PUBLIC SERVICE REGULATIONS (AMENDMENT) 1994 NO. 330

PUBLIC SERVICE REGULATIONS (AMENDMENT) 1994 NO. 330

STATUTORY RULES 1994 No. 330

Issued by the authority 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.

Section 82AG of the Act provides that a Secretary of a Department may employ persons in the Department to perform duties in the Department under a prescribed scheme to enable such persons to gain ability for the purpose of participating in the Australian workforce.

Section 63T of the Act provides that the Regulations may make provision for and in relation to the application of the discipline provisions in Division 6 of Part III of the Act in relation to certain classes of employees.

Regulation 122 of the Public Service Regulations lists a number of schemes pursuant to section 82AG of the Act.

Regulation 165 provides that the discipline provisions of the Act as modified by the Regulations apply to an employee referred to in section 63T of the Act other than (inter alia) an employee employed under section 82AG of the Act, in or under certain named schemes.

The Regulations amend the Public Service Regulations by omitting from regulation 122 schemes which are no longer relevant and inserting references to new or replacement schemes. The regulations make corresponding amendments to regulation 165. Regulation 165 is also amended to include reference to the Disability Employment Enhancement Scheme. This scheme was recently prescribed in regulation 122 but a corresponding amendment was not made to regulation 165 at that time.

The Australian Public Service National Training wage Program and the Jobstart program are prescribed by these regulations as schemes under section 82AG of the Act. The Career Start Traineeship Program and the Commonwealth Work Experience Program are omitted.

The inclusion of the above labour market programs arises from the implementation of the Government's "Working Nation" paper.

Government employers have been asked to increase their hiring and training of long term unemployed people through participation in labour market programs.

The Australian Public Service National Training Wage Program is a new program to provide training opportunities and experience for candidates drawn from youth and the long term unemployed. Persons employed under this program for a period of 12 months will be paid a training wage and receive structured training.

The labour market program, Jobstart, has been operating in the private sector and the amendment extends the program to the Australian Public Service. Under Jobstart, agencies which provide places to the long term unemployed for a period of twelve months will receive a subsidy for part of this period, the length and rate of this subsidy reflecting the duration of the jobseeker's unemployment.

Regulation 1 of the Regulations is a formal provision.

Regulation 2 amends regulation 122 by omitting 2 schemes which are now obsolete and substituting 2 new schemes, being the program known as Jobstart, and the program known as the Australian Public Service National Training Wage Program.

Regulation 3 amends regulation 165 for technical drafting reasons by adding the word "or" at the end of paragraph (a) and certain subparagraphs.

Regulation 165 is further amended to add the program known as Jobstart, the program known as the Australian Public Service National Training Wage Program and the program known as the Disability Employment Enhancement Scheme to the list of schemes under section 82AG. The effect of this prescription is to exclude an employee employed under any of these schemes from the discipline provisions of the Public Service Act.