Public Service Regulations (Amendment) (Cth)
STATUTORY RULES
—————
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*
THE PUBLIC SERVICE BOARD, acting in
pursuance and exercise of the authority conferred upon it by the
Dated this twentieth day of January, 1970.
Chairman.
Commissioner.
Commissioner.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated this sixth day of February, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Housing for and on behalf of the Prime Minister.
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Amendments of the Public Service Regulations
“50b.—(1.) Sub-regulations (2.) to (6.) (inclusive) of this regulation do not apply to an officer in relation to a course of study unless the course of study is—
(
a ) a course of study upon the completion of which the officer is eligible for the reimbursement of fees under Division IIIA. of Part III.; or
* Notified In the
Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos, 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191,224, 284 and 310; 1942, Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943, Nos. 271, 272 and 301; 1944, Nos. 6, 132, 138 and 143; 1945, Nos. 15, 35, 115, 118 and 124; 1946, Nos. 22, 68, 120, 124 and 153; 1947, Nos, 1, 2, 122, 123, 134, 146, 147, 158 and 163; 1948, Nos. 32, 49, 68, 71, 97, 149; 157 and 158; 1949, Nos. 1, 81, 84 and 98; 1950, Nos. 73, 88, 99 and 100; 1951, Nos. 13, 33, 77 and 110; 1952, Nos. 9, 19, 51 and 94; 1953, Nos. 2, 20, 47, 51, 70 and 93; 1954, Nos. 12, 57, 94, 103 and 126; 1955, Nos. 43, 48 and 67; 1956, Nos. 48, 49, 50 and 133; 1957, Nos. 22 and 58; 1958, Nos. 37 and 57; 1959, Nos, 11, 16, 42, 68 and 99; 1960, Nos. 12, 18, 33, 73, 89 and 93; 1961Nos. 35, 68, 69, 83, 87, 99, 114, 116, 125, 136 and 147; 1962, Nos. 1, 21, 33, 39, 84 and 91; 1963, Nos. 4, 5, 20, 22, 33, 41, 42, 55, 59, 65, 81, 82, 86, 106, 108, 151, 152 and 153; 1964, Nos. 18, 40, 45, 46, 49, 53,72, 88, 96, 109, 110, 118, 120, 131, 140, 147, 150, 151 and 161; 1965, Nos. 4, 12, 19, 23, 30, 44, 48, 71, 75, 76, 149, 172 and 176; 1966,Nos. 1, 16, 17, 43, 71, 90, 91, 112, 120, 121, 123, 126, 130, 136, 160, 165, 166 and 183;1967 Nos. 1, 2, 7, 37, 57, 61, 69, 99, 141, 164 and 169; 1968, Nos. 6, 11, 12, 22, 47, 55, 66, 73, 170, 114, 115, 130, 134, 136, 138, 147, 148, 156, 165 and 166 and 1969, Nos. 12, 13, 16, 17, 25, 42, 56, 61, 62, 83, 86, 87, 88, 95, 115, 120, 121, 122, 123, 134, 141, 142, 146, 147, 160, 163, 166, 168, 175, 193 and 202.
24574/68—Price 10c 3/11.12.1969
(
b ) another course of study approved by the Board as a course of study for the purpose of this sub regulation.
“(2.) Subject to this regulation, the Chief Officer 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 Board 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 the last preceding sub-regulation is insufficient to enable the officer to attend those lectures or to perform that practical work, the Board may grant, in addition to the period of leave that may be granted by the Chief Officer to the officer under the last preceding sub-regulation, leave of absence with pay for that purpose for a period not exceeding three hours in any week.
“(4.) The Chief Officer 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 the preceding sub-regulations of this regulation 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 the last preceding sub-regulation 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 Chief Officer 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.) The preceding sub-regulations of this regulation apply to an employee who is performing the duties of an office determined by the Board to be an office to which this sub-regulation applies and is taking a course of study approved by the Board 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 Board as a course of study for the purpose of sub-regulation (1.) of this regulation.
“50c—(1.) In this regulation—
‘officer’ means an officer approved for the time being under regulation 100b of these Regulations 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 IIIA. of Part III.
“(2.) The Chief Officer 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.
