WARNING:
This Digest is prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments.
This Digest was available from 3 August 1996.
CONTENTS
Australian Capital Territory Government Service
(Consequential Provisions) Amendment Bill 1996
Date Introduced: 26 June 1996
House: Representatives
Portfolio: Prime Minister
Commencement: Royal Assent
To allow staff of the Australian Capital Territory Government
Service (ACTGS) who are transferred from the ACTGS to corporate
entities such as ACT Electricity and Water (ACTEW) to retain the
right to apply to the Australian Public Service for selection on
merit for advertised vacancies.
The Principal Act, the Australian Capital Territory
Government Service (Consequential Provisions) Act 1994,
received the Royal Assent on 29 June 1994 and commenced on 1 July
1994. The primary purpose of that Act was to separate the 'ACT
Branch' from the Australian Public Service so that a local
Australian Capital Territory Government Service (ACTGS) could be
created. The Act retained a link between the ACTGS and the
Australian Public Service in that staff of the ACTGS are entitled,
amongst other things, to apply for selection on merit to all
vacancies advertised in the Australian Public Service
Gazette. This is a reciprocal arrangement and Australian
Public Service officers may also apply for ACTGS advertised
vacancies.
Prior to separation in 1994, there were about 9,000 (1)permanent
Australian Public Service staff employed in the 'ACT Branch'. The
ACT Government public employment profile also contained another
13,000 employees. The separation and formation of the ACTGS saw the
inclusion of nearly every ACT public servant within the ACTGS. All
ACTGS staff (about 21,000 (2)) enjoy the reciprocal right to apply
for advertised vacancies in the Commonwealth Gazette.
The reciprocal right for ACTGS officers to apply for Australian
Public Service (APS) vacancies, therefore, extends to more than the
9,000 former permanent staff of the APS who were compulsorily
transferred by the Principal Act in 1994. Within the combined total
of 21,000 staff were 1,380 ACTEW staff who have
now been compulsorily transferred (on 1 July 1995) from the ACTGS
to the corporatised ACTEW.
The extended effect of the 1994 Principal Act (up to 21,000
ACTGS staff with a reciprocal right to apply for APS vacancies) was
not viewed as adversely affecting the APS because the expanded
category included ACT staff such as teachers whose utilisation of
the reciprocal right would probably have meant a change of career
and a variation in terms and conditions of employment. In other
words, the take-up rate of the reciprocal right was likely to be
limited.
This Bill will allow former ACTGS staff, such as 1,380 ACTEW
employees, to retain the reciprocal 'mobility right' so that they
may continue to apply for selection on merit for vacancies in the
Australian Public Service. The provision in the Bill could also be
used for other staff who are likewise separated from the ACTGS but
still employed by an ACT Government entity (i.e. ACTTAB staff who
were compulsorily transferred as of 1 July 1996 to the corporatised
ACTTAB).
The Bill implements the legislative amendment by way of Schedule
1 to the Bill. This Schedule contains a single item, Item
1, which expands the Governor-General's regulation-making
power under the Principal Act.
The form of the amendment is what is known as a Henry
VIII provision which enables the Regulation to amend the
operation of any Act to achieve the purpose stated in Item 1. In
other words it is a significant grant of power to effect
legislative change by way of a subordinate law. Being a Regulation
it must be tabled and it is subject to disallowance by Parliament.
Apart from the Principal Act, other Acts which might be amended by
a Regulation made under this Bill (when enacted) would include the
Public Service Act 1922.
The power granted is for a limited period (until 30 June
1998).
These Henry VIII provisions are usually unremarkable
where the purpose of the broad grant of power is not inappropriate
and it is used to protect or confer rights. The right which is
protected here is the right of former ACTGS officers to continue to
utilise the reciprocal mobility right, even though the officers are
compulsorily transferred to an ACT corporate entity, such as ACTEW.
This Henry VIII approach is used where it is considered
impracticable to introduce a series of minor amending Bills to
Parliament. It is an approach, however, which is endorsed only with
reservation by some commentators who examine the use of subordinate
legislation.(3)
- See Bills Digest No. 94 of 1994, Australian Capital
Territory Government Service (Consequential Provisions) Bill
1994, Parliamentary Research Service, Department of the
Parliamentary Library, Canberra: 31 May 1994.
- Ibid
- See the discussion in Pearce, D. Delegated
Legislation,Butterworths,
Sydney, 1977: 7- 10.
Brendan Bailey Ph. 06 277 2434
1 August 1966
Bills Digest Service
Parliamentary Research Service
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
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ISSN 1323-9032
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1996.
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Last updated: 5 August 1996
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