EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 145
PUBLIC SERVICE (SALARIES) REGULATIONS (REPEAL)
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 or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
The statutory rules have repealed the Public Service (Salaries) Regulations in their entirety. It is intended that the matters prescribed in these Regulations will in future be determined by the Public Service Board under its determination-making powers in section 82D of the Act. A Public Service Board determination relating to payment of salaries and allowances of officers and employees, to replace the Regulations, came into operation on the repeal of the Regulations.
Overview
The Public Service (Salaries) Regulations (Repeal) Statutory Rules 1984 No. 145, enacted under the authority of the Public Service Board, represents a significant shift in the regulation of public service salaries within Australia. This instrument repealed the existing Public Service (Salaries) Regulations, a move intended to streamline and modernise the administrative process for determining public service salaries. The repeal was authorised under sub-section 97(1) of the Public Service Act 1922, which grants the Public Service Board the power to make regulations necessary for carrying out the Act, subject to the Governor-General's approval. The policy objective behind this repeal was to transition the determination of public service salaries from a prescriptive regulatory framework to a more flexible determination-making process under section 82D of the Act, aiming to better address the evolving needs of the public service.
Scope and Application
The Public Service (Salaries) Regulations (Repeal) Statutory Rules 1984 No. 145, issued with the authority of the Public Service Board, repeals the existing Public Service (Salaries) Regulations. This repeal is in accordance with the provisions of sub-section 97(1) of the Public Service Act 1922, which empowers the Public Service Board, with the approval of the Governor-General, to make regulations necessary for carrying out or giving effect to the Act. The repeal signifies a shift in how the matters previously prescribed in the Regulations will be handled, with the Public Service Board now exercising its determination-making powers under section 82D of the Act to determine matters such as the payment of salaries and allowances of officers and employees. This change came into effect with the operation of a new Public Service Board determination that replaced the repealed Regulations. The application of these rules is national in scope, impacting all officers and employees within the public service sector across Australia.
Key Provisions
The key operative sections of the Public Service (Salaries) Regulations (Repeal) Statutory Rules 1984 No. 145 pertain to the repeal of the Public Service (Salaries) Regulations (section 1) and the establishment of a new framework for determining matters related to salaries and allowances. Section 1 of the Statutory Rules repeals the previous Public Service (Salaries) Regulations in their entirety, signifying a shift from regulation-based to determination-based governance for salary and allowance matters. Section 3 specifies the commencement date of these Statutory Rules, indicating when the repeal took effect and the new framework began to operate.
Under the repealed Public Service (Salaries) Regulations, the Public Service Board was responsible for prescribing detailed rules regarding the salaries and allowances of public service officers and employees. With the introduction of these Statutory Rules, the Board now exercises its determination-making powers under section 82D of the Public Service Act 1922 to address these matters. This shift implies that the Board has greater flexibility in setting the terms and conditions, subject to the approval of the Governor-General, as stipulated in sub-section 97(1) of the Act.
The Act imposes several obligations and requirements on the Public Service Board. It mandates that the Board must make determinations under its powers to address the matters previously covered by the repealed regulations. These determinations must be made with the approval of the Governor-General and are intended to ensure that the payment of salaries and allowances is handled in a manner that is consistent with the objectives of the Public Service Act. The Board must also ensure that these determinations are published and made available to the public, promoting transparency and accountability in the governance of public service remuneration.
Failure to comply with the provisions of the Public Service Act 1922 or the determinations made by the Public Service Board could result in various consequences. While the Statutory Rules themselves do not specify detailed penalties, breaches of the Public Service Act may lead to disciplinary action against public service officers and employees, including possible termination of employment. Additionally, any individual or entity adversely affected by a determination may have the right to seek judicial review or other legal recourse, depending on the specific circumstances and applicable laws. The maximum penalties for breaches of the Public Service Act are not explicitly stated in the Statutory Rules but can vary widely based on the nature and severity of the breach.