Public Service Regulations (Amendment) 1992 No. 324
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 324
Issued by the authority of the Prime Minister
Public Service Act 1922
Public Service Regulations (Amendment)
Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Section 82AG of the Act provides that the Secretary of a Department may employ persons in the Department to perform duties under a prescribed scheme to enable such persons to gain ability for the purpose of participating in the Australian workforce.
Regulation 122 of the Public Service Regulations lists a number of schemes pursuant to section 82AG. These Regulations amend regulation 122 by adding a further scheme to the list.
By agreement with the Australian Capital Territory Government, the Commonwealth Government's JOBSKILLS program has been prescribed in respect of the ACT Administration, whose staff are employed under the Act. The JOBSKILLS program, which was introduced in 1991, has the aim of improving the employment prospects of people who have been out of work for 12 months or more. The proposed Regulation are consistent with an award of the Industrial Relations Commission, the JOBSKILLS Program (ACT Government) Award. which was made earlier this year.
Regulation 1 of the Regulations provides that the Public Service Regulations are amended as set out in the Regulations..
Regulation 2 of the Regulations amends regulation 122 of the Public Service Regulations to provide for the JOBSKILLS program to be a special employment program for the purposes of section 82AG of the Act in respect of the branch of the Public Service comprising staff who are transitional staff for the purposes of section 21 of the A.C.T. Self-Government (Consequential Provisions) Act 1988 (these are staff appointed or employed under the Act who are working for the ACT Administration as a transitional measure pending the establishment of a separate public service for the conduct of the public administration of the ACT Government).
The Regulations commence on date of gazettal.
Overview
The Public Service Regulations (Amendment) 1992 No. 324, issued by the authority of the Prime Minister under the Public Service Act 1922, were introduced to address the need for enhancing employment opportunities for individuals who have been unemployed for an extended period, specifically those out of work for 12 months or more. These regulations amend the existing Public Service Regulations by incorporating the JOBSKILLS program, which was developed in collaboration with the Australian Capital Territory Government, as a prescribed scheme under section 82AG of the Act. This addition facilitates the employment of transitional staff within the ACT Administration, enabling them to gain skills and abilities necessary for participating in the Australian workforce. The primary objective of these amendments is to improve the employment prospects of long-term unemployed individuals, aligning with the broader policy goals of workforce development and employment support.
Scope and Application
The Public Service Regulations (Amendment) 1992 No. 324 pertains to the Australian Public Service, specifically targeting staff appointed or employed under the Public Service Act 1922 who are working for the Australian Capital Territory (ACT) Administration as transitional measures. These Regulations amend the Public Service Regulations by adding the JOBSKILLS program to the list of schemes under section 82AG of the Public Service Act 1922, thereby enabling the Secretary of a Department to employ persons under this program to improve their ability to participate in the Australian workforce. This amendment applies to transitional staff who are working for the ACT Administration, a branch of the Public Service established under the A.C.T. Self-Government (Consequential Provisions) Act 1988. The JOBSKILLS program, which aims to enhance the employment prospects of individuals who have been out of work for at least 12 months, has been prescribed by agreement with the Australian Capital Territory Government for use in the ACT Administration. The Regulations are consistent with the JOBSKILLS Program (ACT Government) Award made by the Industrial Relations Commission. These Regulations commence on the date of their gazettal.
Key Provisions
The Public Service Regulations (Amendment) 1992 No. 324, issued under the authority of the Prime Minister, amends the Public Service Regulations to incorporate the JOBSKILLS program as a special employment scheme under section 82AG of the Public Service Act 1922. Regulation 2 of these Regulations specifically amends regulation 122, adding the JOBSKILLS program to the list of schemes that allow the Secretary of a Department to employ individuals for the purpose of skill development and integration into the Australian workforce. This amendment is intended to benefit transitional staff within the ACT Administration who are employed under the Public Service Act and are awaiting the establishment of a distinct public service for the ACT Government.
The JOBSKILLS program, as prescribed in these Regulations, aims to enhance the employability of individuals who have been unemployed for over 12 months. By integrating this program into the Public Service Regulations, the Act provides a structured framework for employing transitional staff within the ACT Administration. This inclusion ensures that the JOBSKILLS program operates in alignment with existing industrial awards, specifically the JOBSKILLS Program (ACT Government) Award issued by the Industrial Relations Commission.
The obligations imposed by these Regulations on the relevant parties include the adherence to the terms and conditions set out in the JOBSKILLS program and the broader Public Service Regulations. The Secretary of a Department must ensure that the employment of individuals under this scheme complies with the Act and the specific provisions outlined in regulation 122. Additionally, the Australian Capital Territory Government and the Commonwealth Government must collaborate to ensure that the program is implemented effectively and meets its intended objectives of improving employment prospects for eligible individuals.
Failure to comply with the provisions of the amended Regulations may result in legal consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of the Public Service Act or associated regulations could lead to disciplinary action against public servants, fines, or other penalties as prescribed by the Act. The maximum penalties for such breaches could vary, but typically include administrative sanctions, monetary fines, or other civil or criminal consequences as deemed appropriate by the relevant authorities.