Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1995 NO. 105

STATUTORY RULES 1995 No. 105

Issued by the Authority of the Special Minister of State

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.

Subsection 76U(2) of the Act provides that an officer who has attained the minimum retiring age under the Act may retire from the Service. It provides for a minimum retiring age of 55 years but enables an alternative minimum retiring age for a class of officers to be fixed by the regulations. Subsection 76U(2) provides that "officer" includes an "overseas employee".

Subsection 76V(2) of the Act provides for a maximum retiring age of 65 years but enables an alternative maximum retiring age for a class of officers to be fixed by the Regulations.

Section 82AF of the Act provides that a Secretary of a Department may engage persons overseas to perform duties overseas.

Regulation 120B of the Public Service Regulations (the Principal Regulations) fixes a minimum and maximum retiring age for a class of officers.

The Regulations amend the Principal Regulations by omitting regulation 120B which contains obsolete references to staff employed in the Civil Aviation Authority which is no longer staffed under the Act.

The Regulations then further amend the Principal Regulations by inserting a new regulation 120B to provide a minimum retiring age for certain employees in Greece.

Sections 76U and 76V of the Act govern the minimum and maximum retiring ages of overseas employees employed under section 82AF of the Act. The ages provided in the Act frequently do not correspond to the ages for retirement under the local law of the country in which the person is employed. Under local labour law in Greece certain employees are entitled to retire at 50 years of age and access to the Greek pension is only available on retirement. In the absence of a regulation providing an alternative minimum retirement age, under the general provisions of section 76U the employee may not retire until the employee has attained 55 years of age. The amending regulation provides an entitlement to retire at the age of 50 years for the class of employee who, under Greek law is entitled to a reduced early pension on attaining 50 years.

Details of the Regulations are set out below.

Regulation 1 of the Regulations is a formal provision.

Regulation 2 of the Regulations omits regulation 120B and substitutes a new regulation 120B which fixes a minimum retiring age of 50 years for persons engaged under section 82AF of the Act and who qualify under Greek law for a reduced early pension on turning 50.

Regulation 3 omits schedule 1D from the Regulations. This amendment is consequential. on the omission of regulation 120B.

Regulation 4 omits schedule 1E from the Regulations. This amendment is consequential on the omission of regulation 120B.