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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 7, issued under the authority of the Public Service Board and approved by the Governor-General, aim to address the need for a regulatory framework that accommodates the engagement of youth trainees within the Australian Traineeship System. This amendment responds to the impending insertion of section 82AG into the Public Service Act 1922 by the Public Service and Statutory Authorities Amendment Act 1985, which allows for the engagement of youth trainees. The policy objective is to ensure that the disciplinary provisions applicable to public servants do not unduly constrain the management of youth trainees, given their temporary training nature and typically short engagement periods. Until section 21 of the Amendment Act comes into effect, trainees are engaged under transitional provisions of section 82 of the Public Service Act 1922, with continued application of section 82 post-repeal facilitated by other provisions of the Amendment Act.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1986 No. 7 apply to individuals engaged by a Department within the Australian Public Service to serve for a period of not less than one year, although it is anticipated that most youth trainees will be engaged for periods exceeding twelve months. The regulations specifically pertain to the engagement of youth trainees within the Australian Traineeship System, which is facilitated by transitional provisions until the Public Service and Statutory Authorities Amendment Act 1985 is proclaimed. These regulations also affect statutory authorities under the Commonwealth's jurisdiction. Notably, the disciplinary code does not apply to these trainees due to the temporary and training nature of their engagement, as per the amendment to regulation 165 which exempts trainees from the operation of the disciplinary code. However, this exemption does not extend to all trainees, as it only applies to those engaged under the transitional provisions or the new section 82AG once it comes into effect.
Key Provisions
The main operative sections of this legislation pertain to the regulation of youth trainees within the Australian Traineeship System under the Public Service Act 1922. The legislation allows for the engagement of youth trainees until section 21 of the Public Service and Statutory Authorities Amendment Act 1985 comes into effect, at which point trainees will be engaged under a new section 82AG (section 2). Until that time, trainees are engaged using a transitional provision, sub-section 30(8), of the Amendment Act, under section 82 of the Public Service Act 1922 (section 2). The disciplinary code, which applies to persons engaged for a period of not less than one year, does not apply to trainees due to the temporary nature of their training (regulation 165 and section 63T).
The obligations and requirements imposed by this Act ensure that youth trainees are engaged within the legal framework provided by the Public Service Act 1922 and its associated regulations. The Act specifies that until the new section 82AG is enacted, trainees will continue to be engaged under section 82 of the Act, and the disciplinary code will not apply to them. This transitional arrangement is designed to maintain continuity in the engagement of trainees while the permanent legislative framework is being established. The Act also mandates that once section 21 of the Amendment Act is proclaimed, trainees will be governed by the new section 82AG, ensuring that the legislative provisions are up to date and reflective of the intended structure for trainee engagement.
Breach of the provisions in this legislation could result in civil or criminal consequences, though specific penalties are not detailed in the explanatory statement. The disciplinary code, which typically governs misconduct and criminal convictions, does not apply to trainees due to their temporary status. However, the Act does not explicitly state the consequences of non-compliance with the engagement provisions. Given the regulatory nature of the Act, any failure to adhere to the stipulated engagement methods or the transitional provisions could potentially lead to legal challenges or administrative penalties, although the exact nature of these consequences is not outlined in the provided text.
Overall, the legislation aims to provide a clear and temporary framework for the engagement of youth trainees within the Australian Traineeship System until a more permanent legislative solution is in place. The transitional provisions ensure that trainees continue to be engaged legally, and the exemption from the disciplinary code acknowledges the temporary and training-focused nature of their roles. The Act’s focus on maintaining a seamless transition to the new legislative framework underscores the importance of having a robust and adaptable regulatory environment for public service trainees.