EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 211
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.
Upon the commencement of section 19 of the Public Service Reform Act 1984, sub-section 29C(2) of the Act will provide, inter alia, that a declaration of an office to be a part-time office shall not specify hours of attendance that are greater than the hours of attendance prescribed by the regulations for the purpose of paragraph 29C(2)(a) or less than the hours of attendance prescribed by the regulations for the purpose of paragraph 29C(2)(b).
Regulation 2 inserts in the Public Service Regulations a new regulation 9 to prescribe the maximum and minimum hours of attendance for offices declared to be part-time offices. The maximum hours of attendance are to be 30 hours per week and the minimum hours of attendance are to be 15 hours per week.
Part IV of the Act provides a scheme whereby officers of the Service can obtain employment in other areas of public employment (‘eligible public employment’), for example statutory authorities not staffed under the Act, whilst retaining rights to return to their employment in the Service.
At present this scheme only operates where the eligible public employment is full-time. Sub-section 95(2) of the Public Service Reform Act 1984 amends section 87 of the Act to extend the definition of ‘employment’ to include part-time employment. Under the amended definition, ‘employment’ will mean -
(a) employment in a full-time capacity; or
(b) employment in a part-time capacity where -
(i) the person employed does not also perform duties in the Service;
(ii) the number of ordinary hours of duty per week applicable to the person in respect of the employment is greater than the number of hours prescribed by the regulations for the purposes of this sub-paragraph; and
(iii) the employment is not employment of a kind that the Board has declared, in writing, to be non-qualifying part-time employment for the purposes of this sub-paragraph.
Regulation 2 inserts in the Public Service Regulations a new regulation 10 which prescribes 14 59/60th as the number of hours for the purposes of sub-paragraph (b)(ii) of the definition of ‘employment’. Thus employment for 15 hours per week in eligible public employment will be sufficient to attract the operation of the officers’ mobility provisions of Part IV of the Act. This is the same minimum number of hours that will be required for officers working part-time in the Service.
Regulation 1 provides for the regulations to come into operation on the day on which section 19 of the Public Service Reform Act comes into operation. 1 September has been fixed as the day upon which various provisions including section 19 of the Public Service Reform Act 1984 relating to part-time employment come into operation.
Overview
The Public Service (Amendment) Regulations 2004, issued under the authority of the Public Service Board, were enacted to address the gap in the Public Service Act 1922 concerning the hours of attendance for part-time offices and the extension of mobility provisions to include part-time employment. The regulations were authorised by Sub-section 97(1) of the Public Service Act, which allows the Public Service Board, with the approval of the Governor-General, to make regulations necessary or convenient to carry out the Act. The Public Service Reform Act 1984 introduced changes to the definition of 'employment' to include part-time employment, necessitating these regulations to specify the maximum and minimum hours of attendance for part-time offices and to align these with the new definition of part-time employment. These amendments ensure that officers can retain their mobility rights when taking on part-time roles in other public employment sectors. The regulations aim to provide a clear framework for the implementation of these changes, ensuring consistency and fairness in the application of the law to part-time employment within the public service.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 211, made under the authority of the Public Service Board, are designed to align the Public Service Act 1922 with the modern requirements of part-time employment within the public service sector. These regulations apply to officers within the public service who are eligible for part-time employment, ensuring that such positions are clearly defined in terms of hours and conditions. The regulations set a maximum of 30 hours and a minimum of 15 hours per week for part-time offices, establishing a uniform standard across eligible public employment. Furthermore, the amendments extend the definition of ‘employment’ to include part-time roles, provided they meet the prescribed hourly thresholds and do not conflict with duties within the service. These changes facilitate a smoother transition for officers between full-time and part-time positions, enhancing the flexibility and applicability of the public service mobility scheme. The regulations are set to take effect on 1 September, coinciding with the implementation of relevant provisions in the Public Service Reform Act 1984.
Key Provisions
The main operative sections of these Statutory Rules, particularly regulation 2, introduce new regulations into the Public Service Regulations to address the minimum and maximum hours of attendance for part-time offices (regulation 9) and the minimum number of hours for part-time employment for the purposes of officers’ mobility provisions (regulation 10). Regulation 9 sets the maximum hours of attendance for part-time offices at 30 hours per week and the minimum hours at 15 hours per week, while regulation 10 specifies 14 59/60th as the minimum number of hours for part-time employment, aligning it with the minimum hours for part-time officers within the Service.
These regulations impose specific obligations on the Public Service Board and public service officers. The Board is responsible for ensuring that any declaration of an office as part-time adheres to the prescribed hours, ensuring that the hours of attendance are not greater than 30 hours or less than 15 hours per week. Public service officers, meanwhile, must comply with these prescribed hours when seeking employment in eligible public employment, ensuring their part-time employment hours meet or exceed the minimum threshold of 15 hours per week to retain their mobility rights under Part IV of the Act.
The Act imposes several obligations on parties involved, including ensuring compliance with the prescribed hours for part-time offices and employment. Failure to comply with these regulations can lead to significant consequences. For instance, any declaration of a part-time office that does not align with the prescribed hours may be invalid, potentially affecting the officer’s eligibility for certain benefits or rights. Additionally, public service officers who do not meet the minimum employment hours may lose their rights under the officers’ mobility provisions of Part IV of the Act.
In terms of penalties and consequences, the Explanatory Statement does not specify maximum penalties for breaches of these regulations. However, non-compliance could result in officers losing their eligibility for the mobility provisions, which could impact their career progression and job security within the public service. The Public Service Board, as the governing body, may also face administrative or legal challenges if they fail to enforce these regulations correctly, potentially leading to disputes or litigation over the validity of part-time employment declarations.