EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 143
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.
On 17 April 1984 the Academic Salaries Tribunal, in accordance with the principles of wage and salary determination of the Australian Conciliation and Arbitration Commission which the Tribunal had adopted, approved a salary increase of 5 per cent to academic staff at universities and colleges of advanced education with effect from 17 April 1984. On 31 May 1984 the responsible Minister requested the Tribunal to inquire into and report on the phasing-in of the increase. Subsequently, on 5 June 1984, the Tribunal approved the phasing-in of the increase in two instalments: the first instalment of two-fifths of the 5 per cent to be implemented from the first pay period commencing on or after 17 April 1984 and the second instalment of the remaining three-fifths of the 5 per cent to be implemented from the first pay period commencing on or after 17 April 1985.
These Statutory Rules ‘flow-on’ the first instalment to academic staff in the Australian Public Service by amending the Public Service (Salaries) Regulations to prescribe revised rates of pay for those staff, with effect from 19 April 1984 (the first pay-day after 17 April).
Overview
The Public Service (Salaries) Regulations (Amendment) 1984, issued under the authority of the Public Service Board and in accordance with the provisions of the Public Service Act 1922, aim to implement a salary increase for academic staff within the Australian Public Service. Enacted through Statutory Rules 1984 No. 143, the amendment responds to the need for a phased implementation of a 5% salary increase initially approved by the Academic Salaries Tribunal on 17 April 1984. This legislative action seeks to ensure that the first instalment of the salary increase, representing two-fifths of the total, is effectively applied from the first pay period commencing on or after 19 April 1984. The policy objective underpinning this regulation is to align the remuneration of public service academic staff with those in higher education institutions, as determined by the Australian Conciliation and Arbitration Commission.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1984 No. 143, issued under the authority of the Public Service Board, apply to officers in the Second, Third and Fourth Divisions of the Australian Public Service, prescribing their rates of pay as mandated by the Public Service Act 1922. The application of these regulations is specifically directed at academic staff within the public service, reflecting the approved salary adjustments initially recommended by the Academic Salaries Tribunal. Geographically, these regulations operate within the Commonwealth jurisdiction, affecting public servants across Australia. The regulations are designed to implement the first instalment of a 5% salary increase, phased in over two periods as determined by the Academic Salaries Tribunal, with the first increment effective from the first pay period after 17 April 1984. The statutory rules do not specify any exclusions or exemptions but are subject to the overarching legislative framework provided by the Public Service Act 1922 and the decisions of the Academic Salaries Tribunal. The application of these regulations can be further defined and detailed through subordinate instruments as necessary.
Key Provisions
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1984 No. 143 (referred to as the "Regulations") amend the existing Public Service (Salaries) Regulations to incorporate a salary increase for academic staff in the Australian Public Service. The increase follows a decision by the Academic Salaries Tribunal, which approved a 5 per cent salary increase for academic staff at universities and colleges of advanced education, effective from 17 April 1984 (section 1). The Regulations implement this decision by prescribing revised rates of pay for academic staff in the Australian Public Service, with the first instalment of the increase flowing on from 19 April 1984 (section 2). This means that the first part of the salary increase, which amounts to two-fifths of the total 5 per cent, will be reflected in the first pay period commencing on or after 19 April 1984.
Under the Regulations, academic staff in the Australian Public Service will have their salaries adjusted to reflect the approved increase. This includes officers in the Second, Third and Fourth Divisions, whose salaries are prescribed under sub-section 30(2) of the Public Service Act 1922 (section 3). The obligation on the part of the Australian Public Service is to ensure that these salary adjustments are accurately calculated and reflected in the pay of the affected staff from the specified date. The Regulations also outline the process for phasing in the remaining three-fifths of the salary increase, which is to be implemented from the first pay period commencing on or after 17 April 1985 (section 4).
Failure to comply with the provisions of these Regulations may result in legal consequences for the Australian Public Service. While the specific offences, penalties, or consequences for breach are not detailed in the Explanatory Statement, it is reasonable to infer that non-compliance could lead to civil or criminal liability under the Public Service Act 1922. The maximum penalties for such breaches would be determined by the relevant courts or tribunals in accordance with Australian law. It is important for the Australian Public Service to adhere to these Regulations to avoid any potential legal ramifications.