EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 7
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 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.
Section 21 of the Public Service and Statutory Authorities Amendment Act 1985 will, when proclaimed, insert into the Public Service Act 1922 a new section 82AG which will allow the engagement of youth trainees within the Australian Traineeship System.
Until section 21 comes into effect the trainees will be engaged using a transitional provision of the Amendment Act, sub-section 30(8). The trainees will be engaged under section 82 of the Public Service Act 1922. Other provisions of the Public Service and Statutory Authorities Amendment Act 1985 will keep section 82 in force in relation to such persons after its repeal by section 21.
The disciplinary code applies to “persons engaged by a Department to serve for a period of not less than one year” (regulation 165 and section 63T). The effect of the code is that immediately upon engagement of a person for a period in excess of one year, he or she cannot be terminated on the grounds of misconduct or in relation to a criminal conviction except in terms of the disciplinary code.
It is envisaged that most of the year trainees will be engaged for periods of over twelve months. Because of the temporary training nature of the scheme it is considered inappropriate for the disciplinary code with its formal procedures and appeal provisions to apply. The amendment to regulation 165 exempts trainees from the operation of the disciplinary code.