Public Service Regulations (Amendment)

Overview

The Statutory Rules 1961 No. 116, titled "Regulation Under the Public Service Act 1922-1960," was introduced by the Public Service Board in accordance with the authority conferred upon it by the Public Service Act 1922-1960. This legislative instrument was enacted to amend the existing Public Service Regulations by allowing for the delegation of certain powers and functions within the Public Service Board and its branches, thereby enhancing administrative efficiency and flexibility. The enacting body was the Public Service Board, and the regulation was subsequently approved by the Governor-General, as mandated by the Act. The policy objective was to facilitate more efficient management and delegation within the public service framework, ensuring that administrative tasks could be handled effectively by designated officials without unnecessary constraints.

Scope and Application

The Statutory Rules of 1961, No. 116, are a regulation under the Public Service Act 1922-1960. They are made by the Public Service Board and approved by the Governor-General, detailing amendments to the Public Service Regulations. The regulation outlines provisions for the delegation of powers and functions by the Board and Permanent Heads to members of the Board, officers, or employees. It specifies that the Board can delegate its powers except for the power of delegation itself and any powers required by the Act to be exercised by the Board. Similarly, Permanent Heads can delegate their powers to officers or employees, with certain conditions and the possibility of revocation at any time. Additionally, it assigns specific authorities to key officials such as the Chairman of the Board, the Auditor-General, the Commissioner of Taxation, the Chairman of the Australian Broadcasting Control Board, and the National Librarian, granting them the powers of a Permanent Head over their respective branches of the Commonwealth Service.

Key Provisions

The Public Service Regulations, as amended, include several key provisions concerning delegation of powers and functions within the Commonwealth public service. Regulation 4a allows the Board to delegate its powers and functions to a member of the Board or an officer, except for the power of delegation itself and any functions that must be performed by the Board (reg. 4a(1)). This delegation can be general or specific as outlined in the written instrument of delegation (reg. 4a(1)). Importantly, any delegation under this regulation can be revoked at any time and does not prevent the Board from exercising the delegated powers or functions (reg. 4a(2)). Regulation 4b grants specific individuals, including the Chairman of the Board, the Auditor-General, the Commissioner of Taxation, the Chairman of the Australian Broadcasting Control Board, and the National Librarian, the powers and functions of a Permanent Head in relation to the branches of the Commonwealth Service under their direct control (reg. 4b). This means these individuals can exercise the same powers as a Permanent Head in their respective areas of responsibility. Regulation 4c allows a Permanent Head to delegate their powers and functions to an officer or, with Board approval, to an employee (reg. 4c(1)). Similar to regulation 4a, this delegation can be general or specific and can be revoked at any time without preventing the Permanent Head from exercising those powers or functions (reg. 4c(2)). Notably, for the purposes of this regulation, the Chairman of the Board, the Auditor-General, the Commissioner of Taxation, the Chairman of the Australian Broadcasting Control Board, and the National Librarian are each considered a Permanent Head (reg. 4c(3)). While the regulations themselves do not explicitly outline offences, penalties, or consequences for breaches, it is likely that any misuse or improper exercise of delegated powers could lead to disciplinary action or other legal consequences under the Public Service Act 1922-1960 or other relevant legislation. Such actions could include termination of employment, fines, or other penalties as determined by the appropriate authorities. The precise consequences would depend on the specific nature of the breach and the applicable laws at the time.