EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 40
Amendment of the Public Service Regulations
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 provides that the Public Service Board may, with the approval of the Governor-General, make regulations to prescribe all matters which are required or permitted to be prescribed for giving effect to the Act.
Paragraph 50(8A)(b) of the Act provides that where an appeal is made against a provisional promotion to an office having a rate of salary which exceeds a rate prescribed for the purposes of sub-section 50(8A) of the Act, a Promotions Appeal Committee shall make a report on the claims of the parties to the Public Service Board, which shall determine the appeal. Regulation 109H of the Public Service Regulations prescribes the rate of salary for the purposes of sub-section 50(8A) of the Act. It has been long-standing practice to set the rate at $1 less than the rate of salary applicable to an office of Level 1, Second Division.
In accordance with the above these Statutory Rules amend regulation 109H by increasing the prescribed rate of salary to reflect the decision of the Full Bench of the Conciliation and Arbitration Commission of 22 December 1981.
Overview
The Statutory Rules 1982 No. 40, issued under the authority of the Public Service Board, amends the Public Service Regulations to adjust the prescribed rate of salary for provisional promotions as outlined in the Public Service Act 1922. This amendment was necessitated to align with the Full Bench decision of the Conciliation and Arbitration Commission dated 22 December 1981. This regulation specifically pertains to Regulation 109H, which sets the salary threshold for appeals against provisional promotions to offices exceeding a certain rate. The Act empowers the Public Service Board to make such regulations with the approval of the Governor-General, thereby ensuring that the salary rates reflect contemporary decisions and maintain fairness within the public service framework. The policy objective is to uphold the integrity and efficiency of the public service by ensuring that salary rates and promotions are fairly and accurately determined.
Scope and Application
The Statutory Rules 1982 No. 40, issued under the authority of the Public Service Board, pertain to the amendment of the Public Service Regulations to align with the decision of the Full Bench of the Conciliation and Arbitration Commission dated 22 December 1981. This amendment specifically modifies Regulation 109H, which sets the salary threshold for appeals against provisional promotions within the public service. The Act applies to individuals and entities within the Commonwealth public service who are involved in the process of provisional promotions, particularly where the salary rate exceeds a specified threshold. The regulation adjustment is designed to reflect updated salary rates as determined by the Commission, ensuring that the provisions of the Public Service Act 1922 remain current and applicable to the relevant personnel and their promotions. The geographic reach of these regulations is confined to the Commonwealth, encompassing all public service offices within Australia. No exclusions, exemptions, or specific thresholds are explicitly stated beyond the adjustments made to the salary rate as per the Commission's decision.
Key Provisions
The primary operative section of these Statutory Rules ((1982 No. 40)) is the amendment to regulation 109H of the Public Service Regulations, which sets the prescribed rate of salary for certain provisions under the Public Service Act 1922. Specifically, section 97(1) of the Act allows the Public Service Board to make regulations with the Governor-General’s approval, and paragraph 50(8A)(b) of the Act details the process for appeals against provisional promotions where the salary rate exceeds a prescribed amount. The amendment adjusts the prescribed salary rate to align with the decision of the Full Bench of the Conciliation and Arbitration Commission dated 22 December 1981.
These Statutory Rules impose specific obligations on the Public Service Board and the Promotions Appeal Committee. The Public Service Board must ensure that the updated salary rate prescribed in regulation 109H is implemented correctly and consistently across all relevant promotions and appeals. The Promotions Appeal Committee is tasked with making reports on the claims of parties involved in appeals against provisional promotions, which the Public Service Board then uses to determine the outcome of such appeals.
Failure to comply with these regulations could lead to legal challenges regarding the fairness and legality of promotions and appeals within the public service. While the Statutory Rules do not explicitly outline specific offences or penalties for breaches, non-compliance with the regulations could potentially lead to judicial review or other legal actions. The consequences could include the invalidation of promotions, financial penalties, or other remedies as deemed appropriate by a court.
The maximum penalties for breaches of these regulations are not explicitly stated in the Statutory Rules but could involve civil or criminal liabilities depending on the nature and extent of the non-compliance. The specific outcomes would depend on the findings of any subsequent legal proceedings, which could result in financial penalties, re-evaluation of promotions, or other corrective measures.