“50ca.—(1.) In this regulation, ‘examination’ means—
(
a ) an examination relating to, or forming part of, the course of study or the short course of instruction of an officer who is eligible for the reimbursement of fees paid in respect of the course under Division IIIA. of Part III.;(
b ) an examination held by, or on behalf of, the Board under the Act; or(
c ) an examination approved by the Board for the purpose of this regulation.
“(2.) The Chief Officer may grant leave of absence with pay to an officer or employee for a period not exceeding the prescribed period in any twelve months for the purpose of enabling the officer or employee to attend at, or sit for, an examination.
“(3.) In the last preceding sub-regulation, ‘the prescribed period’, in relation to an officer or employee, means the period of his ordinary hours of duty during one week.
“(4.) Where the Chief Officer has granted or grants leave of absence to an officer or employee under sub-regulation (2.) of this regulation for the purpose of enabling the officer or employee to attend at, or sit for, an examination, the Chief Officer may, if he is satisfied that a period of leave of absence additional to the leave of absence so granted to the officer or employee is necessary to enable the officer or employee to attend at, and sit for, the examination, grant leave of absence to the officer or employee for that additional period.
“(5.) Leave of absence for the additional period referred to in the last preceding sub-regulation—
(
a ) in the case of an officer—may be granted—(i) if the officer is eligible for the grant of leave of absence under sub-regulation (1.) of regulation 50 of these Regulations—under that sub-regulation;
(ii) to the extent that the officer is not eligible for the grant of leave of absence under that sub-regulation—under sub-regulation (1.) of regulation 50aof these Regulations; and
(iii) to the extent that the officer is not eligible for the grant of leave of absence under sub-regulation (1.) of regulation 50, or under sub-regulation (1.) of regulation 50a, of these Regulations—without pay; or
(
b ) in the case of an employee—may be granted without pay.".
(
a ) by inserting in sub-regulation (1.), after the word “Division”, the words “,unless the contrary intention appears”;(
b ) by inserting before the definition of “course of study” in sub-regulation (1.) the following definition:—“‘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 Board; or
(
b ) a course of instruction approved by the Board as a course of instruction for the purpose of this definition;”; and(
c ) by adding at the end thereof the following sub-regulation:—
“(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 Board as a short course of instruction.”.
“100b.—(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 the last preceding sub-regulation.
“(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.”.
(
a ) by inserting in sub-regulation (l.), after the word “application”, the words “in respect of a course of study”; and(
b ) by adding at the end thereof the following sub-regulations:—“(3.) Subject to this Division, an officer whose application in respect of a short course of instruction under the last preceding regulation 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 ) of this sub-regulation.“(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.”.
“100f.—(1.) Where—
(
a ) the Permanent Head has not approved an application by an officer under regulation 100b of these Regulations;(
b ) an officer has not been reimbursed, under sub-regulation (1.) or( 3.), whichever is applicable, of regulation 100c of these Regulations, 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 100c of these Regulations 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 100c of these Regulations, 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 Board.
“(2.) Where a matter has been referred to the Board under the last preceding sub-regulation, the Board shall, if it 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 100c of these Regulations.”.
(2.) Where, before the date of commencement of these Regulations—
(
a ) the Permanent Head had refused to approve an application by an officer under regulation 1 00b of these Regulations;(
b ) an officer had been refused re-imbursement, under regulation (1.) of regulation 100c of these Regulations, the fees paid by him on the ground that his conduct, diligence or efficiency in the period referred to in paragraph (b ) of that sub-regulation had not been satisfactory; or(
c ) the Permanent Head had refused to authorize, under sub-regulation (2.) of regulation 100c of these Regulations, the re-imbursement to an officer of the fees paid by him,
and the officer had not, before that date, requested the Permanent Head in writing to refer the matter to the Board under regulation 100f of the Public Service Regulations as in force before that date, the officer may, on or after that date, request the Permanent Head, in writing, to refer the matter to the Board and, if he does so, regulation 100f of the Public Service Regulations as amended by these Regulations applies to and in relation to the request.
(3.) Regulation 100f of the Public Service Regulations as amended by these Regulations applies to and in relation to a request made by an officer before the date of commencement of these Regulations under regulation 100f of the Public Service Regulations as in force immediately before that date, being a request in respect of which the Board had not before that date, given a direction under sub-regulation (2.) of that last-mentioned regulation, as if it were a request made under that first-mentioned regulation.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
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