EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 107
PUBLIC SERVICE REGULATIONS (AMENDMENT)
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.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to amend these regulations.
The statutory rules repeal those provisions in regulation 87 of the Public Service Regulations, which provided for the payment of a higher duties allowance to an officer who has been directed to perform temporarily the whole or part of the duties of a higher office. Accordingly, the statutory rules omit sub-regulations 87(2) to 87(12) and 87(16) to 87(23). The payment of higher duties allowances is now provided for by a Public Service Board determination made under the powers conferred in section 82D of the Act. Secondly, a consequential amendment made by the statutory rules in sub-regulation 87(14) omits a reference to a repealed provision.
Thirdly, the statutory rules amend regulation 33E of the Public Service Regulations by inserting a new provision. Regulation 33E provides for a review mechanism for certain decisions made under Public Service Board determinations. The new provision adds a further decision to which regulation 33E review mechanisms applies. This is a decision which is required to be made by an authorised officer under the determination on the payment of higher duties allowances, and relates to the classification in respect of which an officer is deemed to be performing duties where the officer is required to perform part only of the duties of a higher office.
Fourthly, the statutory rules replaced the references in regulation 33E to the Chief Officer as the decision-maker under a Board determination to a broader concept used in the determinations, by referring to “an authorised officer” as the decision-maker. A further amendment to regulation 33E adds a new provision to define the concept of “an authorised officer”.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1984 were enacted to refine the administration of allowances and reviews within the public service framework. This legislation was introduced to address gaps in the regulation of higher duties allowances and to streamline the review processes for certain decisions under the Public Service Board determinations. The Public Service Board, with the authority granted under the Public Service Act 1922, made these amendments to enhance the efficiency and clarity of the public service regulatory environment. The policy objective, as implied, is to ensure that the public service operates with updated and streamlined regulations that align with the current practices and determinations made by the Board. These amendments reflect a shift towards more precise and inclusive regulatory language, facilitating better governance within the public service sector.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 107 apply to officers within the public service who are governed by the Public Service Act 1922, and to the Public Service Board which has the authority to make regulations under this Act. These regulations primarily affect the payment of higher duties allowances to officers temporarily assigned to higher office duties, and the review mechanisms for decisions related to such allowances. The scope of the amendment is confined to the internal administration of public service operations and is intended to streamline the process of paying higher duties allowances through a Public Service Board determination, rather than through regulations. This amendment effectively transfers the responsibility for certain administrative decisions from the Board to authorised officers, thereby clarifying the roles and responsibilities within the public service framework.
The jurisdictional reach of these regulations is within the Commonwealth, impacting federal public service officers and the Board's regulatory functions. The amendment does not extend to state or territory public services, nor does it affect entities or individuals outside the federal public service. There are no stated exclusions or exemptions within the text, and the regulations themselves do not establish thresholds but operate under the broader provisions of the Public Service Act 1922. The application of these rules may be further defined or extended through subordinate instruments issued by the Public Service Board under its regulatory powers.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 107, issued under the authority of the Public Service Board, contain several key provisions that amend existing regulations related to the Public Service Act 1922 (1). These amendments focus on the payment of higher duties allowances and the review mechanisms for certain decisions made under Public Service Board determinations. Firstly, the regulations repeal and replace certain provisions in regulation 87, which previously dealt with the payment of higher duties allowances to officers temporarily performing duties of a higher office (2). The repealed sub-regulations 87(2) to 87(12) and 87(16) to 87(23) are omitted, as the payment of higher duties allowances is now governed by a Public Service Board determination made under section 82D of the Act (3). Additionally, a consequential amendment in sub-regulation 87(14) removes a reference to a repealed provision.
These amendments impose specific obligations on the parties involved. For instance, the Public Service Board is now responsible for making determinations regarding the payment of higher duties allowances, and authorised officers must make decisions based on these determinations (4). Furthermore, the regulations introduce a review mechanism for certain decisions made by authorised officers under these determinations, particularly those relating to the classification of duties performed by officers (5). This ensures that decisions are made fairly and in accordance with the regulations.
Failure to comply with the amended regulations may result in various consequences. While specific offences and penalties are not detailed in the explanatory statement, non-compliance with Public Service Board determinations or regulations can generally lead to administrative or legal actions (6). These actions may include financial penalties, the requirement to rectify decisions, or other administrative measures as deemed necessary by the Public Service Board. The maximum penalties for breaches of public service regulations are not specified in the statutory rules but would typically be determined by the relevant administrative or judicial authorities based on the severity of the breach.
In summary, the Public Service Regulations (Amendment) Statutory Rules 1984 No. 107 amend the existing regulations to update the process for the payment of higher duties allowances and to introduce a review mechanism for decisions made by authorised officers under Public Service Board determinations (7). These changes place specific obligations on the Public Service Board and authorised officers to ensure compliance with the new provisions, and non-compliance may result in administrative or legal consequences.