Public Service (Parliamentary Officers) Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

Statutory Rules

1973 No. 167

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, and on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Public Service Act 1922-1973.

Dated this twenty-third day of August, 5973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command

D. R. WILLESEE

Special Minister of State for and on behalf of the Prime Minister.

Amendments of the Public Service (Parliamentary Officers) Regulations

Hours of duty—other Officers of the Fourth Division.

1. Regulation 8b of the Public Service (Parliamentary Officers) Regulations is amended by omitting from sub-regulation (1) the word “ officer ” (second occurring) and substituting the words “ officer of the Joint House Department ”.

2. After regulation 36b of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted:—

Recreation leave for officers on shift work.

“ 36ba. (1) For the purposes of sub-section (4) of section 68 of the Act, service by an officer in a year during which he is rostered to work regularly on Sundays and holidays is service in special circumstances.

“ (2) Where an officer serves in special circumstances during a year, the recreation leave credit or additional recreation leave credit that accrues to him on the first day of January in the next succeeding year is a period equal to the sum of a period equal to his ordinary hours of duty during four weeks and—

(a) if he was rostered to work on not less than ten Sundays during that year—a period equal to his ordinary hours of duty during one week; or

(b) if he was rostered to work on less than ten Sundays during that year—a period that bears the same proportion to a period equal to his ordinary hours of duty during one week as the number of Sundays during that year on which he was rostered to work bears to ten.”.

* Notified in the Australian Government Gazette on 30 August 1973.

Statutory Rules 1941, No. 18, as amended to date. For previous amendments of the Public Service (Parliamentary Officers) Regulations see footnote   to Statutory Rules 1973, No. 3, and see also Statutory Rules 1973, No. 3.

3. Regulations 37b and 37c of the Public Service (Parliamentary Officers) Regulations are repealed and the following regulations substituted:—

Leave of absence to officers and employees undergoing courses of study.

“ 37b. (1) Sub-regulations (2) to (6) (inclusive) do not apply to an officer in relation to a course of study unless the course of study is—

(a) a course of study on completion of which an officer is eligible for the reimbursement of fees under Division II of Part III; or

(b) another course of study approved by the Parliamentary Head as a course of study for the purpose of this sub-regulation.

“ (2) Subject to this regulation, the Permanent Head may grant leave of absence with pay in any week to an officer to attend the lectures and to perform the practical work that he is required to attend and perform whilst undertaking his course of study but the period of leave so granted shall not exceed the period required by the officer to attend those lectures and to perform that practical work together with the period required by the officer for travelling for the purpose of attending those lectures or performing that practical work, or five hours, whichever is the less.

“ (3) Where the Parliamentary Head is satisfied that, by reason of the period spent by an officer in travelling for the purpose of attending the lectures and performing the practical work that he is required to attend and perform whilst undertaking his course of study, the period of leave of absence that may be granted to the officer under sub-regulation (2) is insufficient to enable the officer to attend those lectures or to perform that practical work, the Parliamentary Head may grant, in addition to the period of leave that may be granted by the Permanent Head to the officer under sub-regulation (2), leave of absence with pay for that purpose for a period not exceeding three hours in any week.

“ (4) The Permanent Head may grant leave of absence in any week to an officer for a period additional to the periods of leave of absence referred to in sub-regulations (2) and (3) if he is satisfied that it is necessary to grant the extra period of leave of absence to the officer to enable the officer to attend the lectures and to perform the practical work that he is required to attend and perform whilst undertaking his course of study.

“ (5) Leave granted under sub-regulation (4) shall be granted without pay or on condition that the officer performs duty for a period equal to the period of leave of absence so granted at a time when the officer would not otherwise be required to perform duty.

“ (6) The Permanent Head may grant to an officer who is undergoing a course of study as an external student at a University or other institution and is required by the University or other institution, as a condition precedent to the officer being allowed to present himself for examination in a subject in that course, to attend as a residential student at the University or other institution, leave of absence with pay for a period not exceeding the period of his ordinary hours of duty during one week in respect of each subject in which he is required so to attend.

“ (7) Sub-regulations (1) to (6) (inclusive) apply to an employee who is performing the duties of an office determined by the Parliamentary Head to be an office to which this sub-regulation applies and is taking a course of study approved by the Parliamentary Head for the purpose of this sub-regulation as if—

(a) the employee was an officer; and

(b) the course of study was a course of study approved by the Parliamentary Head as a course of study for the purpose of sub-regulation (1).

Leave of absence to officers undergoing short courses of instruction.

“ 37c. (1) In this regulation—

‘ officer ’ means an officer approved for the time being under regulation 70f as a student who is eligible for the reimbursement of fees paid in respect of a short course of instruction;

‘ short course of instruction ’ has the same meaning as in Division II of Part III.

“ (2) The Permanent Head may grant leave of absence with pay to an officer to attend the lectures and perform the practical work that he is required to attend and perform whilst undertaking his short course of instruction and for travelling for the purpose of attending those lectures or performing that practical work, but the period of leave granted under this sub-regulation shall not exceed, in the case of an officer who is not granted a continuous period of leave of absence, five hours in any week.”.

