EXPLANATORY STATEMENT
1984 No. 253
PUBLIC SERVICE REGULATIONS (AMENDMENTS)
Issued with the authority of the Public Service Board
Sub-section 97(1) 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 carrying out or giving effect to the Act.
Part IV of the Act provides a means by which officers of the Australian Public Service may engage in other public employment whilst retaining certain leave entitlements and rights to return to the Service.
Section 87 of the Act sets out various forms of eligible employment for the purposes of Part IV of the Act. In particular it provides that employment as the holder of a ‘public office’ constitutes eligible employment. ‘Public office’ is defined in sub-section 87(1) as:
‘(a) a Commonwealth office;
(b) an office or appointment the holder of which is appointed -
(i) by the Governor of a State or by a Minister of a State; or
(ii) by the Administrator of the Northern Territory or by an Executive Member of the Legislative Assembly for the Northern Territory,
being an office or appointment prescribed, or included in a class of offices or appointments prescribed, by the regulations for the purposes of this paragraph; or
(c) any other office or appointment prescribed, or included in a class of other offices or appointments prescribed, by the regulations for the purposes of this paragraph,
but does not include an office or appointment in the public service of a State or of the Northern Territory;’.
‘Commonwealth office’ is defined in sub-section 87(1) as being, in part, an office or appointment the holder of which is appointed by the Governor-General or by a Minister.
It is desired that an officer of the Public Service appointed as a member of the Joint Coal Board be covered by Part IV of the Act. Such an appointment is not a Commonwealth office because members of the Joint Coal Board are appointed jointly by the Governor-General and the Governor of the State of New South wales. Nor does it fall under sub-paragraph (b)(i) of the definition of ‘public office’, for a similar reason. It is therefore necessary to cover the appointment by the making of a regulation under paragraph (c) of that definition.
These statutory rules insert regulation 171A into the Public Service Regulations. This regulation prescribes the office of member of the Joint Coal Board for the purposes of paragraph (c) of the definition of ‘public office’ in sub-section 87(1) of the Act.
Section 87B of the Act provides, inter alia, that the Board shall not make a regulation for the purposes of the definition of ‘public office’ unless the Board is satisfied as to the terms and conditions of employment of the holder of the relevant office, and the Minister for Finance or an officer authorised by him is satisfied about the arrangements that have been made for benefits under the Superannuation Act 1976 in relation to the office-holder. The Board and the officer authorised by the Minister for Finance are satisfied as required in relation to the office of member of the Joint Coal Board.