Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1983, issued under the authority of the Public Service Board, amends the Public Service Regulations by repealing regulation 99A. This regulation had previously provided for the payment of an annual allowance to officers and employees who undertook translating or interpreting duties in addition to their normal responsibilities. The 1983 amendment responds to a gap identified in the existing framework by replacing this regulation with a determination made under section 82D of the Public Service Act 1922. The policy objective of this change is to modernise the regulatory approach to allowances for additional duties, ensuring they are managed under a more flexible and current determination process rather than a static regulation. This approach allows the Public Service Board to better adapt to evolving operational needs and provide appropriate remuneration for staff undertaking critical language-related tasks.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1983, issued under the authority of the Public Service Board and approved by the Governor-General, modify the Public Service Regulations by repealing regulation 99A. This regulation, which concerned the payment of an annual allowance to officers and employees who perform translating or interpreting duties in addition to their normal responsibilities, has been replaced by a determination of the Public Service Board. This amendment applies to all officers and employees within the Commonwealth public service who are involved in translating or interpreting work. The geographic reach of this legislation is limited to the Commonwealth jurisdiction, meaning it applies to public servants across Australia who are employed by the federal government. The amendment is effective from the date of repeal of regulation 99A, and the new determination under section 82D of the Public Service Act governs the allowances from that point forward. There are no stated exclusions or thresholds in these regulations, and the scope is limited to the specific allowance for additional duties as outlined. The regulations do not extend or restrict application through subordinate instruments beyond the scope of this particular allowance.

Key Provisions

The primary operative sections of the Public Service Regulations (Amendment) Statutory Rules 1983 (No 36) concern the repeal of regulation 99A of the Public Service Regulations (paragraph 2). Regulation 99A, which provided for the payment of an annual allowance to officers and employees who perform translating or interpreting duties in addition to their normal duties, has been repealed. This repeal is significant as it alters the previous system of allowances and transitions to a new determination framework. Under the repealed regulation, officers and employees undertaking translating or interpreting duties were entitled to an annual allowance. This allowance was likely intended to compensate for the additional work and skills required in these roles. The replacement of this regulation by a determination of the Public Service Board (No 1 of 1983), made under section 82D of the Public Service Act 1922, signifies a shift in how such allowances are managed. This determination came into effect immediately upon the repeal of the regulation, ensuring there is no gap in the provision of allowances or benefits for those performing these additional duties. The obligations imposed by this Act on the parties it governs primarily involve the transition from the old regulation to the new determination process. The Public Service Board, in making this determination, must ensure that any officers and employees who previously received an annual allowance under regulation 99A continue to receive appropriate compensation under the new framework. This includes ensuring that the determination adequately reflects the additional duties and skills required for translating and interpreting work. There are no specific offences, penalties, or consequences outlined in these statutory rules for the breach of the repealed regulation or the transition to the new determination. However, the Public Service Board's determination must comply with the requirements of the Public Service Act 1922 and the Acts Interpretation Act 1901. Any failure to appropriately compensate officers and employees for their additional duties could potentially lead to administrative or legal challenges, although specific penalties are not detailed within the text of these rules. The focus remains on ensuring a smooth transition and continued fair compensation for those affected by the changes.