Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1991 NO. 286

Statutory Rules 1991 No. 286

PUBLIC SERVICE ACT 1922

PUBLIC SERVICE REGULATIONS (AMENDMENT)

Subsection 97(1) of the Public Service Act 1922 provides that the Governor-General may make regulations for the purposes of the Act. Specifically paragraph 97(1)(sb) provides that regulations may be made which provide for appeals with respect to any matter arising under a determination under section 82D. Section 82D provides for determinations to be made concerning the terms and conditions of officers and employees.

Public Service Determination 1991/39, made pursuant to section 82D, amended Public Service Board Determination 1983/10 to provide for a new scheme for studies assistance. The new scheme followed a review by the Public Service Commission, with substantial input from a Joint Council Subcommittee. The Joint Council is a management/union consultative body created pursuant to Public Service Regulation 72B. The new scheme is more flexible and will operate more readily in a substantially devolved public sector environment. Regulation 76 of the Public Service Regulations provides for review by the Merit Protection and Review Agency of decisions concerning applications for studies assistance by officers and employees of the Australian Public Service.

Regulation 76 is amended to take account of the new determination. The Merit Protection and Review Agency has been consulted on the proposed amendments.

A new paragraph (a) of regulation 76 is substituted to allow an appeal against a decision of a Secretary refusing approval for an officer or employee to undertake a scheme of study.

New paragraphs (b) and (c) of regulation 76 are substituted to allow an appeal against a decision not to grant either prospective payment or reimbursement o study costs to approved students or award holders.

Paragraph (e) of regulation 76 is amended to allow for an appeal against a decision taken in relation to leave of absence for study purposes for approved students or award holders.

The amended regulation has retrospective effect to 19 March 1991 which is the date on which Public Service Determination 1991/39 was made. The rights of persons other than the Commonwealth will not be adversely affected.

ISSUED UNDER THE AUTHORITY OF THE PRIME MINISTER