Public Service (Salaries) Regulations (Amendment)

Legislation au C2004L05886 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1984 NO. 86

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 that 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.

These Statutory Rules amend Group 25A of Part 1 of Schedule 1 to the Public Service (Salaries) Regulations by substituting the designation Court Counsellor, Class 3 for Director of Court Counselling and inserting a new level of Court Counsellor, Class 4.

The amendment follows examination by the Public Service Board of the levels of Court Counsellors at the Family Court of Australia Registries and its agreement with a proposal from the Attorney-General’s Department that an additional level was warranted.

The new Class 4 level is required to exercise a higher level of management skills in directing and co-ordinating Court Counselling activities in the larger registries leaving the Class 3 officers at these registries to perform the duties of ‘casework supervisors’.

Overview

The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1984 No. 86, issued with the authority of the Public Service Board, was enacted to address a gap in the salary structure for certain positions within the Family Court of Australia Registries. The legislation amends the Public Service (Salaries) Regulations by substituting the designation Court Counsellor, Class 3 with Court Counsellor, Class 4, and introducing a new level of Court Counsellor, Class 4. This amendment was made following a review by the Public Service Board and in agreement with the Attorney-General’s Department, which proposed the need for an additional level to appropriately manage the larger registries. The policy objective behind this amendment is to ensure that the Family Court of Australia Registries have appropriately skilled personnel to manage and coordinate Court Counselling activities effectively.

Scope and Application

The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1984 No. 86, issued under the authority of the Public Service Board, amend the existing salary regulations for officers in the Second, Third, and Fourth Divisions of the Australian Public Service. The regulations were made pursuant to the Public Service Act 1922, which empowers the Public Service Board to prescribe all necessary matters for giving effect to the Act, subject to the approval of the Governor-General. Specifically, these amendments address the salary scales for Court Counsellors at the Family Court of Australia registries, introducing a new classification of Court Counsellor, Class 4, alongside the existing designation of Court Counsellor, Class 3. This change was agreed upon by the Public Service Board following a review of the existing roles and a proposal by the Attorney-General’s Department that an additional level was necessary to accommodate the management needs of larger registries. The new Class 4 level is designed to handle higher management responsibilities in directing and coordinating Court Counselling activities, allowing Class 3 officers to focus on their duties as casework supervisors.

Key Provisions

The main operative sections of these Statutory Rules (C2004L05886) are the amendments to Group 25A of Part 1 of Schedule 1 to the Public Service (Salaries) Regulations. Section 1 of the Statutory Rules substitutes the designation Court Counsellor, Class 3 for Director of Court Counselling and introduces a new level, Court Counsellor, Class 4. This amendment reflects the findings of the Public Service Board regarding the need for additional management levels within the Family Court of Australia Registries. These changes are intended to ensure that the Family Court of Australia Registries are managed more effectively by better aligning roles with the specific needs of larger registries. The obligations imposed by these Statutory Rules on the relevant parties include the reclassification of certain positions within the Family Court of Australia Registries. Specifically, the Director of Court Counselling positions are now to be designated as Court Counsellor, Class 3. Furthermore, a new level, Court Counsellor, Class 4, is introduced to provide higher-level management within these registries. This reclassification is intended to ensure that management duties are appropriately assigned to allow Class 3 officers to focus on their core responsibilities as casework supervisors. The Public Service Board has determined that these changes are necessary to enhance the efficiency and effectiveness of court counselling activities in larger registries. Under these Statutory Rules, there are no specific offences, penalties, or consequences outlined for non-compliance with the reclassification provisions. The primary focus of these amendments is to reorganise roles and responsibilities within the Family Court of Australia Registries to better suit the operational needs of these entities. However, any failure to adhere to these newly prescribed roles and designations could potentially lead to broader implications under the Public Service Act 1922 or other related regulations. It is essential for the relevant parties to ensure compliance with these changes to maintain the integrity and effectiveness of the public service structure as intended by the legislation. In summary, these Statutory Rules (C2004L05886) amend the Public Service (Salaries) Regulations by reclassifying certain positions within the Family Court of Australia Registries. The changes aim to better align roles with the specific needs of larger registries, enhancing management and casework supervision responsibilities. While the rules do not specify penalties for non-compliance, adherence to these changes is crucial for the effective functioning of the public service as mandated by the Public Service Act 1922.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.