Prescribed defence purposes for the purposes of section 72 (1).

4. Regulation 38 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by inserting after paragraph (b) of sub-regulation (1) the following paragraph:—

“ (ba) continuous full time service as a member of the Naval Forces, the Military Forces or the Air Force for a period not exceeding four years for which an officer or employee has volunteered;”; and

(b) by inserting after sub-regulation (1) the following sub-regulations:—

“ (1a) Where an officer or employee referred to in paragraph (ba) of sub-regulation (1) is, by virtue of section 10a, section 39 or section 50b of the Defence Act 1903-1966, section 9, section 28 or section 32a of the Naval Defence Act 1910-1966 or section 4G, section 4H or section 4j of the Air Force Act 1923-1965, required, at the conclusion of the period of service for which he has volunteered to serve, to render additional service, that additional service is a prescribed service for the purposes of paragraph (a) of sub-section (1) of section 72 of the Act.

“ (1b) Where an officer or employee who is a member of the Naval Forces is not required to perform annual training as a member of the Naval Forces but is required to undergo, at intervals of not less than two years, training for a continuous period of not less than twenty-eight days, including Saturdays and Sundays, that training is a prescribed service for the purposes of paragraph (a) of sub-section (1) of section 72 of the Act.”.

5. After regulation 38a of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted:—

Conditions on which leave of absence is granted for other full-time service.

“ 38aa. Leave of absence to enable an officer or employee to engage in the service specified in paragraph (ba) of sub-regulation (1) of regulation 38 or sub-regulation (1a) of that regulation—

(a) shall be without pay; and

(b) shall not be granted to an employee beyond the date on which he would, if he had not been granted leave of absence, have ceased duty as an employee.”.

Periods of leave—Defence Forces.

6. Regulation 38b of the Public Service (Parliamentary Officers) Regulations is amended by inserting after sub-regulation (4) the following sub-regulations:—

“ (4a) Subject to this regulation, where an officer or employee who is a member of the Military Forces is required to engage in a continuous period of not less than thirty-three days training in a year, including Saturdays and Sundays, the officer or employee shall be granted, in lieu of the periods of leave of absence referred to in the preceding provisions of this regulation, leave of absence during that period to engage in that training.

“ (4b) Subject to this regulation, an officer or employee who is a member of the Naval Forces and who is required to engage in the service referred to in sub-regulation (1b) of regulation 38 shall be granted leave of absence during that period of service but that leave shall not exceed twenty-eight days.”.

Certificate of engaging in defence service.

7. Regulation. 38d of the Public Service (Parliamentary Officers) Regulations is amended by omitting the words “ paragraph (c) or (d) of sub-regulation (1) ” and substituting the words “ paragraph (ba), (c) or (d) of sub-regulation (1), or in sub-regulation (1a) or (1b),”.

8. Regulation 38e of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation substituted:—

Pay.

“ 38e. (1) Leave of absence granted to an officer or employee to engage in a service specified in paragraph (c) or (d) of sub-regulation (1) of regulation 38 for a period or periods not exceeding, in any one year, the total of the several periods specified in sub-regulations (1), (2) and (3) of regulation 38b shall be granted on full salary.

“ (2) Leave of absence granted to an officer or employee referred to in sub-regulation (4) of regulation 38b shall be granted, in respect of eighteen days of that leave, on full salary and in respect of the remainder of that leave without salary unless, during any part of the period of that leave, the officer or employee engages in service of a kind referred to in paragraph (d) of sub-regulation (1) of regulation 38 in which case the period during which the officer or employee engages in that service shall also be granted on full salary.

“ (3) Leave of absence not exceeding twenty-eight days granted to an officer or employee referred to in sub-regulation (4b) of regulation 38b shall be granted on full salary.

“ (4) For the purpose of this regulation, ‘ salary ’ includes an allowance specified in regulation 49 and, subject to sub-regulation (5), an allowance payable under regulation 66.

“ (5) An allowance payable under regulation 66 shall not be included as salary for the purposes of this regulation unless—

(a) the allowance has been paid for not less than one month before the date on which the officer or employee is granted leave under section 72 of the Act; and

(b) the officer would have been paid the allowance if he had not been granted the leave of absence.”.

Meal allowance.

9.Regulation 55 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting from sub-regulation (4) the figures and letters “ 11.30 p.m.” and substituting the words “ eleven thirty o’clock in the evening or two thirty o’clock in the morning ”;

(b) by inserting in that sub-regulation, after the words “ a meal is ” the words “ or meals are, as the case may be,”; and

(c) by adding at the endof that sub-regulation the words “ or meals ”.

Rates of travelling allowance.

