Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1982, issued under the authority of the Public Service Board, was enacted to address the redundancy and update the allowances for officers and employees engaged in low-flying duties within the public service. This amendment arises from the provisions under the Public Service Act 1922, which allows the Public Service Board to make regulations concerning allowances payable to public officers and employees, subject to the approval of the Governor-General. The specific objective of this amendment is to replace an outdated allowance with a new one, as outlined under section 82D of the Public Service Act. This change is designed to streamline the allowance structure and ensure that it remains relevant and adequate for the duties involved in low-flying activities. The regulations are set to commence on 4 December 1982, as stipulated in the proposed Statutory Rules.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1982, numbered 336, pertain to the allowances paid to officers and employees within the public service sector, as authorised by the Public Service Act 1922. These rules apply to public service officers and employees who are eligible for allowances under the specified regulations, particularly those involved in low flying duties. The amendment replaces the existing allowance under regulation 95B with a new allowance, rendering the former redundant. This change is effective from 4 December 1982 as stipulated in regulation 1. Regulation 2 repeals the existing regulation 95B, ensuring the new allowance structure is in effect. The scope of this amendment is limited to the public service sector, impacting only those employees who perform low flying duties and are entitled to allowances under the Public Service Act. The jurisdictional reach of these rules is national, as they are made under the authority of the Commonwealth's Public Service Board.

Key Provisions

The main operative sections of the Statutory Rules 1982 No 336 are Regulation 1 and Regulation 2 (Paragraph 97(1)(j) of the Public Service Act 1922). Regulation 1 sets the commencement date for the new regulations on 4 December 1982. This date marks the effective implementation of the new allowance intended to replace the existing allowance for officers and employees performing low flying duties. Regulation 2 repeals the existing Regulation 95B, which previously prescribed the allowance for such duties. This repeal signifies the obsolescence of the old regulation as it is replaced by the new allowance. The Public Service Regulations (Amendment) imposes specific obligations on the parties or entities it governs. It requires that the new allowance prescribed under the new regulations be applied to officers and employees performing low flying duties, replacing the old allowance previously stipulated in Regulation 95B. This amendment ensures that the compensation structure is updated to reflect current standards or requirements. Furthermore, it mandates that the Public Service Board, as the governing body, must ensure that all relevant documentation and communications are updated to reflect the changes brought about by the new regulations. Breach of the provisions set out in the Public Service Regulations (Amendment) may lead to various consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is reasonable to infer that failing to adhere to the new regulations could result in legal ramifications. These could include civil or administrative penalties, depending on the nature and extent of the breach. Additionally, officers and employees may face disciplinary actions or other consequences as stipulated by the Public Service Act 1922 and associated regulations. The exact penalties would be determined by the relevant authorities in accordance with the prevailing laws and regulations.