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Last updated: 11 February 2002
Circular 2002/1 Changes to the Public Service Regulations
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Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
The purpose of this Circular is to advise of amendments to the Public Service Regulations and the Merit Protection (Australian Government Employees) Regulations (as preserved by the Public Employment (Consequential and Transitional) Amendment Act 1999).
The changes, which came into effect on 15 December 2001, were made by the Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Regulations 2001 and amend offence provisions in the Public Service Regulations and the Merit Protection (Australian Government Employees) Regulations to make them consistent with the Criminal Code.
The Criminal Code, which also came into effect on 15 December, established general principles of criminal responsibility and a standard approach to the formulation of Commonwealth criminal offences. This Code may have inadvertently changed the operation of some offences that were drafted prior to its development. Those offences needed to be amended in such a way as to ensure that they continued to operate in the way originally intended.
The Explanatory Memorandum to the Regulation amendments notes that the amendments to the Public Service Regulations and the Merit Protection (Australian Government Employees) Regulations ensure that relevant provisions are "harmonised" with the Code. The amendments make it clear that:
- a defence of reasonable excuse applies to some of the offences; and
- strict liability principles apply to some offences of parts of offences.
A copy of the amendments to the Regulations, together with the Explanatory Memorandum, is attached to this Circular. The amendments are included in the consolidated Regulations on the Attorney-General's Department SCALEplus site, which is linked from the PSMPC's website.
General enquiries in relation to this matter can be directed to the PSMPC's Helpline on (02) 6202 3859.
Jeff Lamond
Team Leader
Staffing, Structures and Performance Team
6 February 2002
