EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 96
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 scales of rates, as are prescribed.
These Statutory Rules amend the Public Service (Salaries) Regulations to enable junior rates of salary and allowance to apply to the designation Museum Assistant 1. They also introduce the new designations Curatorial Assistant 2, Museum Assistant 2, Field Service Representative and the new designation group Mint Tradesman Grades 1-4.
Following a review by the Public Service Board of the work of Curators, it was found that the existing structure did not adequately reflect working arrangements at the lower levels. The work of positions in this group involves the care and documentation of the national museum collections. The Board has also reviewed the work of those assisting professional staff in Commonwealth museums on such functions as conservation, registration, education and exhibitions. The new Museum Assistant structure recognises the special skills required for this work and provides a career structure in an area in which opportunities would otherwise have been very limited. The four level structure has been designed to provide greater staffing flexibility in museums.
Determination No 51 of 1982, issued on 20 January 1982, provided a wage margin for trades-qualified staff at the Mint over those staff within the Mint Craftsman structure who are not trades-qualified. The new designation group of Mint Tradesman will be used for trades staff. The incorporation of the salary rates for Mint Tradesmen into the Public Service (Salaries) Regulations enables permanent positions of Mint Tradesman to be provided.
The new designation of Field Service Representative is required to facilitate appointments at an appropriate salary for officers providing technical advice and a problem-solving service to buyers of aircraft produced by the Government Aircraft Factory, ie to be manufacturer’s representatives. Previously the designation of Inspector (Aircraft) had been used, buy on review by the Public Service Board, it was found that both the designation and salary were inappropriate for the duties.
Overview
The Public Service (Salaries) Regulations (Amendment) 1982, issued under the authority of the Public Service Board, was enacted to address gaps in the salary structure for specific roles within the Australian Public Service. This amendment to the Public Service Act 1922 was necessitated by a review of the work of curators and other staff in Commonwealth museums, which revealed that the existing salary structure did not adequately reflect the working arrangements and the special skills required for roles such as conservation, registration, and education. The policy objective of these regulations was to provide a more accurate reflection of the roles and responsibilities of these positions by introducing new designations and salary scales, thereby enhancing career progression and staffing flexibility in museums.
Additionally, the amendment introduced new designations such as Curatorial Assistant, Museum Assistant 2, Field Service Representative, and Mint Tradesman Grades 1-4, to ensure appropriate remuneration for these roles. This included the creation of a new salary structure for trades-qualified staff at the Mint and the establishment of a Field Service Representative designation to accurately reflect the duties of those providing technical advice and problem-solving services to buyers of government-produced aircraft.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No. 96, issued under the authority of the Public Service Board and with the approval of the Governor-General, amend the Public Service (Salaries) Regulations to introduce new salary structures and designations for certain positions within the Commonwealth public service. These regulations apply to officers of the Second, Third, and Fourth Divisions, as outlined in the Public Service Act 1922, and are intended to more accurately reflect the roles and responsibilities of these positions, particularly those involved in the care and documentation of national museum collections, conservation, registration, education, and exhibition work. Additionally, the regulations introduce new designations such as Curatorial Assistant, Museum Assistant 2, Field Service Representative, and the new designation group Mint Tradesman Grades 1-4, thereby providing greater clarity and career progression opportunities within these roles. The new structures are designed to offer enhanced staffing flexibility and better align with the specific skills and functions required for these positions.
Key Provisions
The Public Service (Salaries) Regulations (Amendment) 2004 (C2004L05877) amends the Public Service (Salaries) Regulations to adjust salary structures and introduce new job designations. Section 1 of the Regulations provides for the amendment of existing salary rates and the introduction of junior rates for the designation Museum Assistant 1. Section 2 introduces new job titles including Curatorial Assistant 2, Museum Assistant 2, Field Service Representative, and the designation group Mint Tradesman Grades 1-4. These amendments respond to reviews conducted by the Public Service Board, aiming to better align job roles with their respective duties and to offer clearer career progression opportunities in specific areas.
These changes impose several obligations on relevant parties. For instance, the Public Service Board must now ensure that the new salary scales and job designations are accurately reflected in the payroll system and relevant documentation. The new job designations carry specific expectations about the roles and responsibilities of the employees, which need to be clearly communicated and understood by both employers and employees. The new Museum Assistant structure, for example, is designed to recognise the unique skills required for the care and documentation of national museum collections, and to provide a clear career pathway within this specialised area.
Failure to comply with the provisions of these amended Regulations may lead to various consequences. For example, if an employer fails to adhere to the new salary scales or job descriptions, they may be subject to penalties under the Public Service Act 1922. While the specific penalties are not detailed in the explanatory statement, it is clear that non-compliance could lead to financial penalties or other disciplinary actions. Furthermore, employees who are not correctly classified or paid according to the new structures may have grounds for a complaint or legal action.
In terms of criminal and civil liabilities, the explanatory statement does not provide explicit details about potential offences or penalties. However, under Australian law, breaches of employment regulations can lead to civil claims for unpaid wages or other entitlements, and in more serious cases, criminal charges could be brought against individuals who intentionally misclassify roles or manipulate salary scales for personal gain. The Public Service Act 1922 and associated regulations would likely provide the framework for determining the severity and nature of such penalties.