This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Public Employment (Consequential and Transitional)
Amendment Bill 1997
Date Introduced: 26 June 1997
House: House of Representatives
Portfolio: Prime Minister
Commencement: The majority of provisions commence
at the same time as the Public Service Act 1997.
The Digest also reflects the Government amendments circulated on
27 October 1997.
The Public Employment (Consequential and Transitional) Amendment
Bill 1997 (the CTA Bill) will:
- validate actions and decisions taken under the former
legislation (the Public Service Act 1922);
- provide for the transition from the present to the new
employment framework; and
- make consequential amendments to over 850 other Acts which
incorporate references to the framework created by the Public
Service Act 1922.
The CTA Bill forms part of a package of four Bills, the others
- Public Service Bill 1997
- Parliamentary Service Bill 1997
- Parliamentary Service (Consequential Amendments) Bill
Detailed background to the legislation forms part of the Digests
for the Public Service Bill 1997 and the Parliamentary Service Bill
As is clear from the then Minister's Second Reading Speech,(1)
the Explanatory Memorandum, and the CTA Bill itself, this
legislation covers an extensive and disparate range of matters. The
Explanatory Memorandum provides a readable and detailed account of
the measures proposed and Minister Reith's Second Reading Speech
usefully discusses the major proposals under two broad
The Second Reading Speech identifies three broad classes of
transitional provisions and eight broad types of consequential
The transitional provisions deal with:
- the changes to the status of existing staff, including
converting them from officers to employees;
- mobility and 'return rights' of public servants;
- the continuation of matters and legal actions on foot.
The consequential amendments provide for:
- changes in the current provisions relating to staffing to
reflect the new employment framework;
- removal of obsolete references to the Public Service Board
(itself abolished in 1987);
- consequential (essentially machinery) amendments to the
- limiting the role of the Remuneration Tribunal in relation to
the setting of pay and conditions of Secretaries;
- removal of cross-references to reciprocal mobility, which is
now to be dealt with by the Public Service Commissioner's
- removal of references to the former mobility arrangements set
out in Part IV of the 1922 Act;
- standard translations for common terms in the 1922 Act;
- other miscellaneous amendments to maintain links to the new APS
This issue is dealt with at page 14 of Bills Digest No.
74 (Public Service Bill 1997) and pages 12 13 of Bills
Digest No. 68 (Parliamentary Service Bill 1997).
Clause 12 of the CTA Bill as introduced is
repealed by clause 10 of the Parliamentary Service (Consequential
Amendments) Bill 1997.
The CTA Bill also deals with the consequences of changing
arrangements for setting Senior Executive Service (SES)
Clause 24 of the Public Service Bill provides for the devolution
of salary setting arrangements for SES and non SES employees to the
agency level. There will in time thus be different rates of pay
applying to the same classifications across the APS.
Schedule 3 of the Remuneration and Allowances Act 1990
links the remuneration of members of Parliament to the minimum
salary payable to an SES Band 2 officer. However, as there will be
no common base salary for SES employees across the APS, it is
necessary devise another mechanism for setting base for Members of
Parliament. Enterprise bargaining would not appear to be a
practical or favoured option.
The Government is proposing amendments to the Remuneration
Tribunal Act 1973 to determine a classification structure for
what will be called principal executive offices (Schedule
1 to the 'amended' CTA Bill, items 757
762).(3) The Explanatory Memorandum states that a linkage
will in future be made between parliamentary salaries and a
principal executive classification prescribed by regulation.(4)
These principal executive classifications are to be subject to
regular review in accordance with the Remuneration Tribunal Act
The Explanatory Memorandum also states that the new linkage will
apply to certain statutory offices without increasing the level of
- Hon Peter Reith, Hansard, 26 June 1997: 6467 6468.
- ibid: 6468.
- References are to the amended Schedule as circulated on 27
- page 6.
- ibid: 6.
29 October 1997
Bills Digest Service
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© Commonwealth of Australia 1997
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Last updated: 30 October 1997
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