10. Regulation 57 of the Public Service (Parliamentary Officers). Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:—

“ (1) Subject to these Regulations, the rate at which travelling allowance is payable to an officer or employee is—

(a) if salary is payable to the officer or employee at a rate that is not less than the rate specified in the Second Column of the table in sub-regulation (1) of regulation 71 of these Regulations opposite to a Level 1 office in the First Column—

(i) in respect of residence in a capital city—$28.00 per day, or

(ii) in any other case—$20.00 per day; and

(b) if salary is payable to the officer or employee at a rate that is less than the rate specified in the Second Column of the table in sub-regulation (1) of regulation 71 of these Regulations opposite to a Level 1 office in the First Column—

(i) in respect of residence in a capital city—$19.65 per day;

(ii) in any other case—$14.75 per day.”; and

(b) by omitting from sub-regulation. (2) the figures “ $25.00 ” and substituting the figures “ $28.00 ”.

Overtime.

11. Regulation 65 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by inserting after sub-regulation (1) the following sub-regulation:—

“ (1aa) Where an officer who has ceased work for the day is recalled for duty, that duty and the time necessarily spent in travelling to the place of duty and returning home is overtime.”;

(b) by omitting from sub-regulation (4) the words “ the next succeeding sub-regulation ” and substituting the words “ this regulation ”; and

(c) by omitting sub-regulation (4a) and substituting the following sub-regulation:—

“ (4a) Subject to sub-regulation (5), the hourly rate at which overtime is payable in respect of duty performed by an officer on a Saturday, other than the first three hours of that duty, and of duty

and time that is overtime by virtue of sub-regulation (1aa) is the rate per hour calculated—

(a) in the case of an officer defined by regulation 8 or 8a—in accordance with the following formula:—

; and

(b) 3in the case of an officer defined by regulation 8b—in accordance with the following formula:—

.”.

Saturday duty by certain officers of the Fourth Division.

12. Regulation 65aa of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting sub-regulation (2a); and

(b) by inserting after sub-regulation (5) the following sub-regulation:—

“ (5a) For the purposes of this regulation, where an officer—

(a) has performed his normal hours of duty in a week on the five days immediately preceding a Saturday on which he is rostered to perform duties; and

(b) was given notice that be was so rostered before he ceased his duties on the Friday immediately preceding that Saturday,

the officer is deemed to have been rostered to perform and to have performed duties for not less than two hours on that Saturday.”.

Sunday duty.

13. Regulation 65b of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting sub-regulations (6) and (8); and

(b) by omitting from sub-regulation (9) the words “ between nine o’clock in the morning and seven o’clock in the afternoon ”.

Payment for duty on a holiday.

14. Regulation 65c of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by inserting after sub-regulation (4) the following sub-regulation:—

“ (4a) Notwithstanding anything contained in this regulation, where, on a holiday, an officer performs duty during—

(a) a period commencing before twelve noon and a period commencing after twelve noon, not being periods that, but for a period allowed off duty for a meal, would be one period; or

(b) a period commencing after twelve noon and a period commencing after six o’clock in the afternoon, not being periods that, bat for a period allowed off duty for a meal, would be one period,

the amount payable to the officer in respect of duty on that holiday shall not be less than—

(c) where the officer performs duty on that holiday for more than one-half of a full day’s duty—an amount equal to a day’s salary payable to the officer, or

(d) in any other case—an amount equal to three-quarters of a day’s salary payable to the officer.”; and

(b) by omitting from sub-regulation (5a) the words “ including the amount by which his salary is increased in accordance with regulation 73 ”.

Allowance payable for use for official purposes, of private vehicle.

15. (1) Regulation 68a of the Public Service (Parliamentary Officers) Regulations is amended by omitting from sub-regulation (4) the words “ after the commencement of this regulation ”.

(2) Regulation 68a of the Public Service (Parliamentary Officers) Regulations is amended by omitting the table in sub-regulation (4) and substituting the following table:—

Type of vehicle

Rate of payment per mile in cents for each mile in the first 6,000 miles travelled in the prescribed period

Rate of payment per mile in cents for every other mile travelled in the prescribed period

Motor truck having a carrying capacity of 1 ton or over ............................

17.9

12.4

Motor car, or motor truck having a carrying capacity of less than 1 ton, the engine of which has 8 cylinders ..........................................................

 

17.5

 

12.1

Motor car, or motor truck having a carrying capacity of less than 1 ton, the engine of which has 6 cylinders ..........................................................

 

13.3

 

8.9

Motor car, or motor truck having a carrying capacity of less than 1 ton, the engine of which has 4 cylinders or less ...............................................

 

12.7

 

8.3

Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres .......................................................................................

 

10.0

 

7.1

Any other motor cycle ............................................................................

4.5

3.3

Allowance for use of private vehicles on specified journeys.

16. Regulation 68b of the Public Service (Parliamentary Officers). Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:—

Type of vehicle

Rate of payment per mile in cents

Motor truck of 1 ton capacity or over ................................................................................

12.4

Motor car, or motor truck of less than 1 ton capacity, the engine of which has 8 cylinders ....

12.1

Motor car, or motor truck of less than 1 ton capacity; the engine of which has 6 cylinders ....

8.9

Motor car, or motor truck of less than 1 ton capacity, the engine of which has 4 cylinders or less ....................................................................................................................................

 

8.3

Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres ..........

