Public Service Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1983 NO 119

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 (‘the 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.

These statutory rules amend a number of regulations of the Public Service Regulations (‘the Regulations’) and repeal a large number of others. The repealed regulations have been replaced by a Board determination. Details are given below.

Regulation 1 of the statutory rules fixes a commencement date of 1 August 1983 for the statutory rules.

The amendments made to various regulations are described below.

Regulation 2 of the rules omits the definition of ‘the officer in charge’ from regulation 3 (‘Interpretation’) of the Regulations, since it is not a phrase which any longer requires definition in the Regulations.

Regulations 3 and 4 amend regulations 7 and 8 of the Regulations by providing that officers should have ready access to, and should acquaint themselves with, Board determinations made under section 82D of the Act, as well as with the Act itself and the Regulations.

Sub-regulation 15(1) provides that management may direct the forfeiture of salary of staff who have had unauthorized absences from duty. Sub-regulation (2) provided that the period of any absence in respect of which an officer or employee has performed duty in pursuance of a requirement made under sub-regulation (1) shall be disregarded for the purposes of this regulation. It was considered sub-regulation (2) was rather obscurely worded, and regulation 7 of the statutory rules substitutes a provision to the effect that time required to be made up for unauthorized absence will be in place of the forfeiture of salary which would otherwise occur under sub-regulation (1).

 


Regulation 22 of the statutory rules repeals, inter alia, regulation 100F of the Regulations (see the table of repeals below). Regulation 100F provides for the review by the Board at the request of aggrieved officers or employees of departmental decision in connexion with the Studies Assistance Scheme. In its place, regulation 10 inserts a new regulation (33E) into the group of regulations which provide a general scheme for the review of personal grievances within the Public Service (regulations 33-33F). The new regulation provides that a matter concerning the Studies Assistance Scheme that is referred by an officer or employee to the Director of the Board’s Grievance and Appeals Bureau shall be inquired into by him, or he may refer it to the Board for investigation. He is required to advise the officer or employee who requested the review of his decision. Regulations 9 and 10 of the statutory rules also make a number of consequential amendments to regulations 33 and 33F. Regulation 25 of the statutory rules is a transitional provision which preserves the operation of regulation 100F following its repeal in respect of any request under that regulation which had been made before the repeal.

Regulation 24 of the statutory rules amends regulation 139 of the Regulations. Regulation 139 contains a reference to regulation 97E, which is repealed by these statutory rules (see table below) and replaced by provisions in Board Determination 1983/10. The amendment to regulation 139 removes the reference to regulation 97E and replaces it by a generic reference to ‘any determination made under section 82D of the Act in respect of...education costs of children attending school away from the locality at which a person is stationed’.

Pursuant to its powers under section 82D of the Act to determine, by instrument in writing, the terms and conditions of employment of officers and employees, the Board has made Determination 1983/10, which contains provisions to replace the regulations repealed by these statutory rules (with the exception of regulation 100F - see above) as shown in the table below (the determination is drafted to come into effect on 1 August 1983, the day the repeal of the regulations is to be effective):

Proposed Statutory Rules Regulation No

Public Service Regulation No

Title of Regulation

5

  9

Hours of business

 

10

Records of attendances

 

11

Recording of attendances

 

12

Accessibility of attendance records

6

14

Officer or employee who is absent without authority may be required to perform duty outside office hours

 

 

8

16A

Absence from locality of employment

 

17

Officers not under supervision to keep journal

11

73A

Salary deductions for subsistence or lodging

12

75

Basis of calculation of allowances

 

75AA

Definition

13

79A

Officers and employees on duty away from headquarters. Allowance on sick leave

 

79C

Reimbursement of fares upon change of location of branch &c.

 

79D

Distance travelled, for the purpose of regulation 79C

14

80

Excess fares allowance while temporarily performing duty away from head-quarters

15

81A

Travelling and relieving allowances not payable where transfer to be permanent

 

82

Class of air travel

16

88

Forage allowance

 

89AA

Loss or damage to clothing or personal effects

17

90AA

Rotary engines

18

90C

Reduction of maximum amount of vehicle allowance in certain cases

 

90D

Definition

19

92

Bicycle allowance

20

95C

Education allowance - light-keepers

 

96

Officers appointed to stations away from home

 

96A

Living out allowance - Nursing Staff

21

97E

Education costs allowance

 

 

22

98AC

Reimbursement of fares of relative who visits sick officer

23

100A

Interpretation

 

100B

Approved students

 

100C

Entitlement to reimbursement of fees

 

100D

Entitlement pending confirmation, &c.

