Public Service (Parliamentary Officers) Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of
the Commonwealth of Australia, acting with the advice of the Federal 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
Dated 20 December 1982.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
MARGARET GUILFOYLE
Minister of State for Finance
for and on behalf of the Prime Minister
(1) In this regulation ‘approved student’ and ‘scheme of study’ have the same meaning as in Division II of Part III.
For the purposes of sub-section 71 (1) of the Act, each of the following is a prescribed purpose:
(a) pursuance of a scheme of study by an approved student;
(b) attendance at, or sitting for, a supervised examination held by or on behalf of the Parliamentary Head under the Act.
The maximum continuous period of leave of absence that may be granted under sub-section 71 (1) of the Act to an approved student for the pursuance of a scheme of study is 2 years.”.
In this Division, unless the contrary intention appears—
‘approved student’ means an officer or employee who has been approved by the Permanent Head under sub-regulation 70F (2) in respect of a scheme of study undertaken or to be undertaken by that officer or employee during a prescribed period;
‘fee’ means a compulsory tuition or examination fee;
‘institution’ means—
(a) a university;
(b) a college of advanced education;
(c) a college of technical and further education;
(d) a technical school; or
(e) a person, group of persons or an establishment approved by the Parliamentary Head under sub-regulation 70L (1),
whether within or outside Australia;
‘institutionally assessed scheme of study’ means a scheme of study conducted or arranged by an institution that assesses the performance of persons undertaking that scheme of study;
‘institutionally assessed subject’ means a subject conducted or arranged by an institution that assesses the performance of persons undertaking that subject;
‘prescribed period’ means a period not exceeding 12 months commencing on 1 January in any year, or such longer period commencing on that day as the Parliamentary Head determines under sub-regulation 70L (2) in relation to a scheme of study;
‘private institution’ means an institution other than a public institution;
‘public institution’ means an institution conducted by or on behalf of the Commonwealth or a State or Territory;
‘scheme of study’ means a course or program of study, research, instruction, training or other educational activity conducted or arranged by an institution;
‘subject’ means a part of a scheme of study in respect of which a separate fee is payable.
(1) In this regulation, ‘Department’ includes a branch or part of the Parliamentary Service under the control of a person who has, in relation to that branch or part, the powers of, or exercisable by, a Permanent Head.
Subject to this regulation, the Permanent Head may, for the purposes of this Division, on an application by an officer or employee, approve of that person undertaking a scheme of study during a prescribed period that commenced, or will commence, in a particular year.
The Permanent Head shall not give an approval under sub-regulation (2) in respect of an application by an officer unless he considers that, having regard to—
(a) the duties of the officer;
(b) the operational needs of the Department in which the officer performs his duties;
(c) the career development needs of the officer; and
(d) any factor the Permanent Head considers relevant,
the successful completion by the officer of the scheme of study to which the application relates will enhance both the capacity of the Department to carry out its functions and the efficient and economical use of staff resources in the Parliamentary Service as a whole.
The Permanent Head shall not give an approval under sub-regulation (2) in respect of an application by an employee unless he considers that the scheme of study to which the application relates has direct relevance to the current duties of the employee or to the duties the employee might reasonably be required to perform in the future.
(1) Subject to this Division, an approved student who successfully completes a scheme of study, or a subject included in a scheme of study, in the prescribed period to which his approval relates is entitled to reimbursement of fees paid by him in respect of the scheme of study or subject—
(a) in the case of an institutionally assessed scheme of study or subject-on submission of satisfactory proof to the Permanent Head that the student has been assessed by the institution as having successfully completed the scheme of study or subject during the prescribed period to which his approval relates; or
(b) in the case of any other scheme of study or subject-on submission of sufficient information to satisfy the Permanent Head that the student has successfully completed the scheme of study or subject during the prescribed period to which his approval relates.
Subject to this Division, an approved student who does not successfully complete a scheme of study, or a subject included in a scheme of study, in the prescribed period to which his approval relates is entitled to reimbursement of fees paid by him in respect of the scheme of study or subject on submission of sufficient information to satisfy the Permanent Head that he did not successfully complete the scheme of study or subject during the prescribed period to which his approval relates because of—
(a) illness or injury; or
(b) the exigencies of the Parliamentary Service.
Where an approved student undertakes a scheme of study or a subject at a private institution the amount of reimbursement to which he is entitled under this Division shall not exceed the amount to which the Permanent Head considers he would have been entitled if the scheme of study or subject had been undertaken at a public institution.
Where an approved student is entitled to reimbursement of an amount of fees, the Permanent Head shall authorize payment of that amount to the student.
(1) Subject to sub-regulation (2), an officer is not entitled to reimbursement of fees under this Division until his appointment has been confirmed under section 47 of the Act.
Where—
(a) an officer would, but for the operation of sub-regulation (1), be entitled under this Division to reimbursement of fees; and
(b) the Parliamentary Head decides to annul the appointment of the officer under section 47 of the Act on the ground only that the Parliamentary Head is not satisfied as to his health,
the officer is entitled to reimbursement of those fees under this Division.
