Public Service Regulations (Amendment) (Cth)
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*
THE PUBLIC
SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon
it by the
Dated this thirteenth day of November 1977.
K. SHANN
Chairman
J. C. TAYLOR
Commissioner
R. J. YOUNG
Commissioner
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated this ninth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
A. A. STALEY
Minister of State for the Capital Territory for and on behalf of the Prime Minister
AMENDMENT OF THE PUBLIC SERVICE REGULATIONS
*
Notified in the
Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the
Public Service Regulations
“ 97e. (1) In this regulation, unless the contrary intention appears—
‘ child ’, in relation to a prescribed officer, means a person who—
(a) is a child (including an adopted child, an ex-nuptial child, a foster child, a step child or a ward) of the prescribed officer or of the spouse of the prescribed officer; and
(b) is wholly or substantially dependent upon the prescribed officer;
‘ date of transfer ’, in relation to a prescribed officer, means—
(a) the date on which the prescribed officer commenced duty in the locality to which he has been transferred;
(b) such earlier date as the Board declares under sub-regulation (3) to be the date of transfer of the prescribed officer for the purposes of this regulation; or
(c) in the case of an officer in respect of whom the Board has made a declaration under sub-regulation (4) in respect of a proposed transfer that was cancelled—the date specified in that declaration as the date on which the officer is to be regarded, for the purposes of the application of this regulation to the officer, as having commenced duty in the locality to which the proposed transfer related;
‘ eligible child ’, in relation to a prescribed officer, means—
(a) a child of the prescribed officer, being a child who—
(i) on the date of transfer of the prescribed officer had not attained the age of 20 years;
(ii) on that date was undertaking, or proposed to undertake, as a full-time student at a secondary school the final year of a course of secondary education;
(iii) is undertaking as a full-time student at a secondary school the final year of that course; and
(iv) is not enrolled or eligible for enrolment for a course of study at a university, being a course of study for a degree or diploma;
(b) a child of the prescribed officer, being a child who—
(i) on the date of transfer of the prescribed officer had not attained the age of 19 years;
(ii) on that date was undertaking, or proposed to undertake, as a full-time student at a secondary school the second last year of a course of secondary education;
(iii) is undertaking as a full-time student at a secondary school the second last year or final year of that course; and
(iv) is not enrolled or eligible for enrolment for a course of study at a university, being a course of study for a degree or diploma; or
(c) a child of the prescribed officer, being a child—
(i) who, on the date of transfer of the prescribed officer, was undertaking, or proposed to undertake, as a full-time student at a secondary school a course of secondary education;
(ii) who is undertaking as a full-time student at a secondary school that course of secondary education; and
(iii) in respect of whom there is in force a declaration by the Board that the child is to be treated as an eligible child of the prescribed officer for the purposes of this regulation;
‘ officer ’ includes employee;
‘ prescribed officer ’ means—
(a) an officer who, having been transferred from one locality to another locality, has had, or is entitled to have, the cost of conveyance in respect of himself and the members of his household paid by the Commonwealth; or
(b) an officer who is declared by the Board under sub-regulation (4) to be a prescribed officer for the purposes of the application of this regulation to the officer in respect of a proposed transfer that was cancelled;
‘ secondary school ’ means—
(a) a secondary school within the meaning of section 5 of the
Student Assistance Act 1973; or(b) a school, other than a secondary school referred to in paragraph (a), in respect of which there is in force a declaration by the Board that the school is to be treated as a secondary school for the purposes of this regulation;
‘ year ’ means the year commencing on 1 January 1977 or a subsequent year.
