Commonwealth Numbered Regulations - Explanatory Statements

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PAPUA NEW GUINEA INDEPENDENCE (PUBLIC SERVICE) REGULATIONS (REPEAL) 1995 NO. 115

EXPLANATORY STATEMENT

Statutory Rules 1995 No. 115

Issued by the Authority of the Minister for Foreign Affairs.

Papua New Guinea Independence Act 1976

Papua New Guinea Independence (Public Service) Regulations (Repeal)

Section 6(1) of the Papua New Guinea Independence Act 1976 provides that "the Governor-General may make regulations making provision for or in relation to matters arising out of or connected with the attainment of the independence of Papua New Guinea, including regulations making modifications or adaptations of any Act".

It is necessary to repeal existing Papua New Guinea Independence (Public Service) Regulations. Enacted in 1976 these Regulations provided for the insertion of section 47DA into the Public Service Act 1922. The intention of section 47DA was to simplify arrangements for the employment of APS officers in the Papua New Guinea Public Service.

Circumstances have changed significantly since the making of the 1976 regulations, and their operation is now outdated. Furthermore the continued existence of section 47DA in the Public Service Act is inconsistent and potentially confusing. There is no longer any need to treat employment with Papua New Guinea as a special case. Normal leave without pay arrangements under the Public Service Act provide adequate means for APS officers to undertake employment in the Papua New Guinea Public Service for a maximum term of 3 years.

The purpose of the proposed Papua New Guinea Independence (Public Service) Regulations (Repeal) is to repeal the existing Papua New Guinea Independence (Public Service) Regulations. This would also effectively remove section 47DA from the Public Service Act 1922,

The proposed regulations would commence on Gazettal


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