Where an approved student is entitled to reimbursement of fees under this Division and—
(a) all or part of those fees are reimbursable to the student by the Commonwealth independently of this Division; or
(b) moneys are payable to the student under an award or scholarship, other than an award or scholarship under which the only amounts payable are amounts payable by reference to matters other than fees,
the student is entitled only to reimbursement of the amount, if any, by which the fees paid by him exceed—
(c) the amount reimbursable under paragraph (a); or
(d) the amount payable under paragraph (b),
as the case may be.
(1) Where—
(a) an officer or employee is aggrieved by a decision of the Permanent Head refusing an approval under sub-regulation 70F (2); or
(b) an officer or employee, in respect of whom an approval has been given under sub-regulation 70F (2) to undertake a scheme of study, is aggrieved by a decision of the Permanent Head not to authorize the reimbursement of fees, or the full amount of fees in respect of the scheme of study, or a subject included in the scheme of study, to which the approval relates,
the officer or employee may, in writing, request the Permanent Head to refer the relevant decision to the Parliamentary Head for review.
A request under sub-regulation (1) shall be accompanied by a statement by the officer or employee setting out the reasons for his request.
The Permanent Head shall forward a request received by him under sub-regulation (1) to the Parliamentary Head, together with the acompanying statement referred to in sub-regulation (2) and a statement setting out his reasons for the decision to which the request relates.
The Parliamentary Head shall, on receipt of a request referred to in sub-regulation (3), review the decision to which the request relates and, for that purpose, shall have all the powers and functions of the Permanent Head in making decisions under this Division.
A decision by the Parliamentary Head on a review under sub-regulation (4) shall for all purposes, except for the purpose of a request for review made under sub-regulation (1), be deemed to be a decision of the Permanent Head.
(1) The Parliamentary Head may approve a person, group of persons or an establishment as an institution for the purposes of this Division.
The Parliamentary Head may determine a period exceeding 12 months to be the prescribed period in relation to a scheme of study.
(1) The Permanent Head may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Division, other than this power of delegation.
A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Permanent Head.
A delegation under this regulation does not prevent the exercise of a power by the Permanent Head.”.
“the previous Regulations” means the Public Service (Parliamentary Officers) Regulations as in force immediately before the commencement of these Regulations;
“the amended Regulations” means the Public Service (Parliamentary Officers) Regulations as in force on, or at any time after, the commencement of these Regulations.
(a) under regulation 70F of the previous Regulations an application by an officer to be approved as a student entitled to reimbursement of fees paid by him in a prescribed period in respect of a course of study, or short course of instruction, within the meaning of the previous Regulations, had been approved; and
(b) the Permanent Head or a person appointed by the Permanent Head considers that, had these Regulations not come into operation, an application by that officer under that regulation in relation to a later prescribed period in respect of that course or short course would have been approved,
on an application after the commencement of these Regulations by the officer to the Permanent Head or to the person appointed by the Permanent Head under paragraph (b), as the case may be, to be approved as a student entitled to reimbursement of fees paid by him in that later prescribed period in respect of that course or short course, the amended Regulations apply in relation to that application as if—
(c) regulations 70E to 70J (inclusive) of the previous Regulations had not been repealed and regulations 70E to 70J (inclusive), 70L and 70M of the amended Regulations had not come into operation;
(d) a reference in any provision of the amended Regulations, other than a provision referred to in paragraph (c), to a term appearing in regulation 70E, 70F, 70G, 70H, 70J, 70L or 70M of the amended Regulations were a reference to the corresponding term appearing in regulation 70E, 70F, 70G, 70H or 70J of the previous Regulations; and
(e) the application had been approved under regulation 70F of the previous Regulations.
1. Notified in the
Commonwealth of Australia Gazette on 31 December 1982.2. Statutory Rules 1941 No. 18, as amended by 1941 No. 309; 1942 No. 249; 1947 Nos. 13, 62, 154 and 165; 1951 Nos. 26, 27, 78 and 117; 1952 No. 54; 1953 Nos. 72 and 94; 1954 Nos. 86 and 120; 1955 No. 44; 1956 Nos. 56 and 57; 1957 No. 26; 1958 Nos. 19, 44 and 66; 1959 No. 61; 1960 Nos. 78 and 92; 1961 No. 98; 1962 No. 6; 1963 Nos. 3, 66, 83, 119 and 123; 1964 Nos. 41, 42, 80, 132, 148 and 160; 1965 Nos. 43, 53, 118, 150 and 181; 1966 Nos. 59, 60, 92, 122, 143 and 161; 1967 Nos. 38, 73, 95 and 156; 1968 Nos. 56, 84, 93, 116, 137 and 157; 1969 Nos. 75, 173 and 174; 1970 Nos. 27, 79, and 160; 1972 Nos. 41 and 85; 1973 Nos. 3, 167, 223 and 224; 1974 Nos. 10 and 183; 1975 No. 22; 1976 No. 2; 1978 No. 190; 1979 Nos. 178 and 297; 1980 Nos. 404 and 405; 1981 Nos. 65 and 159.
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