Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1998 NO. 48

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 48

(Issued by authority of the Prime Minister)

Public Service Act 1922

Public Service Regulations (Amendment)

Subsection 29B(1) of the Public Service Act 1922 (the Act) provides, inter alia, that an office in a Department may be declared by the relevant Secretary to be a part-time office. Subsection 29C(1) provides that a declaration must specify the hours of attendance applicable to the officer who occupies the office. Subsection 29C(2) of the Act provides that a declaration shall not specify hours of work that are respectively more or less than maximum and minimum hours prescribed by the regulations.

Section 97 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

After the introduction of permanent part-time employment in 1986, regulation 15 (formerly regulation 9) of the Public Service Regulations set, for the purposes of section 29C(2), the maximum at 30 hours and the minimum at 15 hours.

Limitations on the span of permanent part-time hours are no longer considered appropriate, in view of..

*       subsection 89A(4) of the Workplace Relations Act 1996, which prevents the

       Australian Industrial Relations Commission from making awards which specify

       minimum and maximum hours of work for regular part-time employees; and

*       Government policy that public service agencies settle their own industrial arrangements

       through local agreements, in order to introduce flexible employment conditions that

       better accommodate the different circumstances of staff and each agency's operating

       needs.

The regulation amended regulation 15 to allow working hours for part-time offices to be from 1 to 36 hours per week.

The Regulations commenced on the date of gazettal.


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