“ (2) Where—
(a) as a result of his transfer from one locality to another, a prescribed officer has taken up residence in, and has transferred his household to, the locality to which he has been transferred;
(b) an eligible child of the prescribed officer, being a child who resided with the prescribed officer immediately before the prescribed officer was notified of his proposed transfer, has not taken up residence with the prescribed officer in that locality;
(c) the eligible child has continued to undertake, or proposes to continue to undertake, his course of secondary education—
(i) at the secondary school at which he was enrolled, or proposed to enrol, immediately before the prescribed officer was notified of his proposed transfer; or
(ii) at a secondary school approved by the Board in relation to the eligible child for the purposes of this sub-regulation; and
(d) it would, in the opinion of the Board, be impracticable, if the eligible child were to reside with the prescribed officer in the locality to which the prescribed officer has been transferred, for the eligible child to continue his studies in his course of secondary education at the secondary school referred to in whichever of sub-paragraphs (c) (i) and (ii) is applicable in relation to the eligible child,
boarding allowance is payable, subject to and in accordance with this regulation, to the prescribed officer in respect of that eligible child.
“ (3) Where—
(a) an eligible child of a prescribed officer, being an eligible child in respect of whom boarding allowance is payable under this regulation, commenced—
(i) to board and reside at a school or boarding establishment of a kind referred to in paragraph (7) (a) or (b); or
(ii) to board and reside, or reside, at a place of a kind referred to in paragraph (7) (c),
on a date earlier than the date on which the prescribed officer commenced duty in the locality to which he has been transferred; and
(b) the Board is of the opinion that the welfare or scholastic progress of the eligible child would have been seriously prejudiced if the eligible child had not commenced to board and reside at such a school, boarding establishment or other place, or to reside at such another place, before the date on which the prescribed officer so commenced duty,
the Board may, for the purposes of the application of this regulation in respect of that child, declare—
(c) the date on which the eligible child commenced to board and reside at that school, boarding establishment or other place, or to reside at that other place, referred to in paragraph (a); or
(d) if the Board is of the opinion that the eligible child could, without serious prejudice to his welfare or scholastic progress, have commenced so to board and reside, or so to reside, on another date, being a date later than the date referred to in paragraph (c) and earlier than the date on which the prescribed officer commenced duty in the locality to which he has been transferred—that other date,
to be the date of transfer of that prescribed officer for the purposes of this regulation.
“ (4) Where—
(a) an officer was notified that it was proposed to transfer him from one locality to another locality;
(b) the transfer of that officer was cancelled before he commenced duty in that other locality;
(c) the officer would, if he had been transferred to that other locality, have been an officer referred to in paragraph (a) of the definition of ‘prescribed officer’;
(d) after the date on which the officer was notified of his proposed transfer and before the date on which the officer was notified that his transfer was cancelled, a child of the officer commenced—
(i) to board and reside at a school or boarding establishment of a kind referred to in paragraph (7) (a) or (b); or
(ii) to board and reside, or reside, at a place of a kind referred to in paragraph (7) (c); and
(e) the Board is of the opinion that, if the transfer of the officer had not been cancelled and the officer had commenced duty in that other locality—
(i) boarding allowance would have been payable under this regulation to the officer in respect of that child; and
(ii) the Board would, for the purposes of the application of this regulation in respect of that child, have made a declaration under sub-regulation (3),
the Board may declare—
(f) the officer to be a prescribed officer for the purposes of this regulation; and
(g) that, for the purposes of the application of this regulation in respect of that child, the officer shall be regarded as having been transferred to the locality to which the proposed transfer related and as having commenced duty in that locality on—
(i) the date on which the child commenced to board and reside at that school, boarding establishment or other place, or to reside at that other place, referred to in paragraph (d); or
(ii) if the Board is of the opinion that, in the event that the transfer of the officer had not been cancelled, the child could, without serious prejudice to his welfare or scholastic progress, have commenced so to board and reside, or so to reside, on another date, being a date later than the date referred to in sub-paragraph (i) and earlier than the date on which the officer was notified that his proposed transfer was cancelled—that other date.
“ (5) Where the Board makes a declaration under sub-regulation (4) in relation to the proposed transfer of an officer that was cancelled, boarding allowance is payable, subject to and in accordance with this regulation, to the officer in respect of the child referred to in the declaration.
