Regulations (Amendment) 1995 No. 105 applies to officers of the Commonwealth Public Service, including overseas employees, specifically those engaged in Greece to perform duties overseas under section 82AF of the Public Service Act 1922. The Regulations amend the Public Service Regulations to adjust the minimum retiring age for certain overseas employees in alignment with local retirement laws, particularly in Greece. The amendment ensures that Australian Public Service officers employed in Greece who qualify for a reduced early pension under Greek law at age 50, can retire at the same age under the Australian Public Service regulations. This amendment is necessary to harmonise the Australian Public Service retirement provisions with local employment laws to ensure that these officers can access their entitlements without delay. The Regulations do not alter the scope of the Act beyond the specific amendment to the minimum retiring age for the mentioned class of officers, and consequentially omit outdated references to the Civil Aviation Authority.
Key Provisions
The Public Service Regulations (Amendment) 1995 No. 105 introduces significant changes to the minimum retiring age for certain overseas employees working in Greece. The amendment is predicated on the existing framework provided in the Public Service Act 1922 (the Act) and is executed under the authority granted to the Governor-General by paragraph 97(1)(aa) of the Act. This amendment specifically targets Regulation 120B of the Public Service Regulations (the Principal Regulations) which previously set forth minimum and maximum retiring ages for a class of officers, including overseas employees. The existing regulation, however, contained references to staff employed in the Civil Aviation Authority, which is no longer staffed under the Act, rendering those references obsolete.
In amending the Principal Regulations, the new regulation 120B establishes a minimum retiring age of 50 years for persons engaged under section 82AF of the Act who qualify under Greek law for a reduced early pension on turning 50. This amendment is crucial because it aligns the retirement provisions of the Act with the local labour laws in Greece, where certain employees are entitled to retire at 50 years of age and access their pension benefits only upon retirement. Without this regulatory adjustment, employees would be unable to retire until they reached the statutory minimum age of 55 years, contrary to their entitlement under Greek law.
The obligations imposed by these regulations are primarily on the Secretary of a Department who is responsible for engaging persons overseas to perform duties. The Secretary must ensure that the regulations are adhered to, particularly in setting and respecting the minimum and maximum retiring ages as prescribed. For overseas employees, the key obligation is to meet the eligibility criteria for retirement as specified by both the Act and the local laws of the country in which they are employed. Failure to comply with these requirements could result in employees losing their entitlement to pension benefits or facing other legal repercussions.
In terms of penalties and consequences for non-compliance, the Regulations themselves do not explicitly outline specific penalties for breach. However, under the general provisions of the Public Service Act, breaches could potentially lead to disciplinary actions, including termination of employment, depending on the nature and severity of the breach. Additionally, any failure to comply with the Act or its regulations could result in civil or criminal liability, depending on the specific circumstances and the provisions of other relevant legislation. The maximum penalties would be determined by the relevant courts based on the nature of the offence under the applicable laws.