Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1992 NO. 53

STATUTORY RULES 1992 No. 53

Issued by the authority of the Minister for Industrial Relations for and on behalf of the Prime Minister

Public Service Act 1922

Public Service Regulations (Amendment)

Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

Part IV of the Act deals with the rights of officers of the Australian Public Service (APS) who become employed by the Commonwealth outside the provisions of the Act or by certain nonCommonwealth bodies.

The Public Service Amendment Act 1991 (the Amendment Act) amends Part IV of the Act to prevent people who obtain redundancy benefits from a Commonwealth authority or Government Business Enterprise from "double-dipping" by exercising their rights under Part IV of the Act to return to the APS or, having exercised their right to return, obtaining further redundancy benefits.

The amendments prevent double-dipping in the following situations:

•       where an employee is to receive a voluntary retrenchment benefit from an authority (in these situations there is to, be no option of return to the APS)

•       where an employee is to be compulsorily retired from an authority and does not exercise an early option to return to the APS

•       where an employee is compulsorily retired from an authority and exercises an early option to return to the APS.

The Amendment Act makes provision for each of the above situations in relation to each of three categories of people who have rights under Part IV of the Act. These categories are:

•       people covered by the "first tier" (Division 2 of Part IV)

•       people covered by the "second tier" (Division 3 of

Part IV)

•       people to whom the repealed Officers' Rights Declaration Act 1928 (the ORD Act) applies (Division 4 of Part IV).

The pattern of the relevant sections is as follows:

•       sections 87JB and 87JC cover excess officers failing to resign/resigning from employment ("first tier")

•       sections 87SB and 87SC cover excess persons failing to apply/applying for re-appointment to the Service ("second tier")

•       sections 87UB and 87UC cover excess officers failing to apply/applying for appointment to an office in the Service (ORD Act people).

Paragraph (1)(b) of each of sections 87JB, 87JC, 87SB, 87SC, 87UB and 87UC provides that the relevant section applies to a person who, inter alia, is notified, as prescribed, by the employing authority of the effect in relation to the officer or person of the operation of the section.

Regulation 1 provides that the Public Service Regulations are amended as set out in the Regulations.

Regulation 2 of the Regulations inserts new regulation 173 of the Public Service Regulations, which specifies that the notification to a person covered by one of the above-mentioned sections is to be:

•       in writing delivered by hand or security post; or

•       if the person agrees, by electronic mail or facsimile message.

The Regulations also provide that the notification is taken to be made on the date on which it was handdelivered or sent by post, electronic mail or facsimile. Regulation 173 commences on gazettal.