Public Service Regulations (Amendment)

Overview

Statutory Rules 1974 No. 242, made under the Public Service Act 1922-1973, was enacted to address specific circumstances where public service officers might seek to act as directors of various entities. The regulation, approved by the Governor-General and dated 10 December 1974, was established by the Public Service Board, acting pursuant to the authority conferred by the Public Service Act. The primary objective of this regulation is to outline the prescribed cases and circumstances under subsection 91(4) of the Act where public service officers need permission to act as directors of companies or incorporated societies, particularly focusing on organisations such as permanent building societies, credit unions, cooperative societies, and entities formed for religious, educational, benevolent, charitable, literary, scientific, artistic, recreational, or community improvement purposes.

Scope and Application

The Statutory Rules 1974 No. 242, made under the Public Service Act 1922-1973, set forth specific regulations that govern the conduct of officers within the Australian public service. These regulations outline particular cases and circumstances where public service officers may seek permission to act as directors of companies or incorporated societies, with a focus on entities typically referred to as permanent building societies or credit unions, co-operative societies that do not supply goods or services to Australia, and various other types of non-profit organisations. The scope of this regulation is national, applying to all public service officers across Australia, and it extends its application through subordinate instruments to ensure comprehensive oversight of the public service officers’ engagement in director roles. The regulation also clarifies certain exclusions, such as companies or societies formed for trading or securing profit, and those controlled by the trustees of the Australian Postal Institute, ensuring that the activities of public service officers remain aligned with the public interest and do not conflict with their public service duties.

Key Provisions

The main operative sections of this legislative instrument are found in the amendment to the Public Service Regulations, specifically the insertion of regulation 43a. Regulation 43a (1) outlines specific cases and circumstances in which an officer in the public service must seek permission to act as a director of a company or incorporated society. These cases include situations where the entity is a permanent building society or credit union owned or operated by a public service association, a co-operative society not supplying goods or services to Australia, or a company or society formed for religious, educational, benevolent, charitable, literary, scientific, artistic, recreational, or community beautification purposes, but not for trading or profit. Additionally, it includes companies controlled by the trustees of the Australian Postal Institute or those incorporated solely to own land for residential units under a form of title known as ‘company title’. Regulation 43a (2) provides a definition for the term ‘public service association’ as used within this regulation. The obligations imposed by this Act are primarily on public service officers. These officers must seek and obtain permission from their superiors before acting as a director in the specified cases. This requirement ensures that the officer's role in the public service does not conflict with their responsibilities to the entity they are seeking to direct. The permission process likely involves a review of the entity's nature and the officer’s potential role to ensure there is no conflict of interest or improper influence on public service matters. The legislation does not explicitly state offences, penalties, or consequences for breaches. However, failing to seek or obtain the necessary permission in the prescribed circumstances could be considered a breach of public service regulations. Such a breach might lead to disciplinary actions within the public service, which could range from warnings and reprimands to more severe penalties such as suspension or termination of employment, depending on the severity and impact of the breach. The specific consequences would be determined by the internal disciplinary procedures of the relevant public service department or agency.