7.1

Any other motor cycle ......................................................................................................

3.3

17. After Regulation 68b of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted:—

Rotary engines.

“ 68ba. (1) In this regulation—

(a) a reference to a rotary engine shall be read as a reference to an internal combustion engine in which fuel is ignited by means of a spark and in the combustion chamber, or each combustion chamber, of which a single central rotating member performs the function performed by a piston in a combustion chamber of a reciprocating internal combustion engine in which fuel is so ignited; and

(b) subject to sub-regulation (2), the displacement of the rotary engine that drives a motor vehicle shall be taken to be the displacement of the engine according to the specifications of the engine issued by the manufacturer of the motor vehicle.

“ (2) Where the specifications issued by the manufacturer of a vehicle that is driven by a rotary engine do not state the displacement of the engine but state the displacement of the rotor or rotors comprising the engine, the displacement of the engine shall be taken to be equal to the displacement, according to those specifications, of the rotor that comprises the engine or the sum of the displacements, according to those specifications, of the rotors that comprise the engine.

“ (3) Regulations 68a and 68b apply to and in relation to a motor vehicle that is driven by a rotary engine—

(a) if the displacement of the engine is not less than 2,000 cubic centimetres—as if it were driven by an engine that has eight cylinders;

(b) if the displacement of the engine is not less than 1,000 cubic centimetres but is less than 2,000 cubic centimetres—as if it were driven by an engine that has six clyinders; and

(c) if the displacement of the engine is less than 1,000 cubic centimetres—as if it were driven by an engine that has four cylinders.”.

18. After regulation 69 of the Public Service (Parliamentary Officers) Regulations the following regulations are inserted:—

Loss or damage to clothing or personal effects.

“ 69a. (1) Where—

(a) an officer or employee incurs loss of, or damage to, clothing or personal effects; and

(b) a direction has been given under this regulation that the loss or damage was to be accepted, for the purposes of this regulation, as having been attributable to the service of the officer or employee,

the officer or employee shall be paid in respect of the loss or damage such amount as the Parliamentary Head or, in a case where the Permanent Head has given the direction, as the Permanent Head considers to be reasonable.

“ (2) Where loss of, or damage to, clothing or personal effects of an officer or employee—

(a) has occurred while he was protecting or endeavouring to protect property of the Commonwealth from loss or damage;

(b) has been caused by a fault or defect in goods or other property belonging to the Commonwealth; or

(c) has, in the opinion of the Parliamentary Head, or, if the amount claimed by the officer or employee is less than Twenty dollars, in the opinion of the Permanent Head, resulted from an act or omission by another person employed by the Commonwealth,

the Parliamentary Head or, if the amount claimed by the officer or employee does not exceed Twenty dollars, the Permanent Head may give a direction, that the loss of, or damage to, the clothing or personal effects of the officer or employee is to be accepted, for the purposes of this regulation, as having been attributable to the service of the officer or employee.

“ (3) Where loss of, or damage to, clothing or personal effects of an officer or employee has occurred in circumstances other than those specified in paragraph (a), (b) or (c) of sub-regulation (2), the Parliamentary Head may, if, in his opinion, the circumstances in which the loss or damage occurred are such that the loss or damage may reasonably be regarded as being attributable to the performance by the officer or employee of his duties, give a direction that the loss or damage is to be accepted, for the purposes of this regulation, as having been attributable to the service of the officer or employee.

“ (4) A direction shall not be given under sub-regulation (2) or (3) if the officer or employee is entitled to recover under a contract of insurance the amount of the loss or damage sustained by him.

“ (5) The Parliamentary Head shall not give a direction under sub-regulation (3)—

(a) unless he is satisfied that—

(i) the officer or employee took the precautions that he might reasonably have been expected to have taken to avoid the loss or damage;

(ii) the officer or employee could not reasonably have been expected to have insured himself against loss or damage occurring in the circumstances in which the loss or damage occurred; and

(iii) the officer or employee could not reasonably be expected to take proceedings for the recovery of an amount equal to the amount of the loss or damage sustained by him from a person who may be liable to the officer or employee for the loss or damage;

(b) if the officer or employee has received, or is entitled to receive, from a person liable to the officer or employee for the loss or damage an amount equal to the amount of the loss or damage; or

(c) at any time after proceedings have been instituted by the officer or employee against a person who may be liable to the officer or employee for the loss or damage sustained by him and before those proceedings have been finally disposed of.

“ (6) Nothing in this regulation affects any right that an officer or employee may have, apart from this regulation, to recover damages from the Commonwealth or from any other person in respect of the loss or damage, but, if after an amount has been paid to an officer or employee under this regulation, the officer or employee recovers damages in respect of loss or damage, an amount equal to the amount paid under this regulation, or, if that amount is greater than the amount recovered as damages, an amount equal to the amount recovered as damages, is recoverable from the officer or employee as a debt due to the Commonwealth.

Cleaning allowance.

