Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) Statutory Rules 1985 No 334 were enacted to address the legislative gap arising from the renaming and restructuring of the Capital Territory Health Commission into the Australian Capital Territory Health Authority, as specified in the Health Services Ordinance 1985. This amendment to the Public Service Regulations was issued with the authority of the Public Service Board under sub-section 97(1) of the Public Service Act 1922, which allows for the creation of regulations necessary for the implementation of the Act. The policy objective of this amendment is to ensure that the regulatory framework remains current with the structural changes in the relevant public service entities, thereby maintaining the integrity and effectiveness of governance within these bodies. By updating the regulations to reflect the new authority and its corresponding ordinance, the amendment aims to streamline the powers and responsibilities of the Chairman of the Australian Capital Territory Health Authority, aligning them with those of a Secretary in relation to the employees and officers of the Authority.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1985 No. 334, issued under the authority of the Public Service Board, revise the application of the Public Service Act 1922 by modifying the regulatory framework to accommodate the structural changes within the health sector of the Australian Capital Territory. Specifically, the amendment aligns the regulatory provisions with the legislative transformation of the Capital Territory Health Commission into the Australian Capital Territory Health Authority, as enacted by the Health Services Ordinance 1985. This adjustment ensures that the Chairman of the newly formed Authority is endowed with the requisite powers and responsibilities analogous to those of a Secretary within the Public Service framework. The amendment reflects the evolving administrative landscape while maintaining continuity in the governance and operational capabilities of the health sector in the Australian Capital Territory. The amendment applies to the Chairman of the Australian Capital Territory Health Authority and extends to the employees and officers within the Authority who are engaged in executing the health-related functions of the Public Service. The jurisdictional reach of these regulations is confined to the Australian Capital Territory, thereby ensuring that the governance structure and regulatory provisions are tailored to the specific administrative and health service needs of the Territory. The amendment does not introduce any new exclusions or thresholds but rather updates the regulatory references to accurately reflect the current legislative nomenclature and organisational structure. Additionally, the amendment does not extend or restrict the application of the Public Service Act beyond what is necessary to align with the statutory changes introduced by the Health Services Ordinance 1985.

Key Provisions

The key operative sections of these regulations are sub-section 97(1) of the Public Service Act 1922 and sub-section 25(4C) of the same Act. Sub-section 97(1) provides the authority for the Public Service Board to make regulations for carrying out the Act, while sub-section 25(4C) allows the Board to specify that certain office holders have the same powers as a Secretary in relation to a particular branch or part of the Service. The regulations amend sub-regulation 4A(1) to reflect the renaming of the Capital Territory Health Commission to the Australian Capital Territory Health Authority and update references to the relevant Ordinance and Act. These regulations impose several obligations on the parties they govern. The Public Service Board must ensure that the regulations comply with the Public Service Act and serve the purpose of carrying out or giving effect to the Act. The Chairman of the Australian Capital Territory Health Authority must exercise the powers granted to them in accordance with the regulations and the Public Service Act. Employees and officers of the Authority must adhere to the regulations and any relevant directions from the Chairman, who now has the powers of a Secretary as per sub-section 25(4C). The regulations do not explicitly outline offences, penalties, or consequences for breach. However, any breach of the Public Service Act or its regulations could potentially lead to disciplinary action, as the Act provides for various penalties and sanctions for misconduct or unauthorised actions by public servants. The specific penalties would depend on the nature and severity of the breach, as outlined in the Public Service Act and any applicable regulations or guidelines. In summary, these regulations amend the Public Service Regulations to reflect the renaming of the Capital Territory Health Commission to the Australian Capital Territory Health Authority and update references accordingly. The Chairman of the Authority is now vested with the powers of a Secretary in relation to employees and officers of the Authority, in accordance with sub-section 25(4C) of the Public Service Act 1922. The regulations impose obligations on the Public Service Board, the Chairman of the Authority, and employees and officers of the Authority to ensure compliance with the Public Service Act and its regulations. While the regulations themselves do not explicitly outline penalties for breach, any breaches of the Public Service Act or its regulations could potentially result in disciplinary action or other consequences as per the Act and applicable guidelines.