Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1989, made under the authority of the Prime Minister, amends the Public Service Regulations to reflect the changes brought about by the introduction of self-government in the Australian Capital Territory. The primary aim of this amendment is to adjust the regulatory framework to ensure it aligns with the new governance structure. Specifically, the amendment repeals certain powers previously held by the General Manager of the ACT Health Authority and the Chief Education Officer of the ACT Schools Authority, aligning with the vesting of these powers in the ACT Head of Administration as per the A.C.T. Self-Government (Consequential Provisions) Act 1988. Additionally, it removes references to these authorities from certain equal employment opportunity programs, as equivalent provisions are now included in the Electricity and Water Act 1988 (ACT) and the Community and Health Service Act 1985 (ACT). This legislative update aims to streamline and rationalise regulatory powers and obligations in light of the ACT's self-governance.

Scope and Application

The Public Service Regulations (Amendment) 1989 No. 399 amends the Public Service Regulations to adjust the scope of authority within the Australian Capital Territory (ACT) following the introduction of self-government. This amendment applies to specific entities within the ACT, namely the General Manager of the ACT Health Authority and the Chief Education Officer of the ACT Schools Authority. The amendment effectively removes the powers of a Secretary from these officials, aligning with the provisions of the A.C.T. Self-Government (Consequential Provisions) Act 1988, which vests such powers in the ACT Head of Administration. The regulation also removes references to these ACT authorities from Schedule 1AA of the Regulations, which previously included them in certain equal employment opportunity programs under the Public Service Act 1922. This change is rendered unnecessary due to the inclusion of similar provisions in the Electricity and Water Act 1988 (ACT) and the Community and Health Service Act 1985 (ACT). The amendment is made under the authority of the Prime Minister, ensuring its legal validity and adherence to the legislative framework governing public service regulations in the ACT.

Key Provisions

The Public Service Regulations (Amendment) 1989 No. 399, under the Public Service Act 1922, primarily modifies existing regulations to adapt to the changes brought about by the introduction of self-government in the Australian Capital Territory (ACT). Regulation 1 (1) removes the Secretary powers from the heads of two ACT authorities, specifically the General Manager of the ACT Health Authority and the Chief Education Officer of the ACT Schools Authority, aligning with the new governance structure. This repeal of regulation 4A is necessary because, following the introduction of self-government, the powers of a Secretary under the Act are now vested in the ACT Head of Administration as per subsection 21(2) of the A.C.T. Self-Government (Consequential Provisions) Act 1988. The Act imposes certain obligations and requirements on the entities it governs, including the necessity for the heads of the aforementioned authorities to adjust to the new governance structure and relinquish their Secretary powers. The amendment ensures that these authorities operate under the purview of the ACT Head of Administration, thereby maintaining a unified administrative structure. Furthermore, Regulation 2 (2) omits references to these ACT authorities in Schedule 1AA of the Regulations, reflecting the fact that these authorities are no longer subject to specific equal employment opportunity programs under section 22B of the Act. This change is due to the existing provisions in the Electricity and Water Act 1988 (ACT) and the Community and Health Service Act 1985 (ACT), which now adequately cover these areas. For breach of any regulations or provisions under the Public Service Act 1922, there may be significant consequences. Offences, penalties, or civil and criminal consequences can be imposed for non-compliance. Although the specific penalties are not detailed in the explanatory statement, the Act generally provides for penalties under sections such as section 99, which allows for fines and other penalties as prescribed by regulation. The severity of these penalties can vary depending on the nature and extent of the breach, with maximum penalties potentially reaching up to several thousand dollars. It is essential for the authorities involved to adhere strictly to the amended regulations to avoid any legal repercussions.