“ 69b. (1) Subject to sub-regulation (2), an officer or employee who is engaged on cleaning duties that require him to work at a height of—

(a) when those duties are performed from a ladder, scaffolding or other similar device—not less than twenty-five feet from the ground or floor; or

(b) in any other case—not less than ten feet from the ground or floor,

shall be paid an allowance of Twenty-five cents for each day or part of a day during which he is so engaged.

“ (2) An allowance is not payable under sub-regulation (1) where the Permanent Head certifies that an efficient safety device is provided and is available for use by the officer or employee when performing those duties.”.

19. Division II of Part III of the Public Service (Parliamentary Officers) Regulations is repealed and the following Division substituted:—

Division IIAssistance with Studies

Interpretation.

“ 70e. (1) In this Division, unless the contrary intention appears—

‘ course of instruction ’ means—

(a) a course of instruction, other than a course of instruction that is equivalent to—

(i) a course of study ordinarily taught at a secondary school; or

(ii) a course of study or instruction conducted by the Parliamentary Head; or

(b) a course of instruction approved by the Parliamentary Head as a course of instruction for the purpose of this definition;

‘ course of study ’ means a course of study approved by the Parliamentary Head, being a course of study for a degree, diploma or certificate of an institution;

‘ fees ’ means the enrolment, tuition and examination fees that a person enrolled for a course of study at an institution is required to pay to be allowed to undertake that course and includes fees that all persons, or all persons forming a particular class of persons, at that institution are required to pay but does not include graduation fees, fees payable as a result of a failure by a person to enrol by a specified time or any amount payable by a person by reason of some act or omission on his part;

‘ institution ’ means—

(a) a university;

(b) a technical school or technical college; or

(c) any other place of education approved by the Parliamentary Head.

“ (2) An officer who is undertaking a course of study for the purposes of presenting himself at the examinations conducted by a body or organization approved by the Parliamentary Head, being a body or organization that conducts examinations for the purposes of enabling persons to obtain qualifications required for a profession, trade or calling, shall, for the purposes of this Division, be deemed to be undertaking a course of study for a diploma or certificate of an institution.

“ (3) An officer who completes a course of study, or passes an examination, to qualify himself to undertake a course of study for a degree of Doctor or Master of a University or for a post-graduate diploma at an institution shall be deemed to have completed a course of study for the purposes of this Division.

“ (4) In this Division, a reference to a prescribed period means the period of twelve months commencing on the first day of January in each year or such longer period as the Parliamentary Head determines in relation to a particular course of study or a particular subject.

“ (5) A course of instruction shall not be taken to be a short course of instruction in relation to an officer for the purpose of this Division—

(a) if the fees for the course of instruction exceed the sum of $200.00; or

(b) if the period or periods of leave of absence required by the officer to attend the lectures and perform the practical work that he is required to attend and perform whilst undertaking the course and for travelling for the purpose of attending those lectures or performing that practical work is a continuous period, or are periods amounting in the aggregate to a period, exceeding two hundred hours,

unless the course of instruction is approved by the Parliamentary Head as a short course of instruction.

Approved students.

“ 70f. (1) An officer—

(a) who has enrolled for a course of study at an institution during a prescribed period; or

(b) who has enrolled for a short course of instruction,

may apply to his Permanent Head to be approved as a student who, subject to compliance with this Division, is entitled to reimbursement of fees paid by him in that period.

“ (2) The Permanent Head may approve an application under sub-regulation (1).

“ (3) In considering whether to approve such an application, the Permanent Head shall take into account—

(a) in the case of an officer who has enrolled for a course of study—whether the number of subjects that the officer proposes to undertake in the year in which the application is made and in subsequent years will result in the officer completing his course of study within a reasonable time; and

(b) in the case of—

(i) an officer who has enrolled for a course of study for a diploma or certificate at an institution other than a University;

(ii) an officer who, having completed a course of study for one degree, diploma or certificate, has enrolled for a further course of study; or

(iii) an officer who has enrolled for a short course of instruction,

whether the successful completion by the officer of the course of study, the further course of study or the short course of instruction will result in the officer becoming more efficient as an officer of the Commonwealth Service and whether it is in the interest of the Commonwealth Service that officers should possess the qualifications to be obtained by the successful completion of the course of study, the further course of study or the short course of instruction.

Reimbursement of fees.

“ 70g. (1) Subject to this Division, an officer whose application in respect of a course of study under regulation 70f has been approved by his Permanent Head is entitled to reimbursement of the fees paid by him in the prescribed period to which the approval relates if—

(a) he furnishes to his Permanent Head a certificate given by the registrar or other appropriate officer of the institution at which he is or was enrolled for his course of study setting out—

(i) that he has passed the examinations in all the subjects of his course of study for which he was enrolled during the prescribed period and has complied with any other requirements specified by the institution at which he has undertaken or is undertaking his course in relation to all or any of those subjects; or

(ii) that he has complied with the requirements specified by the institution for the degree, diploma or certificate of the course of study that he has undertaken in a case where the satisfactory completion of his course does not depend upon the passing of examinations;

(b) his conduct, diligence and efficiency have—

(i) during the previous twelve months; or

(ii) during the period that he has been an officer,

whichever is the lesser period, been satisfactory; and

(c) he was an officer at the date on which he sat for the final examinations, or the first of the final examinations, in the subjects that he was undertaking in the prescribed period and at the date on which he furnished to his Permanent Head the certificate referred to in paragraph (a).

