Public Service Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1983 NO 112

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 or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to repeal those regulations.

Sub-section 82D(1) of the Act provides that the Public Service Board may, by instrument in writing, determine the terms and conditions of employment of officers and employees.

Regulations 1 to 7 of the statutory rules repeal the following of the Public Service Regulations: regulations 74A, 78, 79, 90, 90A, 90B, 93, 97, 97D, 118, 119, 119A, 119B and 120. Regulations 8 to 10 amend regulations 139, 175 and 176 of the Public Service Regulations.

Details of the repeals and amendments are given below:

Regulation 74A (repeal)

Regulation 74A, which specified the classes of persons who may administer oaths and affirmations required under the Public Service Act or Regulations, is no longer required, following the repeal (in 1973) of the provisions in the Act which required the making of an oath or affirmation as a prerequisite to appointment.

Regulation 78 (repeal)

This regulation provided that all travelling allowances are in addition to the cost of conveyance. This provision has been incorporated in Public Service Board Determination 1983/6, which deals with removal expenses, and which comes into effect on the day these statutory rules are made. The regulation also contained a proviso which related to regulation 119: the latter regulation is repealed by these statutory rules.


Regulations 79, 90, 90A, 97 and 97D (repeal)

Regulation 79 provided that where the allowances that would otherwise be payable under regulations 90, 90A, 90B, 97 and 97D are payable under Public Service Board determinations made under section 82D of the Act, they are not payable under the regulations. Public Service Board determinations have existed for some time which cover the subject-matter of the abovementioned regulations: the regulations were not repealed on the making of those determinations because of the existence at that time of regulations made under other enactments concerning the terms and conditions of staff of certain statutory authorities and statutory office holders that operated by reference to those Public Service regulations. As suitable arrangements have now been made for these matters to be covered without reference to the Public Service regulations, it is appropriate now to repeal them.

Regulations 93, 118, 119, 119A, 119B and 120 (repeal)

These regulations dealt with the following subject-matters:

regulation 93

-

Cost of conveyance to place of appointment

regulation 118

-

Transfer expenses

regulation 119

-

Cost of conveyance on transfer

regulation 119A

-

Removal expenses from Canberra

regulation 119B

-

Payment of removal expenses on death or retirement of officer

regulation 120

-

Removal of furniture.

The regulations have been replaced by Board Determination 1983/6, which, as mentioned above, came into effect on the repeal of these regulations.

Regulation 139 (amendment)

The statutory rules amended sub-regulation 139(3), which related to the definition of ‘salary’ for the purposes of an officer suspended from duty under the discipline provisions of the Act. The sub-regulation referred to a number of other regulations which have been replaced by Board determinations. The statutory rules have omitted those references, and replaced them by generic references to the determinations which replace the regulations.

Regulations 175 and 176 (amendment)

These regulations provided for the payment of travelling allowance and motor vehicle allowance and transfer costs to persons to whom Division 3 of Part IV of the Act applies (i.e. certain former officers of the Public Service) who are seeking promotion or transfer back to the Service (regulation 175)

They are amended by these statutory rules to omit reference to other regulations which have been repealed or which no longer have any application to regulations 175 and 176; and to replace references to specific Board determinations by generic references in order to remove the need for future ‘machinery’ amendments to the regulations.

Overview

The Public Service Regulations (Amendment) 1983, issued under the authority of the Public Service Board, aims to streamline and update the Public Service Regulations by repealing outdated regulations and amending others to reflect current practices and determinations. Enacted under the Public Service Act 1922, these amendments address the need to modernise the regulatory framework governing the terms and conditions of employment within the Australian Public Service. The objective of these amendments is to ensure that the Public Service Regulations remain relevant and effective in supporting the operational requirements of the Public Service, whilst aligning with existing Board determinations and removing unnecessary references. This legislative update is crucial for maintaining an efficient and responsive public administration system, facilitating the smooth operation of public service processes and procedures.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1983 No 112 amends and repeals certain provisions of the Public Service Regulations under the authority of the Public Service Board and with the approval of the Governor-General. The regulations pertain to the administration of oaths, allowances, expenses, and other terms and conditions of employment for officers and employees within the Commonwealth public service. The regulations affect all officers and employees of the Commonwealth public service, as well as former officers seeking promotion or transfer back to the service. The amendments and repeals reflect changes in the Public Service Act and the establishment of Board determinations to replace certain regulations. The regulations apply nationally within the Commonwealth of Australia and are subject to amendment or repeal by the Public Service Board. The repealed regulations and amended regulations have been replaced by Public Service Board Determination 1983/6, which deals with removal expenses and other matters. The amendments ensure that references to repealed regulations are omitted and replaced by references to the Board determinations, thereby streamlining the regulations and removing the need for future machinery amendments.

Key Provisions

The Public Service Regulations (Amendment) Statutory Rules 1983 primarily serve to repeal and amend several existing regulations, aligning them with more recent Board determinations and addressing obsolete or redundant provisions. Regulation 74A, which specified who could administer oaths and affirmations, has been repealed as the requirement for oaths or affirmations was abolished in 1973 (Regulation 74A). Similarly, Regulation 78, which stated that all travelling allowances are additional to conveyance costs, has been repealed because this principle is now covered under Public Service Board Determination 1983/6 (Regulation 78). Other regulations such as 79, 90, 90A, 90B, 97, and 97D have been repealed because their provisions have been adequately addressed by Public Service Board determinations, rendering the regulations redundant (Regulations 79, 90, 90A, 97, and 97D). Furthermore, Regulations 93, 118, 119, 119A, 119B, and 120, which dealt with various aspects of conveyance and removal expenses, have been repealed and replaced by Board Determination 1983/6 (Regulations 93, 118, 119, 119A, 119B, and 120). The amendments and repeals imposed by these statutory rules create specific obligations and requirements for parties governed by the Public Service Regulations. The repeal of certain regulations means that those previously governed by such provisions must now refer to the relevant Board determinations for guidance on matters such as travelling allowances, conveyance costs, and removal expenses. For instance, officers and employees who were previously subject to specific regulations concerning allowances and expenses must now adhere to the terms set out in Public Service Board Determination 1983/6. Additionally, any references in existing regulations to repealed provisions must be updated to reflect the new determinations. This includes amending sub-regulation 139(3), which now refers generically to Board determinations instead of specific regulations that have been repealed (Regulation 139). Failure to comply with the provisions of the Public Service Regulations, including the amendments and repeals made by these statutory rules, may have various legal consequences. Although the Explanatory Statement does not explicitly detail offences, penalties, or specific consequences for breaches, it is understood that violations of Public Service Regulations could lead to disciplinary action under the Public Service Act 1922. Such actions could include formal warnings, fines, suspension, or even termination of employment, depending on the severity and nature of the breach. The precise penalties would be determined in accordance with the Act and any relevant Board determinations or guidelines.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.