EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 310
PUBLIC SERVICE (SALARIES) REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required to be prescribed for giving effect to the Act.
Sub-section 30(2) of the Act provides that officers of the Second, Third and Fourth Divisions shall be paid salaries at such rates, or in accordance with such scales of rates, as are prescribed.
Regulation 1 of these regulations introduce two new designations, Cadet (Research Scientist) and Principal Legal Adviser in the Office of the Commonwealth Ombudsman.
Regulation 2 of these regulations introduce new designations of Assistant Printing Production Supervisor, Nursing Officer (Aged Persons Welfare) and Nursing Officer (Health Benefits and Services) ; and omit designations of Assistant (Audiometry) and Meat Inspector-in-training which are no longer required.
A new designation of Cadet (Research Scientist) is required to enable the Australian Public Service to attract high calibre science and engineering students to train as Research Scientists. Because of reduced enrolments in relevant postgraduate research programs over the last decade there is now a shortage of qualified Research Scientists relative to employer demand. The introduction of postgraduate cadetships is intended to increase the supply of presently scarce skills by providing an incentive for increased postgraduate enrolments in scientific disciplines which meet the employment needs of the Service.
A designation of Principal Legal Adviser, Office of the Commonwealth Ombudsman is proposed, with salary at the same level as a Principal Legal Officer in the Attorney-General’s Department. A different designation is necessary because a Principal Legal Officer is required to be admitted as a practitioner of the High Court or a Supreme Court, and this is not considered necessary for the position in the Ombudsman’s Office.
The Deputy Public Service Arbitrator gave a decision in Determination No 442 of 1982 to redesignate certain positions of Senior Sister in the Department of Social Security as Nursing Officer
(Aged Persons Welfare) and in the Department of Health as Nursing Officer (Health Benefits and Services). This arose from applications by the Royal Australian Nursing Federation to have new designations and rates of pay for staff engaged in the inspection of aged persons’ hostels in the Department of Social Security and by the Department of Health to assess eligibility of persons seeking domiciliary nursing care benefits.
Following a review of the Printing Section of the Australian Government Printing Office the Board has approved the creation of a position of Assistant Printing Production Supervisor. The duties of the proposed position are to assist the Printing Production Supervisor in controlling and co-ordinating the work of staff engaged in printing preparation in the Works Sub-section, Australian Government Publishing Service.
Following the abolition of all positions of Assistant (Audiometry) and Meat Inspector-in-training these designations can be omitted from the regulations.
Overview
The Public Service (Salaries) Regulations (Amendment) 1983 were enacted to address the need for new designations within the Australian Public Service (APS) to meet evolving employment needs and rectify shortages in specific skill areas. Issued with the authority of the Public Service Board under the Public Service Act 1922, these regulations introduced new roles such as Cadet (Research Scientist) and Principal Legal Adviser in the Office of the Commonwealth Ombudsman, alongside designations like Assistant Printing Production Supervisor, Nursing Officer (Aged Persons Welfare), and Nursing Officer (Health Benefits and Services). The amendments also removed outdated designations such as Assistant (Audiometry) and Meat Inspector-in-training. The primary policy objective behind these changes was to attract high-calibre candidates into scientific and legal roles within the APS, address skill shortages, and streamline job titles to better reflect the duties and requirements of various positions.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1983 No 310 apply to officers of the Australian Public Service (APS) in the Second, Third and Fourth Divisions, as outlined in the Public Service Act 1922. The regulations introduce new designations for roles such as Cadet (Research Scientist), Principal Legal Adviser in the Office of the Commonwealth Ombudsman, Assistant Printing Production Supervisor, Nursing Officer (Aged Persons Welfare), and Nursing Officer (Health Benefits and Services), while omitting designations such as Assistant (Audiometry) and Meat Inspector-in-training that are no longer required. These amendments aim to address skill shortages in scientific disciplines, align roles with the unique requirements of the Commonwealth Ombudsman, and reflect the evolving nature of the APS by creating and abolishing positions as necessary. The regulations are applicable on a national level, given the Commonwealth's jurisdiction over the Australian Public Service. Subordinate instruments may further extend or restrict the application of these regulations as needed.
Key Provisions
The main operative sections of these regulations, introduced under the Public Service Act 1922, include the introduction of new job designations such as Cadet (Research Scientist) and Principal Legal Adviser in the Office of the Commonwealth Ombudsman (Reg. 1). Additionally, new designations like Assistant Printing Production Supervisor, Nursing Officer (Aged Persons Welfare), and Nursing Officer (Health Benefits and Services) are introduced, while certain outdated roles such as Assistant (Audiometry) and Meat Inspector-in-training are omitted (Reg. 2). These amendments aim to align job titles with current employment needs and organisational structures within the Australian Public Service.
The Act imposes several obligations on the parties it governs. It mandates that the Public Service Board, with the approval of the Governor-General, establish regulations that effectively implement the Public Service Act 1922 (Sub-section 97(1)). Furthermore, these regulations must detail the salary scales for officers in the Second, Third, and Fourth Divisions (Sub-section 30(2)). The introduction of new designations such as Cadet (Research Scientist) and Principal Legal Adviser, among others, reflects the Board's responsibility to ensure that job titles and their associated duties accurately represent the roles within the public service.
Breaches of these regulations may lead to various civil or criminal consequences. Although specific penalties are not outlined in the explanatory statement, breaches of regulations typically result in administrative sanctions, which could include fines or other corrective actions. In more severe cases, persistent non-compliance might lead to legal proceedings under relevant Australian laws, potentially resulting in heavier penalties. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Public Service Act 1922 and any related legislation.