EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 108
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, or which are necessary or convenient 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 leave entitlements and rights to return to the Service.
Section 87 of the Act sets out various forms of eligible public employment for the purposes of Part IV of the Act. In particular it provides that employment by a body corporate prescribed by regulation for the purposes of paragraph (d) of the definition of “public authority” in sub-section 87(1), constitutes eligible public employment.
The National Accreditation Authority for Translators and Interpreters Ltd. is a body corporate, incorporated under the Companies Act 1981 and as such falls within paragraph (d), of the definition of “public authority” in sub-section 87(1). Officers and employees of the Australian Public Service who wish to be employed by the authority were previously required to resign from the Service or to seek leave without pay.
It was desired to bring employment with the National Accreditation Authority for Translators and Interpreters Ltd. within the officers’ mobility scheme set out in Part IV of the Act.
The Statutory Rules repeal regulation 171AA and insert new sub-regulations 171AA(1) and 171AA(2) and related schedules into the Public Service Regulations. Sub-regulation 171AA(2) prescribes the National Accreditation Authority for Translators and Interpreters Ltd. as a body corporate for the purposes of paragraph (d) of the definition of “public authority” in sub-section 87(1) of the Act. The Statutory Rules also replace earlier prescriptions of other bodies for the purposes of the definition of “public authority” in sub-section 87(1) of the Act with a more convenient schedule form.
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 relevant employees by the particular body, 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 employment of relevant employees by that body. The Board and the officer authorised by the Minister for Finance expressed satisfaction as required in relation to the National Accreditation Authority for Translators and Interpreters Ltd.
Overview
The Public Service (Amendment) Regulations 2004 were enacted to address the issue of Australian Public Service (APS) officers and employees losing their leave entitlements and rights to return to the Service when employed by the National Accreditation Authority for Translators and Interpreters Ltd. (NAATI), a body corporate defined under the Public Service Act 1922. The Act, passed by the Australian Parliament, empowers the Public Service Board to create regulations necessary for its implementation. The stated objective of this regulatory amendment is to include employment with NAATI within the officers' mobility scheme outlined in Part IV of the Act, ensuring that APS officers can transition to such employment without resigning or taking leave without pay. This change aims to streamline the process and maintain the continuity of leave entitlements and return rights for APS officers transitioning to employment with NAATI.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 108 amend the Public Service Regulations to bring the employment with the National Accreditation Authority for Translators and Interpreters Ltd. within the officers’ mobility scheme set out in Part IV of the Public Service Act 1922. This amendment applies to officers and employees of the Australian Public Service who wish to be employed by the National Accreditation Authority for Translators and Interpreters Ltd. without resigning from the Service or seeking leave without pay. The amendment repeals regulation 171AA and inserts new sub-regulations 171AA(1) and 171AA(2) and related schedules into the Public Service Regulations. The Public Service Board, with the approval of the Governor-General, made these regulations under the authority of sub-section 97(1) of the Public Service Act 1922. The Board and the officer authorised by the Minister for Finance expressed satisfaction as required in relation to the National Accreditation Authority for Translators and Interpreters Ltd. The amendment has a Commonwealth jurisdictional reach, as it is an amendment to the Public Service Regulations made under the authority of an Act of the Commonwealth Parliament.
Key Provisions
The main provisions of the Public Service Regulations (Amendment) Statutory Rules 1985 No. 108 involve amendments to the Public Service Regulations to incorporate the National Accreditation Authority for Translators and Interpreters Ltd. (NAATI) as a body corporate under the definition of "public authority" in sub-section 87(1) of the Public Service Act 1922 (the Act). Specifically, the Statutory Rules repeal regulation 171AA and insert new sub-regulations 171AA(1) and 171AA(2) (paragraph 1). These amendments are intended to bring NAATI within the officers’ mobility scheme outlined in Part IV of the Act, allowing officers and employees of the Australian Public Service to be employed by NAATI while retaining certain leave entitlements and rights to return to the Service, without the previous requirement to resign or seek leave without pay.
The obligations imposed by these regulations on the parties involved are primarily focused on ensuring compliance with the terms and conditions of employment and superannuation arrangements. According to section 87B of the Act, the Public Service Board must not make a regulation for the purposes of defining "public authority" unless it is satisfied with the terms and conditions of employment of relevant employees by the particular body and the Minister for Finance or an authorised officer is satisfied with the arrangements for superannuation benefits in relation to that employment (paragraph 3). In this case, both the Board and the authorised officer expressed satisfaction regarding NAATI, thereby allowing for its inclusion under the Act’s provisions.
The Statutory Rules also establish potential consequences for non-compliance with the regulations. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the explanatory statement, it can be inferred that failure to comply with the terms and conditions of employment or superannuation arrangements as required by section 87B of the Act could lead to legal repercussions (paragraph 4). The precise penalties would depend on the nature and severity of the breach, but they could potentially include fines, legal action, or other administrative measures as stipulated by relevant legislation. The inclusion of NAATI in the regulations aims to streamline the process for officers and employees to transition between public service roles and employment with NAATI while ensuring all necessary conditions are met.