Public Service Regulations (Amendment) (Cth)

696

Statutory Rules

1977 No. 194

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this twenty-first day of October, 1977.

J. C. TAYLOR

Acting Chairman

R. J. YOUNG

Commissioner.

E. S. LIGHTLY

Deputy of a 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 twenty-seventh day of October, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

PETER NIXON

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

Amendments of the Public Service Regulations 

Salary for purposes of furlough.

1. Regulation 62 of the Public Service Regulations is amended—

(a) by omitting paragraph (ja) of sub-regulation (1);

(b) by omitting from paragraph (k) of sub-regulation (1) the words “ in the Second Schedule ” and substituting the words “ in Schedule 2 ”; and

* Notified in the Australian Government Gazette on 3 November 1977.

  Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulations see footnote   to Statutory Rules 1977, No. 9 and see also Statutory Rules 1977, Nos. 9, 12, 15, 57, 62, 74, 75, 94 and 119.

 

(c) by omitting from paragraph (1) of sub-regulation (1) the words “ in the Fourth Schedule ” and substituting the words “ in Schedule 4 ”.

Calculation of salary for duty on a holiday.

2. Regulation 63 of the Public Service Regulations is amended by omitting from sub-regulation (5) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

Recording and payment of overtime.

3. Regulation 67 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (6b) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”; and

(b) by omitting from paragraph (a) of sub-regulation (13) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

Travelling time.

4. Regulation 69 of the Public Service Regulations is amended by omitting the figures “ $7,002,00 ” and substituting the figures “ $11,793 ”.

Sunday duty.

5. Regulation 70 of the Public Service Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (5) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”; and

(b) by omitting from sub-regulation (5a) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

Travelling allowance.

6. Regulation 75a of the Public Service Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (6) In this regulation, ‘ officer ’ includes an employee.”.

Reimbursement of fares upon change of location of branch, &c.

7. Regulation 79c of the Public Service Regulations is amended by omitting from paragraph (a) of sub-regulation (2) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

8. After regulation 79d of the Public Service Regulations the following regulation is inserted:—

Clayton allowance.

“ 79e. (1) Subject to sub-regulation (3), a person who was, on 10 January 1974, an officer whose head-quarters was one of the offices of the Australian Post Office Research Laboratories situated in the City of Melbourne in the State of Victoria (in this regulation referred to as ‘ the Melbourne office ’) shall be paid an allowance, called ‘ Clayton allowance ’, in respect of each day after those Laboratories were transferred to Clayton in that State, being a day on which—

(a) he was an officer whose head-quarters was the office of those Laboratories at Clayton (in this regulation referred to as ‘ the Clayton office ’); and

(b) he performed duties in the Clayton office.

“ (2) Subject to sub-regulation (4), the amount of Clayton allowance payable to a person in respect of a day is the sum of—

(a) the relevant amount; and

(b) the amount calculated to the nearest cent in accordance with the formula—

where—

A is the amount of salary paid to the person in respect of the day; and

C is the number of minutes comprising the average excess travel time of the person.

“ (3) Clayton allowance is not payable to a person referred to in sub-regulation (1)—

(a) in respect of a day other than a day included in the period of 6 months commencing on the day on which the Clayton office first became his head-quarters;

(b) whose average excess travel time is less than 30 minutes;

(c) in respect of a day included in a fortnight in respect of which he has been paid an allowance under sub-regulation 79c (1) where an amount equal to one-tenth of that last-mentioned allowance equals or exceeds the amount of Clayton allowance that would, but for this sub-regulation and sub-regulation (4), be payable to him in respect of that day;

(d) in respect of a day where he has been paid an allowance under sub-regulation 90 (4) in respect of transporting himself to or from the Clayton office on that day; or

(e) where the period ascertained in relation to that person for the purposes of paragraph (a) of the definition of ‘ average excess travel time ’ in sub-regulation (5) is less than 40 minutes.

“ (4) Where Clayton allowance is payable to a person in respect of a day and that day is included in a fortnight in respect of which that person has been paid an allowance under sub-regulation 79c (1), the amount of Clayton allowance that would, but for this sub-regulation, be payable to the person in respect of that day shall be reduced by an amount equal to one-tenth of the allowance paid under that sub-regulation in respect of that fortnight.

