EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 83
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.
Regulation 1 of these regulations removes the words “Bureau of Mineral Resources, Geology and Geophysics” from Group 21A of Part 1 of Schedule 1 to the regulations. This amendment will enable the creation of a position of Chief of Division to head the newly established Bureau of Meteorology Research Centre. The Centre will serve as Australia’s principal national meteorological research agency and provide research support for the operational and service functions of the Bureau of Meteorology.
Regulation 2 of these regulations amends Part 1 of Schedule 3 to the Public Service (Salaries) Regulations by substituting a designation of Occupational Health Nurse for the designation of Sister (Industrial), which is at present included in Group 290. This amendment results from a determination made by the Deputy Public Service Arbitrator following representation from the Royal Australian Nursing Federation which substitutes the designation Occupational Health Nurse for Sister (Industrial). The amendment will enable the Board to take the necessary formal redesignation action.
Regulation 2 of these regulations also amends Part 1 of Schedule 3 of the Public Service (Salaries) Regulations by adding a new designation of Chief Plumbing Inspector. This follows Board examination of a proposal from the Department of Housing and Construction and its agreement that the Plumbing Inspector structure should be extended by adding a new work level of Chief Plumbing Inspector. There is a requirement for a senior level position to examine and approve the more complex plumbing and drainage plans for compliance with the Canberra Sewerage and Water Supply Regulations, to advise on service easements required for land and special site development and to supervise staff.
Overview
The Public Service (Salaries) Regulations (Amendment) 2004, enacted by the Public Service Board under the authority granted by the Public Service Act 1922, aims to address the evolving needs of public service roles by updating the existing salary regulations. This amendment was necessary to facilitate the creation of a new leadership position within the Bureau of Meteorology, specifically the Chief of Division to head the newly established Bureau of Meteorology Research Centre, which will serve as Australia's primary national meteorological research agency. Additionally, the regulations respond to the changing nature of occupational health roles by redesignating the position of Sister (Industrial) to Occupational Health Nurse, reflecting contemporary job titles and responsibilities. Furthermore, the amendment introduces a new designation of Chief Plumbing Inspector to cater to the more complex regulatory requirements associated with plumbing and drainage plans in Canberra.
The policy objective of these amendments is to ensure that the public service's regulatory framework remains current and capable of supporting the operational needs of various government agencies, thereby maintaining efficiency and effectiveness in service delivery.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1984 No. 83 pertains to officers within the Second, Third, and Fourth Divisions of the Australian Public Service, as specified under the Public Service Act 1922. These regulations, made with the authority of the Public Service Board and approved by the Governor-General, prescribe matters necessary for the implementation of the Act, particularly concerning salary rates and scales for designated positions. The regulations adjust the existing structure to accommodate new roles and reclassifications within the public service, including the creation of a Chief of Division position for the Bureau of Meteorology Research Centre, and the redesignation of roles such as Sister (Industrial) to Occupational Health Nurse. Additionally, a new designation of Chief Plumbing Inspector has been introduced to address complex plumbing and drainage compliance issues. These amendments reflect organisational changes and the evolving needs of various public service sectors, ensuring that salary structures remain relevant and appropriate to the duties of the roles.
Key Provisions
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1984 No. 83, issued under the authority of the Public Service Board, primarily serve to update salary scales and positions within the public service. Regulation 1 removes the designation of "Bureau of Mineral Resources, Geology and Geophysics" from Group 21A of Part 1 of Schedule 1 to the regulations. This change is intended to facilitate the establishment of a new position, Chief of Division, to head the Bureau of Meteorology Research Centre. Regulation 2 makes two significant amendments to Part 1 of Schedule 3 of the Public Service (Salaries) Regulations. Firstly, it replaces the designation of "Sister (Industrial)" with "Occupational Health Nurse" in Group 290, following a determination by the Deputy Public Service Arbitrator and representation from the Royal Australian Nursing Federation. Secondly, it introduces a new designation of "Chief Plumbing Inspector" to Group 290, following a proposal from the Department of Housing and Construction and the Board's agreement that a senior-level position is required to oversee complex plumbing and drainage plans and related matters.
These regulations impose specific obligations on the Public Service Board and related entities. The Board is tasked with implementing the amendments to ensure the correct designation and remuneration of positions within the public service. This includes formal redesignation actions as per Regulation 2, particularly for the Occupational Health Nurse and the Chief Plumbing Inspector. The Board must also ensure that the new Chief of Division is appropriately compensated and positioned within the Bureau of Meteorology Research Centre. Furthermore, the Department of Housing and Construction, which proposed the addition of the Chief Plumbing Inspector, must ensure that the position is filled and that the duties and responsibilities are carried out as per the regulations.
Breach of these regulations could lead to significant consequences, although specific penalties are not detailed within the statutory rules. Generally, failure to comply with regulations made under the Public Service Act 1922 could result in civil or administrative penalties. For instance, if an officer is not paid in accordance with the prescribed scales or if a position is not appropriately designated and remunerated, this could lead to disputes or grievances being lodged under the Public Service Act. In such cases, the Public Service Board or relevant authorities would have to address the breach, which could involve financial penalties, corrective payments, or administrative actions to rectify the situation. Additionally, ongoing non-compliance could potentially lead to broader legal challenges or administrative reviews, further impacting the involved parties.