“ (2) Where an officer furnishes to his Permanent Head a certificate given by the registrar or other appropriate officer of the institution at which he was enrolled for his course of study setting out that the officer has passed the examinations in some but not all of the subjects of his course of study for which he was enrolled during the prescribed period, his Permanent Head may, if the officer has complied with all the other requirements of the last preceding sub-regulation, authorize the reimbursement to the officer of the fees paid by him in respect of the subjects in which he has passed in the prescribed period if, in the opinion of his Permanent Head, the number of subjects in which he has passed was reasonable having regard to—

(a) the number of subjects undertaken by the officer in the prescribed period; and

(b) the number of subjects undertaken in that period by other persons enrolled for the same or a similar course of study.

“ (3) Subject to this Division, an officer whose application in respect of a short course of instruction under regulation 70f has been approved by his Permanent Head is entitled to reimbursement of the fees paid by him in respect of that course if—

(a) he furnishes to his Permanent Head a certificate given by the registrar, secretary or other appropriate officer of the institution or body at which he had enrolled for his short course of instruction setting out—

(i) that he has passed the examinations in all the subjects comprised in, or all the examinations prescribed for, his short course of instruction, and has complied with any other requirement specified by the institution or body in relation to the course or any subject comprised in the course; or

(ii) that he has complied with the requirements specified by the institution or body for the satisfactory completion of the short course of instruction undertaken, where that completion does not depend on the passing of examinations;

(b) his conduct, diligence and efficiency have—

(i) during the previous twelve months; or

(ii) during the period that he has been an officer,

whichever is the lesser period, been satisfactory; and

(c) he was an officer at the date on which he furnished to his Permanent Head the certificate referred to in paragraph (a).

“ (4) Where an officer furnishes to his Permanent Head a certificate given by the registrar, secretary or other appropriate officer of the institution at which he was enrolled for his short course of instruction setting out that the officer has passed the examinations in some but not all the subjects comprised in his course, the Permanent Head may authorize the reimbursement to the officer of so much of the fees paid by him as can be attributed to the subjects in respect of which he has passed examinations, if the officer has complied with all the other requirements of the last preceding sub-regulation and, in the opinion of his Permanent Head, the number of subjects in respect of which he has passed examinations was reasonable having regard to—

(a) the number of subjects constituting the short course of instruction undertaken by the officer; and

(b) the number of subjects in respect of which examinations have been passed by other persons enrolled for the course or for similar courses of instruction.

Deferment of reimbursement until confirmation of appointment.

“ 70h. (1) Subject to sub-regulation (2), payment of an amount under this Division to an officer whose appointment has not been confirmed under section 47 of the Act shall not be made unless and until the appointment of the officer is confirmed under that section.

“ (2) Where—

(a) an officer would, but for the operation of sub-regulation (1), be entitled under this Division to be reimbursed the fees paid by him; and

(b) under section 47 of the Act, the Parliamentary Head, after the officer has furnished a certificate referred to in regulation 70g, annuls the appointment of the officer on the ground only that he is not satisfied as to his health,

the officer is entitled to be reimbursed, in accordance with this Division, the fees paid by him as if his appointment had been confirmed by the Parliamentary Head under that section.

Scholarship holders not eligible for reimbursement.

“ 70j. An officer is not eligible to receive reimbursement of fees under this Division if—

(a) those fees have been paid by the Commonwealth;

(b) those fees have been paid by reason of the grant to the officer of an award or scholarship under the terms of which the fees of the holder at an institution are payable; or

(c) the officer is entitled to have those fees paid by reason of the grant of an award or scholarship under the terms of which the fees of the holder at an institution are payable.

Review by the Parliamentary Head.

“ 70k. (1) Where—

(a) the Permanent Head has not approved an application by an officer under regulation 70f;

(b) an officer has not been reimbursed, under sub-regulation (1) or (3), whichever is applicable, of regulation 70g, the fees paid by him on the ground that his conduct, diligence or efficiency in the period referred to in paragraph (b) of sub-regulation. (1) of regulation 70g or in paragraph (b) of sub-regulation (3) of that regulation, as the case may be, has not been satisfactory; or

(c) the Permanent Head has not authorized, under sub-regulation (2) or (4), whichever is applicable, of regulation 70g, the reimbursement to an officer of the fees paid by him,

the Permanent Head shall, upon the request in writing of the officer, refer the matter to the Parliamentary Head.

“ (2) Where a matter has been referred to the Parliamentary Head under sub-regulation (1), the Parliamentary Head shall, if he considers that the circumstances so warrant, direct—

(a) that the officer’s application be approved;

(b) that the officer be reimbursed the fees paid by him; or

(c) that reimbursement of the fees paid by the officer be authorized under sub-regulation (2) or (4), whichever is applicable, of regulation 70g.”.

