EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 29
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) provides that officers of the Second, Third and Fourth Divisions shall be paid salaries at such rates, or in accordance with such scale of rates, as are prescribed.
These Statutory Rules amend Part 1 of Schedule 1 to the Public Service (Salaries) Regulations to prescribe revised rates of pay for academic staff in the Service.
The quantum and date of effect of the increase are the same as those determined for academic staff at Commonwealth institutions of tertiary education and recommended for academic staff at other institutions of tertiary education by the Academic Salaries Tribunal on 27 October 1981. On 3 December 1981 the Government announced its decision that the determinations and recommendations of the Academic Salaries Tribunal should be accepted.
Sub-regulation 2(2) of these regulations has the effect of applying the Academic Salaries Tribunal rates for the period from 7 November 1980 to 14 January 1981, the date of effect of the January 1981 National Wage Case.
Sub-regulation 2(3) of these regulations has the effect of further amending the rates for the period from 15 January 1981 to 6 May 1981, the date of effect of the May 1981 National Wage Case, to reflect the January 1981 National Wage Case decision.
Regulation 1 of these regulations has the effect of further amending the rates with effect from 7 May 1981 to reflect the May 1981 National Wage Case decision.
The designations of Tutor, Senior Tutor, Principal Tutor and Professor which are included in regulation 1 of these regulations but not in regulation 2 are designations inserted into Group 1 of Part 1 of Schedule 1 to the Public Service (Salaries) Regulations by Statutory Rules 1981 No 361.
Overview
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 29, enacted under the authority of the Public Service Board, aim to address the need for updated salary rates for academic staff within the Australian public service. This amendment follows the determinations and recommendations made by the Academic Salaries Tribunal on 27 October 1981 and the subsequent decision by the Government on 3 December 1981 to accept these recommendations. The primary policy objective is to ensure that the remuneration of academic staff in the public service is aligned with the rates determined for academic staff at Commonwealth and other tertiary education institutions, reflecting wage case decisions and adjustments to ensure fair and competitive compensation. The regulations specifically adjust salary rates to account for changes determined by the National Wage Case, ensuring consistency and alignment with broader public sector salary adjustments.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 29, made under the Public Service Act 1922, are applicable to academic staff within the Commonwealth public service, specifically those in the Second, Third and Fourth Divisions. These regulations amend the existing pay rates for such staff, aligning them with the determinations and recommendations made by the Academic Salaries Tribunal on 27 October 1981 and subsequently endorsed by the Government. The amendments reflect the outcomes of the January 1981 and May 1981 National Wage Cases, with the changes effective from specific dates corresponding to the implementation of these wage cases. Notably, the regulations also incorporate new academic staff designations, such as Tutor, Senior Tutor, Principal Tutor, and Professor, which were introduced by earlier statutory rules in 1981. The application of these regulations is limited to the Commonwealth level, affecting federal public service employees, and does not extend to state or territory public service sectors.
Key Provisions
The Statutory Rules (2004) prescribe revised rates of pay for academic staff within the Public Service, as per section 97(1) of the Public Service Act 1922. This amendment follows the recommendations of the Academic Salaries Tribunal on October 27, 1981, which were subsequently accepted by the Government on December 3, 1981. The changes, outlined in regulation 1 and sub-regulations 2(2) and 2(3), align the salary rates with those determined for academic staff at Commonwealth institutions of tertiary education and recommended for other institutions. Specifically, sub-regulation 2(2) applies the Tribunal's rates from November 7, 1980, to January 14, 1981, the date of the January 1981 National Wage Case. Sub-regulation 2(3) further adjusts the rates from January 15, 1981, to May 6, 1981, to reflect the May 1981 National Wage Case decision. Regulation 1 then modifies the rates from May 7, 1981, onwards, also based on the May 1981 National Wage Case.
These regulations impose obligations on the Public Service Board to ensure that academic staff are compensated according to the revised rates as prescribed. They also mandate that salaries for officers in the Second, Third, and Fourth Divisions, including academic staff, are paid at the rates or scales set out in the amended regulations. The regulations necessitate the timely and accurate application of these salary rates to affected staff members, ensuring compliance with the established standards for remuneration within the public sector.
Breach of these regulations could lead to legal consequences for non-compliance. While the specific penalties are not detailed within the Explanatory Statement, it is reasonable to infer that failure to adhere to the prescribed salary rates could result in disciplinary actions against the relevant officers or entities within the Public Service. Such actions might include administrative penalties, legal proceedings, or other corrective measures deemed appropriate to enforce compliance with the statutory requirements.