“ (6) Boarding allowance is not payable in any year to a prescribed officer in respect of an eligible child (being a child referred to in paragraph (b) of the definition of ‘eligible child’) if the prescribed officer, in the year in which he commenced duty in the locality to which he has been transferred, so commenced duty before 1 March.
“ (7) The amount of boarding allowance payable in a year to a prescribed officer in respect of an eligible child is—
(a) where the eligible child boards and resides at the secondary school at which he is undertaking his course of secondary education—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the prescribed officer in the year in respect of the provision for the eligible child of board and residence at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period preceding the date of transfer of the prescribed officer or during which the secondary school is in vacation);
B is the number of weeks (not including any week, or part of a week, preceding the date of transfer of the prescribed officer or during which the secondary school is in vacation) in the year during which the eligible child boards and resides at the secondary school; and
C is the number of weeks in the year during which tuition is given to secondary students at the secondary school;
(b) where the eligible child boards and resides at a guesthouse, hostel or other boarding establishment—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the prescribed officer in the year in respect of the provision for the eligible child of board and residence at the guest-house, hostel or other establishment (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period preceding the date of transfer
of the prescribed officer or during which the secondary school at which the eligible child is enrolled is in vacation);
B is the number of weeks (not including any week, or part of a week, preceding the date of transfer of the prescribed officer or during which the secondary school at which the eligible child is enrolled is in vacation) in the year during which the eligible child boards and resides at the guest-house, hostel or other establishment; and
C is the number of weeks in the year during which tuition is given to secondary students at the school at which the eligible child is enrolled;
(c) where the eligible child boards and resides, or resides, at a place other than a school or boarding establishment of a kind referred to in paragraph (a) or (b)—so much of the sum of the fees and compulsory charges (if any) levied on, or incurred by, the prescribed officer in the year in respect of the provision for the eligible child of board and residence, or residence, at that place as does not exceed the amount in dollars calculated in accordance with the formula—
where—
B is the number of weeks (not including any week, or part of a week, preceding the date of transfer of the prescribed officer or during which the secondary school at which the eligible child is enrolled is in vacation) in the year during which the eligible child boards and resides, or resides, at the place; and
C is the number of weeks in the year during which tuition is given to secondary students at the school at which the eligible child is enrolled.
“ (8) Where—
(a) in a year a prescribed officer is entitled to boarding allowance in respect of an eligible child, being an eligible child who boards and resides at the secondary school at which he is undertaking his course of secondary education; and
(b) that secondary school is a school other than the secondary school at which the eligible child was enrolled, or proposed to enrol, immediately before the prescribed officer was notified of his proposed transfer,
there is payable to the prescribed officer in that year, in addition to boarding allowance calculated in accordance with paragraph (7) (a), a tuition allowance of an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the prescribed officer in the year in respect of the provision of tuition for the eligible child at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of tuition provided before the date of transfer of the prescribed officer);
B is the number of weeks (not including any week, or part of a week, preceding the date of transfer of the prescribed officer) in the year during which the eligible child receives tuition at the secondary school; and
C is the number of weeks in the year during which tuition is given to secondary students at the secondary school.
“ (9) Where—
(a) sub-regulation (2) applies to a prescribed officer in respect of an eligible child;
(b) the prescribed officer, subsequent to having taken up residence in the locality to which he was transferred—
(i) takes up residence in another locality; or
(ii) transfers his household to another locality; and
(c) it would not, in the opinion of the Board, be impracticable, if the eligible child were to reside with the prescribed officer in, or in the household of the prescribed officer at, the last-mentioned locality, for the eligible child to continue his studies in his course of secondary education at the secondary school at which the eligible child is enrolled,
the child shall, for the purposes of the application of this regulation to the prescribed officer in relation to the transfer of the officer to the first-mentioned locality, be deemed to cease to be an eligible child—
(d) on the date on which the prescribed officer so takes up residence in, or transfers his household to, the locality referred to in paragraph (c); or
(e) on such later date as the Board may determine in relation to that child, not being a date later than the day next following the end of the school term that, on the date referred to in paragraph (d), is the current term at the school at which the child is enrolled.
