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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 187 was enacted to address the need for clear regulation regarding officers of the Australian Public Service who may be engaged by entities outside the traditional Commonwealth authorities but still within the scope of public interest. This regulation is an amendment to the Public Service Act 1922 and was issued with the authority of the Public Service Board. The primary objective of this legislation is to extend the applicability of Part IV of the Act, which concerns the mobility provisions for officers, to include appointments within the Australian Railway Research and Development Organisation (ARRDO), thereby ensuring these officers retain their entitlements and rights to return to the Australian Public Service. This amendment aligns with the policy objective of maintaining consistency and fairness in the terms and conditions of employment and superannuation benefits for public service officers across various public authorities.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1986 No 187, issued under the authority of the Public Service Board and approved by the Governor-General, extend the application of the Public Service Act 1922 to officers of the Australian Public Service who are employed by public authorities. These regulations particularly target entities like the Australian Railway Research and Development Organisation (ARRDO), a company limited by guarantee incorporated in Victoria and consisting of the chief executives of Australian rail systems, including the Secretary of the Department of Transport. ARRDO, being a body corporate in which the Commonwealth has a direct or indirect pecuniary interest, falls under the definition of a public authority as prescribed in the regulations. Consequently, officers employed by ARRDO are subject to the mobility provisions outlined in Part IV of the Act, ensuring they retain specific entitlements and rights to return to the Australian Public Service.
These regulations do not apply to all entities but are specifically tailored to those prescribed by the Board, ensuring compliance with employment terms and conditions and superannuation arrangements as per the Superannuation Act 1976. The amendments aim to streamline the regulatory framework governing the employment conditions of public service officers across various public authorities, thus enhancing the efficiency and effectiveness of the public service system.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1986 No 187, issued under the authority of the Public Service Board and approved by the Governor-General, primarily focus on amending the existing regulations to include the Australian Railway Research and Development Organisation (ARRDO) as a prescribed public authority under subsection 87(1) of the Public Service Act 1922 (the Act). This inclusion ensures that officers of the Australian Public Service employed by ARRDO are covered by the mobility provisions in Part IV of the Act, which protect their conditions of service and guarantee their right to return to the Service (Section 87B).
The regulations impose specific obligations on ARRDO and the officers it employs. ARRDO must ensure that the terms and conditions of employment for these officers meet the standards set by the Board, and the Minister for Finance or an authorised officer must confirm that appropriate arrangements have been made for superannuation benefits under the Superannuation Act 1976. This ensures that the officers' employment terms are consistent with the requirements of both the Public Service Act and the Superannuation Act.
Failure to comply with the provisions of the Act or the regulations can result in significant consequences. While the Statutory Rules themselves do not specify detailed penalties, breaches of the Public Service Act can lead to various civil or criminal liabilities. These can include fines, disciplinary actions, and other legal repercussions, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with other relevant legislation and the specific circumstances of the case.
In summary, the regulations amend the Public Service Regulations to include ARRDO as a prescribed public authority, thereby extending the protections and entitlements of Part IV of the Public Service Act to its officers. These amendments are designed to ensure that the employment conditions and benefits for officers working for ARRDO align with those of the broader Australian Public Service. Compliance with these regulations is critical to maintaining the integrity of the public service framework and ensuring that officers retain their rights and protections under the Act.