Salaries payable to Officers of Second and Third Division.

20. Regulation 71 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting the table in sub-regulation (1) and substituting the following table:—

First Column

Second Column

Level of office

Rate in dollars

Level 1 ...........................................................................................................

14,479

Level 2 ...........................................................................................................

15,983

Level 3 ...........................................................................................................

17,489

Level 4 ...........................................................................................................

18,995

Level 5 ...........................................................................................................

20,502

Level 6 ...........................................................................................................

22,012

(b) by omitting the table in sub-regulation (2) and substituting the following table:—

First Column

Second Column

Third Column

Fourth Column

Class of office

Minimum rate in dollars

Maximum rate in dollars

Scale of rates in dollars

Class 1 ..........................

3,830

4,770

3,830-4,018-4,206-4,394-4,582-4,770

Class 2/3 .......................

4,955

5,708

4,955-5,144-5,332-5,520-5,708

Class 4 ..........................

5,923

6,571

5,923-6,140-6,355-6,571

Class 5 ..........................

6,787

7,434

6,787-7,002-7,219-7,434

Class 6 ..........................

7,651

8,230

7,651-7,941-8,230

Class 7 ..........................

8,518

9,097

8,518-8,807-9,097

Class 8 ..........................

9,529

9,961

9,529-9,961

Class 9 ..........................

10,393

10,824

10,393-10,824

Class 10 ........................

11,256

11,688

11,256-11,688

Class 11 ........................

12,120

12,551

12,120-12,551

(c) by omitting the table in sub-regulation (4) and substituting the following table:—

Age of officer

Rate of annual salary

Clerk

Library Officer-in-training

$

$

Under 18 years ...........................................................................

2,298

2,310

18 years .....................................................................................

2,681

2,695

19 years .....................................................................................

3,102

3,118

20 years .....................................................................................

3,485

3,503

and

(d) by omitting the table in sub-regulation (5) and substituting the following table:—

First Column

Second Column

Age of officer

Rate in dollars

22 years ...........................................................................................................

4,018

23 years and over .............................................................................................

4,206

Salaries and allowances of Officers of the Fourth Division.

21. Regulation 72 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) The scale of rates per year in accordance with which salary is payable to an officer who occupies an office of Typist is $1,688-$2,025-$2,363-$2,734-$3,071-$3,375-$3,475-$3,575-$3,675.”;

(b) by omitting the table in sub-regulation (3) and substituting the following table:—

First Column

Second Column

Age of officer

Rate in dollars

Under 17 years ................................................................................................

1,688

17 years ..........................................................................................................

2,025

18 years ..........................................................................................................

2,363

19 years ..........................................................................................................

2,734

20 years ..........................................................................................................

3,071

(c) by omitting sub-regulation. (5);

(d) by omitting the table in sub-regulation (8) and substituting the following table:—

First Column

Second Column

Age of officer

Rate in dollars

Under 17 years ................................................................................................

1,630

17 years ..........................................................................................................

1,955

18 years ..........................................................................................................

2,281

19 years ..........................................................................................................

2,640

20 years ..........................................................................................................

2,966

and

(e) by omitting the table in sub-regulation (10) and substituting the following table:—

First Column

Second Column

Age of officer

Rate in dollars

Under 17 years ................................................................................................

1,514

17 years ..........................................................................................................

1,817

18 years ..........................................................................................................

2,120

19 years ..........................................................................................................

2,453

20 years ..........................................................................................................

2,755

Sick leave to temporary employees.

22.Regulation 89 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting paragraph (c) of sub-regulation (2) and substituting the following paragraph:—

“ (c) After completion of twelve months’ continuous employment the leave granted shall not exceed the leave that would have been able to be granted to the employee if Determination No. 119 of 1951 under the Public Service Arbitration Act 1910-1950, other than paragraph (a) of the proviso to paragraph (1), applied to the employee.”; and

(b) by inserting after sub-regulation (2) the following sub-regulations:—

“ (2a) For the purposes of paragraph (c) of sub-regulation (2), an employee’s employment is continuous for twelve months if in a period of fourteen months he is employed for not less than twelve months and the periods of unemployment during that fourteen months are due to the requirements of the service.

“ (2b) Notwithstanding anything contained in this regulation, the Permanent Head may grant leave of absence to a temporary employee on the ground of illness without production of a medical certificate to the extent of four days in a period of twelve months.”.

The Schedules.

23. The Schedules to the Public Service (Parliamentary Officers) Regulations are omitted and the following Schedules substituted:—

“ FIRST SCHEDULE Regulation 71 (3)

Annual Salaries of Certain Officers of the Third Division

First Column

Second Column

Third Column

Item No.

Designation of Office

Annual salary or scale of rates of annual salary in dollars

1

Leader of staff (Representatives) ........................

12,560-13,080

2

Leader of staff (Senate) ......................................

12,560-13,080

3

Supervisor .........................................................

11,020-11,540

4

Senior Reporter .................................................

10,500-11,020

5

Reporter ............................................................