“ (10) Where sub-regulation (5) applies to a prescribed officer in respect of an eligible child, the child shall, for the purposes of the application of this regulation to the prescribed officer in relation to the proposed transfer in respect of which sub-regulation (5) so applies to the prescribed officer, be deemed to have ceased, or to cease, as the case may be, to be an eligible child—
(a) on the date on which the officer was notified that his proposed transfer had been cancelled; or
(b) on such later date as the Board may determine in relation to that child, not being a date later than the day next following the end of the school term that, on the date referred to in paragraph (a), was, or is, the current term at the school at which the child was, or is, enrolled.
“ (11) Where, in any year, a child of the kind referred to in paragraph (a) or (b) of the definition of ‘ eligible child ’ in sub-regulation (1) repeats a year of his course of secondary education that he has previously undertaken, the child shall, for the purposes of this regulation, be deemed not to be an eligible child during that year unless the Board is of the opinion, having regard to the circumstances that have necessitated the repetition of that year of his course by the child, that it would be unjust so to deem that child not to be an eligible child in that year.
“ (12) Subject to sub-regulation (13), boarding allowance or tuition allowance payable to a prescribed officer under this regulation shall be paid by such instalments and on such dates as the Board determines in relation to the prescribed officer.
“ (13) The total amount of instalments of boarding allowance or tuition allowance that have been paid to a prescribed officer in respect of an eligible child shall not at any time exceed the total amount of that allowance to which the prescribed officer would be entitled in respect of that eligible child if the child ceased at that time to be an eligible child.
“ (14) For the purposes of sub-paragraph (c) (iii) of the definition of ‘ eligible child ’ in sub-regulation (1), the Board shall not declare that a child of a prescribed officer is to be treated as an eligible child of the prescribed officer for the purposes of this regulation unless the Board is of the opinion that there is no secondary school in the locality to which the prescribed officer has been transferred to which the child could be transferred without serious prejudice to the welfare or scholastic progress of the child.
“ (15) For the purposes of sub-paragraph (2) (c) (ii), the Board shall not, in relation to an eligible child of a prescribed officer, approve a secondary school unless the Board is of the opinion that it would be substantially more beneficial to the eligible child for him to continue his studies in his course of secondary education at that school than at the secondary school at which he was enrolled, or proposed to enrol, immediately before the prescribed officer was notified of his proposed transfer.
“ (16) For the purposes of paragraph (9) (e) or (10) (b), the Board shall not make a determination in relation to a child of a prescribed officer unless the Board—
(a) is of the opinion that the scholastic progress of the child would have been, or would be, seriously prejudiced if the child had not continued, or did not continue, to board and reside at the school, boarding establishment or other place at which he was boarding and residing on the date referred to in paragraph (9) (d) or (10) (a), as the case may be, or to reside at the place (being a place other than a school or boarding establishment) at which he was residing on that date; or
(b) is satisfied that, if the child had ceased, or did cease, to board and reside at that school, boarding establishment or other place, or to reside at that place, on the date referred to in paragraph (9) (d) or (10) (a), as the case may be, any part of the fees and compulsory charges (if any) levied on, or incurred by, the prescribed officer in respect of the provision for the eligible child of board and residence, or residence, that relates to a period immediately following that date, would not be remittable to the prescribed officer.”.
(2) Where a power under regulation 97e of the Public Service Regulations as inserted by these Regulations was, by virtue of sub-regulation (1), exercisable by the Board in relation to the transfer or proposed transfer of an officer at any time before the making of these Regulations, that power may be exercised in relation to that transfer or proposed transfer after the making of these Regulations as if it were being exercised by the Board at that first-mentioned time.
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