Statutory Rules
1977 No. 27
REGULATION UNDER THE TELECOMMUNICATIONS ACT 1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Telecommunications Act 1975.
Dated this tenth day of March, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
ERIC ROBINSON
Minister of State for Post and Telecommunications.
Amendment of the Telecommunications Regulations†
After regulation 35 of the Telecommunications Regulations the following Part is inserted:—
“ Part VA—Application of Division 6 of Part V of the Act to Employees
Application of Division 6 of Part V of the Act to employees.
“ 35a. Division 6 of Part V of the Act applies to and in relation to an employee who—
(a) has been in continuous employ of the Commission for a period of not less than one year; or
(b) has been engaged by the Commission to serve for a period of not less than one year,
subject to the following modifications and adaptions of the provisions of that Division:—
(c) subject to the succeeding paragraphs of this regulation, a reference in that Division to an officer (other than a reference, however expressed, to an officer acting on behalf of the Commission, to an officer authorized for the purposes of sub-section 58 (3) of the Act, to an officer authorized for the purposes of sub-section 58 (5) of the Act or to an officer referred to in paragraph 63 (2) (b) of the Act) shall be read as a reference to an employee;
(d) the words ‘ appointment to the Service ’ in paragraph 58 (1) (g) of the Act shall be read as if the words ‘ engagement as an employee ’ were substituted;
* Notified in the Australian Government Gazette on 15 March 1977.
† Statutory Rules 1975, No. 131 as amended by Statutory Rules 1976, No. 247.
(e) the words ‘ his fellow officers ’ in sub-section 59 (1) of the Act shall be read as if the words ‘ of officers and his fellow employees ’ were substituted;
(f) the words ‘ appoint the person as an officer, without probation, to fill ’ in sub-section 61 (3) and sub-paragraph 62 (7) (b) (i) of the Act shall be read as if the words ‘ engage the person as an employee to perform the duties of ’ were substituted;
(g) a reference in that Division, however expressed, to the transfer of an officer to a position shall be read as a reference to a direction to an employee to perform the duties of that position;
(h) the words ‘ reappoint the person as an officer and appoint him to ’ in sub-section 64 (6) of the Act shall be read as if the words ‘ re-engage the person as an employee and direct him to perform the duties of ’ were substituted.”.
Overview
The Statutory Rules 1977 No. 27, made under the Telecommunications Act 1975, were introduced to address the need for specific regulations concerning the application of certain provisions of the Act to employees of the Australian Telecommunications Commission. This legislative instrument was enacted by the Governor-General, acting on the advice of the Federal Executive Council. The objective of these regulations is to adapt and modify the existing provisions of Division 6 of Part V of the Act to ensure they are appropriately applied to employees, particularly those who have been in continuous employment or engagement with the Commission for a specified period. This modification seeks to ensure that the rights and obligations outlined in the Act are uniformly applicable to both officers and employees within the Commission.
Scope and Application
Statutory Rules 1977 No. 27, made under the Telecommunications Act 1975, applies to employees of the Commonwealth of Australia who have been in continuous employment or engaged by the Commission for a period of not less than one year. The regulation specifically modifies the application of Division 6 of Part V of the Act to these employees, substituting references to officers with references to employees and adapting the language accordingly to fit the context of employment rather than officer appointments. This regulation extends the provisions of the Telecommunications Act to cover certain employment practices and conditions within the Commission, thereby ensuring consistency in the treatment of employees under the Act. The regulation operates within the Commonwealth jurisdiction, applying uniformly across the country as per federal law. Notably, this regulation does not introduce any new exclusions or thresholds beyond those already specified in the overarching Telecommunications Act 1975, nor does it extend its application beyond the modifications detailed within the statutory rules.
Key Provisions
The key operative sections of Statutory Rules 1977 No. 27 involve the amendment of the Telecommunications Regulations under the Telecommunications Act 1975. Specifically, the regulation introduces Part VA, which applies Division 6 of Part V of the Act to employees of the Commission who have been in continuous employment or engaged for at least one year (section 35a). This part modifies and adapts the provisions of Division 6 to fit the context of employees rather than officers. For instance, references to officers are read as references to employees, and terms such as "appointment to the Service" are substituted with "engagement as an employee" (section 35a(c)-(h)). These modifications ensure that the existing legal framework for officers is appropriately applied to employees.
The Act imposes several obligations and requirements on the parties it governs. For employees who have been in continuous employment or engaged for at least one year, the Act now mandates that the same rules and protections that apply to officers should apply to them as well. This includes the substitution of certain terms and references to ensure consistency and fairness in the application of the law. For example, the regulation requires that terms like "his fellow officers" be expanded to include "fellow employees" (section 35a(e)). Additionally, the Act requires that references to the transfer of officers be read as references to directing employees to perform duties (section 35a(g)). These obligations ensure that employees receive the same level of protection and adherence to procedural fairness as officers.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach within the provided excerpt. However, by applying the same legal framework to employees, it is implied that any failure to adhere to the modified provisions could result in similar consequences as those faced by officers under the original provisions. This might include disciplinary actions, administrative penalties, or other corrective measures as deemed necessary by the governing body. The exact nature and severity of these consequences would typically be governed by the overarching provisions of the Telecommunications Act 1975 and any related regulations or administrative guidelines.