EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 348
PUBLIC SERVICE (SALARIES) REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (the Act) 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) 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.
The Public Service (Salaries) Regulations provide, amongst other things, that certain designations within the Australian Public Service may be occupied by officers of either the Third or Fourth Division. In addition, schedules to the regulations list certain designations that are restricted in their use to particular Departments.
These regulations include 2 new designations within the category of those that can be occupied by officers from both the Third and Fourth Divisions. They further provide that several designations which are at present restricted to certain Departments have this restriction removed. In addition the opportunity has been taken to amend the salary rates for those designations so that they reflect the current rate of salary determined by Public Service Arbitrator’s awards. Finally, a new designation in the ‘Weights and Measures’ designation group has been added.
Details of the regulations are set out below:
Regulation 1 amends existing regulation 14 to specify the designations of Film Director Grades 1 and 2 as ones available for dual status.
Regulation 2 amends Part 1 of Schedule 2 to the existing regulations by removing the departmental restriction from the designations of Film Director Grades 1 and 2 and by specifying the current salary rate for those designations.
Regulation 3 amends Part 1 of Schedule 3 to the existing regulations by removing the departmental restriction from the following designations, specifying the current salary rates for those designations, and adding a new designation of Senior Inspector following a review by the Public Service Board:
Sound Recordist
Weights and Measures Inspector
Weights and Measures Senior Inspector
Weights and Measures Superintendent.
Overview
The Public Service (Salaries) Regulations (Amendment) 2004, issued with the authority of the Public Service Board under the Public Service Act 1922, was enacted to address the need for updated salary rates and designation classifications within the Australian Public Service. This amendment was necessary to ensure that certain officer positions, particularly in the Third and Fourth Divisions, were accurately compensated and appropriately designated, reflecting the current rates determined by Public Service Arbitrator’s awards. The amendment also aimed to remove departmental restrictions on certain designations, thus increasing flexibility and efficiency within the public service. The policy objective is to maintain an effective and equitable public service by ensuring that salaries and designations are current and accurately reflect the roles within the service.
The Public Service Board, acting under the authority conferred by the Public Service Act 1922, has made these amendments to better align the regulations with contemporary public service needs. By specifying new designations and updating salary rates, the Board ensures that the Australian Public Service remains a well-structured and fairly compensated entity, capable of meeting the demands of various government departments.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 348, issued under the authority of the Public Service Board with the approval of the Governor-General, pertain to the Public Service Act 1922. These regulations apply to officers within the Australian Public Service, specifically those in the Second, Third, and Fourth Divisions, and are designed to provide clarity and updates to salary scales and job designations. The regulations amend existing designations and salary rates to reflect current conditions, as determined by the Public Service Arbitrator’s awards. For instance, they introduce new designations available for dual status, such as Film Director Grades 1 and 2, and remove departmental restrictions from certain designations while updating their respective salary rates. Additionally, a new designation, Senior Inspector, has been added to the 'Weights and Measures' group. These amendments ensure that the regulations remain relevant and accurately reflect the current employment landscape within the Australian Public Service.
Key Provisions
The key operative sections of the Public Service (Salaries) Regulations (Amendment) involve amendments to existing regulations that affect the designation and salary of certain officers within the Australian Public Service. Regulation 1 amends existing regulation 14 to specify that Film Director Grades 1 and 2 can now be held by officers from both the Third and Fourth Divisions (Regulation 1). Regulation 2 removes the departmental restrictions on Film Director Grades 1 and 2 and updates their salary rates according to the latest Public Service Arbitrator’s awards (Regulation 2). Regulation 3 removes departmental restrictions from several designations including Sound Recordist, Weights and Measures Inspector, Weights and Measures Senior Inspector, and Weights and Measures Superintendent, while also specifying their current salary rates and adding a new designation of Senior Inspector (Regulation 3).
The obligations and requirements imposed by these regulations primarily concern the Public Service Board and relevant officers. The Board is required to ensure that the new designations and salary rates are correctly implemented across the affected divisions. Officers within the Third and Fourth Divisions who are appointed to the newly designated positions must adhere to the updated salary rates as specified in the regulations. The Board must also ensure that departmental restrictions on certain designations are removed as per the amendments, allowing for greater flexibility in the assignment of officers to these roles.
Breaching the provisions of these regulations can lead to various civil or criminal consequences. For instance, if an officer is appointed to a designation with an incorrect salary rate, it could result in an improper payment, leading to potential financial misconduct. Similarly, if a designation is incorrectly restricted to a department, it could hinder the operational efficiency of the public service. The exact penalties for such breaches would depend on the specific nature of the breach and could include disciplinary actions against the officers or the department involved, as well as potential legal action if the breach leads to significant financial discrepancies or administrative errors. While the regulations do not explicitly state maximum penalties, breaches of public service regulations can often result in fines or other administrative penalties as determined by relevant authorities.