Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1994 No. 170, issued under the authority of the Prime Minister, amends the Public Service Regulations to address the gap in employment opportunities for individuals who have been out of work for 12 months or more. Enacted in 1994, these regulations update the Public Service Regulations by incorporating the JOBSKILLS program, a government initiative introduced in 1991, as a special employment program under section 82AG of the Public Service Act 1922. This amendment aligns with an award made by the Australian Industrial Relations Commission in December 1993 and aims to improve the employment prospects of long-term unemployed individuals by providing them with the opportunity to gain skills and experience within the public service. The regulations commence on the date of their gazettal.

Scope and Application

The Public Service Regulations (Amendment) 1994 No. 170 applies to the officers and employees of the Commonwealth public service as defined under the Public Service Act 1922. These Regulations are specifically tailored to encompass the employment practices and schemes within the public sector, providing a framework for the employment of individuals under special schemes such as the JOBSKILLS program. The geographic reach of these Regulations is national, as they apply across the Commonwealth, thereby affecting public servants regardless of their location within Australia. The amendments introduced by these Regulations ensure that the JOBSKILLS program is available to public servants who have been unemployed for 12 months or more, aligning with the program's objective to enhance their employment prospects. The Regulations also note that the JOBSKILLS program, which was initially prescribed only for public servants employed within the Australian Capital Territory Administration, is now extended to all public servants under the Commonwealth public service. This amendment reflects a broader application and aims to standardise the program's reach throughout the public service.

Key Provisions

The Public Service Regulations (Amendment) 1994 No. 170 introduces key modifications to the existing Public Service Regulations under the Public Service Act 1922. These amendments specifically pertain to section 82AG, which allows for the employment of individuals to participate in programs designed to enhance their ability to enter the workforce. Regulation 122, which lists the various schemes under this section, is updated to include the JOBSKILLS program. This program, introduced in 1991, aims to improve employment prospects for individuals who have been unemployed for at least 12 months. Regulation 2 replaces the existing paragraph (i) of regulation 122, which previously limited the JOBSKILLS program to public servants within the Australian Capital Territory Administration, with a broader provision that encompasses all public servants under the Act. The obligations imposed by these Regulations require the Secretary of a Department to employ persons in the Department who participate in the JOBSKILLS program. These employees will be engaged to perform duties that facilitate their integration into the workforce. The Regulations ensure that the JOBSKILLS program is recognised as a special employment program, thereby enabling eligible public servants to benefit from structured training and employment opportunities. The amendments also reflect the Australian Industrial Relations Commission's award from December 1993, ensuring alignment with industrial standards. Failure to comply with the provisions of the amended Regulations could result in breaches of the Public Service Act 1922. Such breaches might attract legal consequences, including potential penalties. The exact nature and extent of these consequences would depend on the specific breach and the relevant sections of the Act. However, as the explanatory statement does not provide specific details about the penalties, it is advisable to refer to the Act itself for comprehensive information on the potential penalties. The Regulations, which come into effect on the date of gazettal, aim to streamline the employment processes and ensure that public servants have access to programs designed to enhance their employability.