EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 369
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Paragraph 97(1)(k) 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 regulating the duties and conduct of officers.
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These statutory rules amended Regulations 37 and 39 and repealed Regulation 40 of the Public Service Regulations and were made following the Board’s consideration of a report of a sub-committee of the Joint Council of the Australian Public Service, a union-management consultative body.
The previous Regulation 37 prohibited the solicitation or acceptance of gifts except in very limited circumstances. However the regulation presented difficulties for officers in situations where refusal of a gift would be an embarrassment or severe affront to the donor or where retention by the officer would be unobjectionable. The amended Regulation stipulates that:
• officers are prohibited from taking advantage of their functions to solicit gifts and benefits;
• where an officer, in the course of duty, is offered or presented with a gift, that officer may accept the gift with the Secretary’s written approval;
• the Secretary may exempt classes of gifts and/or officers from the requirement of written approval.
Regulation 39 previously prohibited borrowing between officers. The amended Regulation clarifies and widens this prohibition.
In the amended Regulation 39 the intention of the first sub-regulation is to prohibit officers from taking advantage of opportunities which arise in carrying out their duties, or of their status as an officer, to influence anyone to enter a financial or similar transaction.
The intention of the second sub-regulation is to prohibit an officer from influencing another officer’s performance of their functions by offering gifts or entering a financial arrangement with the other officer.
The Regulation does not prohibit loans between officers as an ordinary favour between friends, or as a profit-motivated arrangement provided it is unconnected with duties and there is no implication of influence.
In legislation at present before the Parliament it is proposed that section 63U of the Act be repealed. This section requires an officer to report becoming bankrupt to the Chief Officer.
The former Regulation 40 required notification of an officer’s bankruptcy by a Chief Officer to the Public Service Board. This requirement is no longer relevant therefore the Regulation was repealed.