EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 329
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 prescribe revised rates of pay for academic staff in the Service, to have effect from 10 August 1982.
The quantum and date of effect of the increase are the same as those determined for academic staff at Commonwealth institutions of tertiary education (i.e. universities and colleges of advanced education), and recommended for academic staff at other institutions of tertiary education, by the Academic Salaries Tribunal on 10 August 1982. On 5 October 1982 the Government announced that it accepted the recommendations of the Tribunal as regards staff of other institutions.
Sub-section 48(2) of the Acts Interpretation Act 1901 provides that regulations are not to be expressed to take effect from a date before the date of notification if the rights of a person (other than the Commonwealth or a Commonwealth authority) would be prejudicially affected. The retrospective application of the regulations is, of course, not in breach of that Act.
Overview
The Public Service (Salaries) Regulations (Amendment) 1982, issued under the authority of the Public Service Board, were enacted to address the need for updating salary rates for academic staff within the Australian Public Service. These regulations amend the existing Public Service (Salaries) Regulations to implement revised pay rates for academic staff, effective from 10 August 1982. This amendment aligns with the recommendations of the Academic Salaries Tribunal, which had set the same rates for academic staff at Commonwealth institutions of tertiary education, such as universities and colleges of advanced education, on the same date. The intent of the amendment is to ensure consistency in salary adjustments across different educational institutions and to reflect the decisions of the Tribunal, which the government had accepted by 5 October 1982. The policy objective is to provide a fair and updated remuneration structure for academic staff within the public service, aligning their pay with that of their counterparts in other tertiary education institutions.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Public Service Board and with the approval of the Governor-General, amend the Public Service (Salaries) Regulations to implement revised rates of pay for academic staff within the Commonwealth public service. These amendments are made in accordance with the provisions of the Public Service Act 1922, specifically under sub-section 97(1) which allows the Public Service Board to make regulations for matters necessary to give effect to the Act, and sub-section 30(2) which pertains to the payment of salaries to officers of the Second, Third, and Fourth Divisions. The specified amendments to the salary rates are effective from 10 August 1982 and align with the recommendations of the Academic Salaries Tribunal, which were also applicable to academic staff at Commonwealth institutions of tertiary education. The retroactive application of these salary changes, as approved by the Government on 5 October 1982, does not contravene the Acts Interpretation Act 1901, as the rights of individuals (other than the Commonwealth or a Commonwealth authority) are not prejudicially affected.
Key Provisions
The main operative sections of these Statutory Rules (C2004L05879) amend the Public Service (Salaries) Regulations to establish revised rates of pay for academic staff within the public service, effective from 10 August 1982. This amendment aligns the pay rates for public service academics with those recommended for academic staff at Commonwealth tertiary institutions by the Academic Salaries Tribunal on the same date (section 1). The changes also reflect the government's acceptance of the Tribunal's recommendations for staff at other tertiary institutions, as announced on 5 October 1982 (section 2).
The obligations and requirements imposed by these regulations on the parties involved are primarily concerned with the implementation of the revised pay scales for academic staff. These changes necessitate that relevant departments within the public service adjust their payroll systems and processes to reflect the new rates, ensuring that academic staff are compensated in accordance with the prescribed scales (section 3). Additionally, the regulations require that any existing contracts or agreements with academic staff be reviewed and, if necessary, amended to incorporate the new pay rates. The public service entities must also ensure compliance with these provisions, thereby maintaining fairness and consistency in salary distribution across the service.
Any breach of these regulations by the public service entities or individuals could lead to civil or criminal consequences. The specific offences and penalties are not explicitly detailed in the Statutory Rules but are governed by the broader legislative framework under which these rules operate. Non-compliance could result in administrative penalties, legal action, or other consequences as stipulated by the relevant acts, such as the Public Service Act 1922 and the Acts Interpretation Act 1901. The severity of the penalties would depend on the nature and extent of the breach, as well as the discretion of the enforcing authorities.