EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 110
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.
These statutory rules repeal regulations 63, 64, 64A, 66, 67, 70 (except sub-regulation (4)) and 99 of the Public Service Regulations.
The regulations dealt with the following matters:
regulation 63 | Calculation of salary for duty on a holiday |
regulation 64 | Performance of duty on a holiday |
regulation 64A | Returns of holiday pay |
regulation 66 | Authority for overtime |
regulation 67 | Recording and payment of overtime |
regulation 70 | Sunday duty |
regulation 99 | Allowance - Sunday or holiday duty |
Pursuant to its powers under section 82D of the Act, the Public Service Board has made Determination No 9 of 1983, which deals with overtime and other penalty rates, and which replaces the regulations here repealed.
Sub-regulation 70(4), which provides that an officer required to perform Sunday duty may apply for permission to furnish a substitute if he has conscientious scruples, is not covered in the provisions of the new determination, and was therefore not omitted.
The repeal of the regulations, and the coming into operation of the determination, occurred on 22 July 1983.
Overview
The Statutory Rules 1983 No. 110, issued by the Public Service Board under the authority of the Public Service Act 1922, amend the Public Service Regulations to address the need for updated regulations regarding certain aspects of public service employment. These amendments were made to streamline and modernise the regulatory framework, thereby ensuring that the Public Service Regulations align with contemporary practices and requirements. The changes were approved by the Governor-General and came into effect on 22 July 1983. The Public Service Board exercised its power under section 82D of the Act to create Determination No 9 of 1983, which provides new regulations on overtime and other penalty rates, effectively replacing the repealed regulations. This initiative aimed to enhance the efficiency and relevance of the regulatory environment for public service employees, reflecting current operational needs and policy objectives.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 pertain to the Australian Public Service, affecting employees who are subject to the Public Service Act 1922. These regulations specifically address the calculation of salary for duty on holidays, the performance of duty on holidays, returns of holiday pay, authority for overtime, the recording and payment of overtime, Sunday duty, and allowances for Sunday or holiday duty. These regulations have been repealed and replaced by Determination No 9 of 1983, which governs overtime and other penalty rates. Notably, sub-regulation 70(4) regarding officers' ability to apply for permission to furnish a substitute if they have conscientious scruples was not covered in the new determination and hence remains in effect. The amendments took effect on 22 July 1983. The Public Service Board, acting under the powers conferred by section 82D of the Public Service Act 1922, made the determination to streamline and update the regulatory framework governing public service employees' working conditions.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1983 No. 110 primarily focus on repealing several existing regulations related to the calculation and payment of salaries and overtime, the performance of duties on holidays, and allowances for Sunday or holiday duty. Specifically, regulations 63, 64, 64A, 66, 67, 70 (except sub-regulation (4)), and 99 of the Public Service Regulations are repealed (section 3). Regulation 63 concerned the calculation of salary for duty on a holiday, regulation 64 addressed the performance of duty on a holiday, regulation 64A dealt with returns of holiday pay, regulation 66 related to the authority for overtime, regulation 67 covered the recording and payment of overtime, regulation 70 pertained to Sunday duty, and regulation 99 was about the allowance for Sunday or holiday duty. These regulations are repealed to streamline the administrative processes and ensure consistency with the new Determination No 9 of 1983, which deals with overtime and other penalty rates.
The Public Service Regulations (Amendment) Statutory Rules impose specific obligations on the Public Service Board and other relevant entities. The Board is required to ensure that the repealed regulations are no longer in effect and that the new Determination No 9 of 1983 is implemented. The Board's role includes overseeing the transition from the old regulations to the new determination to maintain a smooth operation within the public service. Other entities governed by these regulations must comply with the new determination, which includes adhering to the updated rules for overtime and penalty rates. Sub-regulation 70(4), which allows officers to apply for permission to furnish a substitute if they have conscientious scruples about performing Sunday duty, remains in effect as it is not covered by the new determination.
Breaches of the Public Service Regulations (Amendment) Statutory Rules and the new Determination No 9 of 1983 could result in various consequences. While the specific offences, penalties, or consequences are not detailed within the statutory rules, breaches of public service regulations generally can lead to disciplinary actions, including warnings, fines, or other administrative penalties. In severe cases, breaches may result in termination of employment or legal action. The precise penalties and consequences would depend on the nature and severity of the breach, as well as any relevant employment contracts or public service legislation. The repeal of the regulations and the introduction of the new determination aim to provide clearer and more efficient guidelines for managing salary calculations, overtime, and allowances, thereby reducing the likelihood of non-compliance.