EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 334
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, inter alia, 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 or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Sub-section 25(4C) of the Public Service Act provides that “the person holding, or acting in, an office specified in the regulations as an office to which this sub-section applies has all the powers of, or exercisable by, a Secretary under this Act so far as those powers relate to the branch or part of the Service specified in the regulations in relation to the holder of that Office as if that branch or part of the Service were a separate Department”.
Paragraph 25(4B)(a) of the Act provides that the regulations may specify an office established by an Ordinance of an internal Territory as an office to which sub-section 25(4C) applies.
Sub-regulation 4A(1) prescribed the Office of Chairman of the Capital Territory Health Commission as established by the Health Commission Ordinance 1975 for the purposes of sub-section 25(4C) of the Act. Sub-regulation 4A(2) prescribed employees and officers whose duties relate solely to the performance by the Capital Territory Health Commission of its functions as the part of the Service in relation to which the Chairman of the CTHC holds the powers exercisable by a Secretary of a department.
Amongst other things, the Health Services Ordinance 1985 renamed the Health Commission Ordinance 1975 as the Health Services Ordinance 1975 and replaced the Capital Territory Health Commission with the Australian Capital Territory Health Authority (ACTHA). The Authority consists of a Chairman and two other members.
This regulation amended regulation 4A by omitting references to the Capital Territory Health Commission and the Health Commission Ordinance 1975 and substituting references to the Australian Capital Territory Health Authority and the Health Services Ordinance 1975. The amendment vests the Chairman of the Authority with the powers of a Secretary in relation to employees and officers of the Authority.