 

100E

Entitlement where fees reimbursable by Commonwealth, &c.

 

100F

Review by Board of decision of Chief Officer

 

100G

Approvals and determinations of the Board

 

100H

Delegation by Chief Officer

 

103B

Broken Hill allowance

 

Overview

The Public Service Regulations (Amendment) 1983 was enacted to amend existing regulations under the Public Service Act 1922, addressing gaps and updating provisions to better align with current practices and policy objectives. The amendments were made by the Public Service Board with the approval of the Governor-General, under the authority granted by subsection 97(1) of the Public Service Act. The key problem this legislation sought to address was the need to streamline and modernise the regulatory framework governing the Public Service, ensuring that it remains effective and relevant. This includes removing outdated definitions, clarifying certain provisions, and replacing repealed regulations with new Board determinations to maintain continuity and coherence in the regulatory environment. The policy objective is to enhance the efficiency and effectiveness of the public service by ensuring regulations are up to date and clearly articulated. The amendments introduced by this statutory instrument include the removal of certain definitions that are no longer necessary, ensuring officers have access to relevant Board determinations, and clarifying provisions related to salary forfeiture and unauthorised absences. Additionally, the legislation repeals several regulations and replaces them with new provisions or Board determinations, thereby modernising the regulatory framework. These changes aim to support the efficient functioning of the public service by providing clear and updated guidelines for various aspects of employment within the public sector.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1983 No 119, issued under the authority of the Public Service Board and approved by the Governor-General, amends and repeals a number of regulations governing the Australian Public Service. These regulations are made under the Public Service Act 1922 and apply to officers and employees within the public service. The amendments are designed to update and clarify various provisions related to employee conduct, entitlements, and the process for grievance review, ensuring they align with current practices and legislative intent. The regulations have a national reach as they pertain to the Commonwealth public service. Certain repealed regulations have been replaced by a Board determination, which provides updated terms and conditions of employment. The changes are effective from 1 August 1983, with specific transitional provisions for ongoing reviews under repealed regulations.

Key Provisions

The main operative sections of the Public Service Regulations (Amendment) Statutory Rules 1983 (No. 119) focus on updating and streamlining existing regulations within the Public Service Regulations (Regulations) (sub-section 97(1)). Regulation 2 removes the definition of 'the officer in charge' from the 'Interpretation' section, acknowledging that the term no longer needs a specific definition (regulation 3). Regulations 3 and 4 amend regulations 7 and 8 to require officers to have access to and be familiar with Board determinations made under section 82D of the Public Service Act 1922, as well as the Act and the Regulations themselves. Regulation 7 replaces the obscure wording of sub-regulation 15(2) to clarify that time required to be made up for unauthorized absences will substitute for the forfeiture of salary that would otherwise occur under sub-regulation 15(1). Regulation 22 repeals regulation 100F and introduces a new regulation 33E to streamline the review process for grievances related to the Studies Assistance Scheme. The Act imposes several obligations and requirements on parties governed by the Regulations. Officers and employees must familiarize themselves with the Board determinations, the Act, and the Regulations (regulations 3 and 4). Management is required to direct the forfeiture of salary for staff with unauthorized absences from duty, but this is now replaced by the requirement to make up the time missed (sub-regulation 15(1)). The new regulation 33E imposes an obligation on the Director of the Board's Grievance and Appeals Bureau to investigate and decide on matters concerning the Studies Assistance Scheme referred by officers or employees, and to inform the referring party of the decision (regulation 10). These amendments are designed to ensure officers and employees are aware of and comply with updated regulations and procedures. Breaches of the amended Regulations may result in various consequences, including administrative penalties and disciplinary actions. For instance, sub-regulation 15(1) previously allowed for the forfeiture of salary for unauthorized absences, which could be seen as a punitive measure. However, with the clarification provided by regulation 7, the requirement to make up the time missed is now the primary consequence. Failure to comply with the new obligations, such as not acquainting oneself with the necessary documents, may also result in disciplinary action or other administrative penalties as deemed appropriate by the Board. While specific penalties are not detailed in the explanatory statement, breaches of the Regulations could lead to consequences under the broader framework of the Public Service Act and associated regulations.

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