EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 75
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Paragraph 97 (1) (j) of the Public Service Act 1922 provides that the Public Service Board may, with the approval of the Governor-General, make regulations to prescribe the allowances which may be paid to officers or employees.
These Statutory Rules amend regulation 99A of the Public Service Regulations by increasing the amount of the allowance payable to officers or employees who perform, in addition to their normal duties, translating or interpreting duties. The Statutory Rules provide for an increase in the allowance to $355 per annum, back-dated to 22 October 1981, which is the date of effect of the pay increase awarded by a Full Bench of the Conciliation and Arbitration Commission on 22 December 1981 to clerical/administrative and related groups in the Australian Public Service.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1982 were introduced to address the need for updating the allowances paid to officers and employees within the Australian Public Service who undertake translating or interpreting duties in addition to their regular responsibilities. Enacted by the Public Service Board with the approval of the Governor-General, these Statutory Rules amend regulation 99A of the Public Service Regulations. The primary objective of this amendment is to align the allowances with the pay increase awarded by the Conciliation and Arbitration Commission on 22 December 1981, ensuring that those performing these additional duties receive appropriate remuneration reflective of their enhanced responsibilities. The increase to $355 per annum, effective from 22 October 1981, aims to provide fair compensation for the additional skills and effort required for translating or interpreting tasks.
Scope and Application
The Statutory Rules 1982 No 75, Public Service Regulations (Amendment), amends the existing Public Service Regulations under the authority granted by the Public Service Act 1922. This amendment specifically targets regulation 97(1)(j), which pertains to the allowances payable to officers or employees of the Australian Public Service who undertake translating or interpreting duties in addition to their regular responsibilities. The amendment increases the allowance to $355 per annum, effective from 22 October 1981, aligning with the pay increase awarded to clerical/administrative and related groups by a Full Bench of the Conciliation and Arbitration Commission on 22 December 1981. This amendment applies to all officers and employees of the Australian Public Service who perform such additional duties, ensuring their remuneration reflects the increased responsibilities and the associated pay rise. The amendment does not explicitly state any exclusions, exemptions, or thresholds, thereby applying broadly to all qualifying officers and employees across the Commonwealth.
Key Provisions
The main operative sections of these Statutory Rules are primarily concerned with amendments to the Public Service Regulations, specifically targeting regulation 99A. This regulation pertains to the allowances that can be paid to officers or employees who undertake translating or interpreting duties in addition to their regular roles. Regulation 99A is amended to increase the allowance from its previous amount to $355 per annum. This adjustment is back-dated to 22 October 1981, aligning with the date of the pay increase awarded by a Full Bench of the Conciliation and Arbitration Commission on 22 December 1981 to clerical/administrative and related groups within the Australian Public Service.
The obligations and requirements imposed by these Statutory Rules are straightforward. They mandate that the Public Service Board, with the Governor-General’s approval, can make regulations to determine the allowances paid to officers or employees who perform translating or interpreting duties. These amendments ensure that the allowance is updated to reflect the pay increase awarded by the Conciliation and Arbitration Commission. This alignment ensures that officers or employees who undertake these additional duties receive compensation commensurate with the recognised value of their work.
In terms of potential breaches, the Statutory Rules themselves do not explicitly outline offences or penalties for non-compliance. However, any failure to adhere to the updated allowances set out in these regulations could lead to legal challenges or disputes regarding the payment of allowances. It is important for the Public Service Board and relevant authorities to ensure that the amended allowances are correctly implemented and communicated to all affected officers or employees. Non-compliance with these regulations might result in civil consequences, such as legal actions for underpayment or disputes in employment tribunals.
The Statutory Rules do not specify particular maximum penalties for breaches of the regulations; however, any failure to comply with the updated allowances could result in significant repercussions. Civil actions may be pursued by employees who do not receive the correct allowances, potentially leading to compensation claims. Additionally, if the Public Service Board fails to implement these changes as required, it could face reputational damage and potential scrutiny from oversight bodies. Ensuring adherence to the regulations is critical to avoid these civil and administrative consequences.