Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1991 No. 286 was enacted to address the need for more flexible and effective arrangements in the Australian Public Service (APS) concerning studies assistance for officers and employees. This amendment to the Public Service Regulations, issued under the authority of the Prime Minister and in accordance with the Public Service Act 1922, responds to a determination made under section 82D of the Act. The amendment was necessitated by a review conducted by the Public Service Commission, which included significant input from a Joint Council Subcommittee, a consultative body established under Public Service Regulation 72B. The overarching policy objective is to enhance the administration of studies assistance in a devolved public sector environment, ensuring that the revised scheme operates more effectively within the current structural context of the APS. The regulation includes provisions for appeals against decisions related to study approval, payment, reimbursement, and leave of absence, with these provisions taking retrospective effect from 19 March 1991, the date of the initial determination.

Scope and Application

The Public Service Regulations (Amendment) 1991 No. 286 amends the Public Service Regulations to reflect changes introduced by Public Service Determination 1991/39, which itself amends the Public Service Board Determination 1983/10. This amendment primarily affects officers and employees of the Australian Public Service by modifying the conditions and terms under which they can apply for and receive studies assistance. The amendments concern appeals against decisions related to study schemes, specifically the refusal of approval for a study scheme, denial of prospective payment or reimbursement of study costs, and decisions regarding leave of absence for study purposes. The changes are designed to accommodate a more flexible and efficient studies assistance scheme in a devolved public sector environment, reflecting recommendations from a review conducted by the Public Service Commission and input from the Joint Council Subcommittee. The amendments to Regulation 76 of the Public Service Regulations allow for appeals against these decisions, with the new provisions having retrospective effect from 19 March 1991. The amendments ensure that the rights of entities other than the Commonwealth are not adversely affected.

Key Provisions

The Public Service Regulations (Amendment) 1991 No. 286 amends the Public Service Regulations under the authority of the Public Service Act 1922. Specifically, it modifies Regulation 76, which pertains to the review of decisions related to studies assistance within the Australian Public Service (APS) (Reg 76). The amendments address appeals concerning decisions on study schemes, prospective payments, reimbursements, and leave of absence for study purposes. Regulation 76(a) now allows an appeal against a Secretary's decision to refuse approval for an officer or employee to undertake a study scheme. Additionally, Regulation 76(b) and (c) enable appeals against decisions not to grant prospective payments or reimbursement of study costs to approved students or award holders. Regulation 76(e) now permits appeals against decisions regarding leave of absence for study purposes for approved students or award holders. These changes align with the new scheme for studies assistance, as outlined in Public Service Determination 1991/39. The Act imposes several obligations on parties and entities it governs. The Merit Protection and Review Agency must now consider appeals under the amended Regulation 76. Officers and employees of the APS who are affected by decisions on studies assistance are now entitled to appeal under the revised provisions. The agency must ensure that all appeals are processed in accordance with the updated regulations. Furthermore, the APS must comply with the new study assistance scheme as outlined in the Public Service Determination 1991/39. This includes providing the necessary flexibility and support for officers and employees to undertake studies within the framework of a devolved public sector environment. The amendments carry implications for non-compliance. While the explanatory statement assures that the rights of persons other than the Commonwealth will not be adversely affected, it does not detail specific offences or penalties. However, failure to adhere to the new provisions could result in procedural irregularities and potential legal challenges from affected officers and employees. The Public Service Act 1922 and the Public Service Regulations are the primary frameworks within which these obligations and consequences are situated. Therefore, any breaches of the amended regulations could lead to civil or administrative consequences, including the need for judicial review or other corrective measures to ensure compliance with the legislative intent.