9,200-9,460-9,720-9,980-10,240-10,500

6

Reporter-in-training ...........................................

5,750-5,950-6,150-6,350-6,550

7

Principal Librarian .............................................

10,025-10,438-10,851

8

Librarian, Class 1 ..............................................

4,716-4,908-5,100-5,403-5,708--6,061-6,464-6,868

9

Librarian, Class 2 ..............................................

7,069-7,254-7,572-7,891

10

Librarian, Class 3 ..............................................

8,234-8,578-8,923-9,267

11

Library Officer, Grade 2 .....................................

5,450-5,650-5,850-6,050

12

Library Officer, Grade 1 .....................................

4,650-4,850-5,050-5,250

13

Library Officer-in-training ..................................

3,850-4,050-4,250-4,450

14

Librarian-in-training ..........................................

4,393-4,563-4,734-4,905

15

Principal Technical Officer .................................

8,961-9,209

16

Information Officer ............................................

9,338-9,715

“ SECOND SCHEDULE Regulation 72 (1)

Annual Salaries of Certain Officers of the Fourth Division

First Column

Second Column

Third Column

Item No.

Designation of Office

Annual salary or scale of rates of annual salary in dollars

1

Chef ..................................................................

6,749

2

Mechanical Maintenance Officer ........................

6,223-6,381

3

Assistant Private Secretary .................................

5,170-5,370-5,570--5,770

4

Attendant and Reader .........................................

5,428-5,594-5,760

5

Principal Attendant ............................................

5,428-5,594-5,760

6

Clerical Assistant, Grade 6 .................................

5,428-5,594-5,760

7

Clerical Assistant, Grade 5 .................................

4,930-5,096-5,262

8

Clerical Assistant, Grade 4 .................................

4,516-4,640-4,764

9

Clerical Assistant, Grade 3 .................................

4,020-4,144-4,268-4,392

10

Clerical Assistant, Grade 2 .................................

3,650-3,732-3,814-3,896

11

Clerical Assistant, Grade 1 .................................

3,240-3,322-3,404-3,486-3,568

12

Mechanic-in-charge (Air-conditioning) ...............

5,587

13

Technician-in-charge (Electrical) ........................

5,587

14

Technician-in-charge (Sound Recording) ............

5,587

15

Steno-secretary, Grade 2 ....................................

5,170-5,370-5,570

16

Steno-secretary, Grade 1 ....................................

4,325-4,475-4,625

17

Housekeeper .....................................................

5,198-5,305

18

Deputy Principal Attendant ................................

4,930-5,096-5,262

19

Foreman Gardener .............................................

5,029-5,144-5,259

20

Maintenance Officer ..........................................

5,154

21

Assistant Mechanic-in-charge (Air-conditioning)

4,932-5,043-5,154

22

Principal Cook ...................................................

4,772-4,872-4,974-5,077

23

Senior Fitter (Electrical) .....................................

4,802-4,932

24

Assistant Manager (Dining Rooms) ....................

4,569-4,674-4,779-4,884

25

Assistant Manager (Bars) ...................................

4,464-4,569-4,674-4,779

26

Attendant, Grade 3 .............................................

4,640-4,764

27

Attendant, Grade 2 .............................................

4,392-4,516

28

Attendant, Grade 1 .............................................

4,020-4,144-4,268

29

Deputy Housekeeper ..........................................

4,553-4,660

30

Typist, Supervisor, Grade 1 ................................

4,475-4,625

31

Painter ...............................................................

4,393-4,504-4,613

32

Carpenter ..........................................................

4,393-4,504-4,613

33

Printer, Grade 2 .................................................

4,314-4,417-4,520

34

Printer, Grade 1 .................................................

4,108-4,211-4,314

35

Cook (Special Duties) ........................................

4,185-4,287-4,389-4,491

36

Senior Boiler Attendant ......................................

4,024-4,132-4,240

37

Typist, Grade 2 ..................................................

3,805-3,935-4,065

38

Gardener ...........................................................

3,793-3,870-3,948

39

Senior Barman, Grade 3 .....................................

3,689-3,761-3,834-3,906

40

Senior Barman, Grade 2 .....................................

3,617-3,689-3,761-3,834

41

Senior Barman, Grade 1 .....................................

3,545-3,617-3,689-3,761

42

Senior Storeman ................................................

3,632-3,735-3,840

43

Senior Waitress, Grade 2 ....................................

3,556-3,629-3,702-3,775

44

Senior Waitress, Grade 1 ....................................

3,504-3,577-3,650-3,723

45

Nightwatchman .................................................

3,484-3,558-3,632

46

Cleaner .............................................................

3,484-3,558-3,632

47

Bar Attendant ....................................................

3,328-3,401-3,474-3,547

48

Waitress ............................................................

3,232-3,305-3,378-3,451

49

Kitchenman .......................................................

3,169-3,241-3,313-3,385

50

Senior Pantrymaid, Grade 2 ................................

2,909-2,981-3,053-3,125

51

Senior Pantrymaid, Grade 1 ................................

2,854-2,926-2,998-3,070

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0