EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 187
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, inter alia, 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 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 entitlements and rights to return to the Service. Part IV applies to officers employed by a “public authority” which is defined in subsection 87(1) as including:
“(b) a body corporate, other than a Commonwealth authority, in which the Commonwealth or a Commonwealth authority has a direct or indirect pecuniary interest, being a body corporate prescribed by the regulations for the purposes of this paragraph;”
The Australian Railway Research and Development Organisation (“ARRDO”) is a company limited by guarantee incorporated in Victoria.
ARRDO has a Board of Directors (non-profit positions) consisting of the chief executives of the Australian rail systems and including the Secretary of the Department of Transport. ARRDO’s operating costs are met by the various rail systems which are in turn reimbursed a proportion of the costs under the Transport (Planning and Research) Act 1974 and the Transport Planning and Research (Financial Assistance) Act 1977.
It therefore falls within paragraph (b) of the definition of public authority in sub-section 87(1) of the Act and may be prescribed by the regulations.
The effect of prescription is that officers of the Australian Public Service employed by ARRDO will be covered by the Part IV mobility provisions of the Act, which give protection as to conditions of service and right of return to the Service.
Section 87B of the Act provides, inter alia, that the Board shall not make a regulation for the purposes of the definition of “public authority” unless the Board is satisfied as to the terms and conditions of employment of
the holder of the relevant office or appointment 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 or appointee. The Board and the officer authorised by the Minister for Finance are satisfied as required in relation to appointments to ARRDO.