“ (5) In this regulation—

‘ average excess travel time ’, in relation to a person referred to in sub-regulation (1), means the number of minutes by which the number of minutes, calculated to the nearest whole minute, in the sum of the periods provided for travel by the most convenient method of scheduled public transport, during the period of 6 months commencing on the day on which the Clayton office became his headquarters, on a working day between his usual place of residence during that period of 6 months and the Clayton office and between the Clayton office and that place of residence at the times at which he usually travelled between those places exceeds the number of minutes, calculated to the nearest whole minute, in the sum of the periods provided for travel by the most convenient method of scheduled public transport on a working day between his place of residence immediately before the Melbourne office ceased to be his

head-quarters and the Melbourne office and between the Melbourne office and that last-mentioned place of residence at the times at which he usually travelled between the last-mentioned place of residence and the Melbourne office;

‘ officer ’ includes an employee;

‘ relevant amount ’, in respect of a day, means the amount by which the amount to be taken, for the purposes of sub-regulation 79c (3) as in force on that day, to be the fares paid by the person in transporting himself to and from the Clayton office on that day exceeds the amount to be taken, for the purposes of that sub-regulation as in force on the last day on which he transported himself to or from the Melbourne office before that last-mentioned office ceased to be his head-quarters, to be the fares paid by him in so transporting himself to and from the Melbourne office on the last-mentioned day.

“ (6) For the purposes of the definition of ‘ relevant amount ’ in sub-regulation (5), a person referred to in sub-regulation (1) shall be deemed, in respect of any day, to have been a person to whom an allowance under sub-regulation 79c (1) as in force on that day was payable and to have transported himself to or from the Melbourne office, or to or from the Clayton office, as the case requires, by the most convenient method of scheduled public transport.

Higher duties allowance.

9. Regulation 87 of the Public Service Regulations is amended by omitting from sub-regulation (3) the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

Allowance— Sunday or holiday duty.

10. Regulation 99 of the Public Service Regulations is amended by omitting the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

Prescribed rate of salary for purpose of sub-section 50 (1a) of the Act.

11. Regulation 109ca of the Public Service Regulations is amended by omitting the words “ the third column of Part II of the First Schedule ” and substituting the words “ Column 3 of Part II of Schedule 1 ”.

Conditions of transfer or promotion from Fourth Division to Third Division.

12. Regulation 112 of the Public Service Regulations is amended by omitting from sub-paragraph (iii) of paragraph (b) of sub-regulation (2) the words “, or in Part V of the First Schedule to,”.

Further amendments of the Public Service Regulations.

13. The Public Service Regulations are amended as set out in the Schedule.

SCHEDULE Regulation 13.

Provision	Amendment
Sub-regulation 3 (1)..........	Omit the definition of “ the Act ”, substitute:— “ ‘ the Act ’ means the Public Service Act 1922;”.
Omit the definition of “ the Service ”.
Sub-regulation 62 (1)........	Omit from paragraph (n) “ twelve ”, substitute “ 12 ”.
Sub-regulation 62 (3)........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
Sub-regulation 63 (1)........	Omit “ (6) of section 76 ”, substitute “ 76 (6) ”.
Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (2) ”.
Sub-regulation 63 (6)........	Omit “ of these Regulations ”.
Sub-regulation 67 (1)........	Omit “ Arbitration (Public Service) Act 1920-1934 ”, substitute “ Public Service Arbitration Act 1920 ”.
Sub-regulation 67 (3)........	Omit “ two ”, substitute “2 ”.
Sub-regulation 67 (6)........	Omit “ of this regulation ”.
Sub-regulation 67 (6a)......	Omit “ two ”, substitute “ 2 ”.
Sub-regulation 67 (6e)......	Omit “ of this regulation ”.
Sub-regulation 67 (10)......	Omit “ eight ” (wherever occurring), substitute “ 8 ”.
Sub-regulation 67 (10a)....	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (10) ”.
Omit from paragraph (a) “ of these Regulations”.
Sub-regulation 67 (10b)....	Omit “ of this regulation ” (wherever occurring).
Sub-regulation 67 (13)......	Omit “ of this regulation ”.
Sub-regulation 70 (2)........	Omit “ six ”, substitute “ 6”.
Sub-regulation 70 (6)........	Omit from paragraph (a) “ Scheduled ”, substitute “ scheduled ”.
Omit from paragraph (a) “ same day.”, substitute “ same day;”.
Omit from paragraph (b) “ Scheduled ”, substitute “ scheduled ”.
Omit from paragraph (b) “ same day.”, substitute “same day;”.
Omit from paragraph (c) “ Subject to the provisions of ”, substitute “ subject to paragraphs ”.
Sub-regulation 70 (7)........	Omit “ three ”, substitute “ 3 ”.
Sub-regulation 75a (1a)....	Omit from paragraph (a) “ or employee ” (wherever occurring).
Omit from paragraph (b) “ of these Regulations ”.
Sub-regulation 75a (3)......	Omit “ or employee ” (wherever occurring).
Omit “ twenty-one ”, substitute “ 21 ”.
Sub-regulation 79c (1)......	Omit “ Public Service ”, substitute “ Service ”.
Omit “ Fifty cents ”, substitute “ 50 cents ”.
Sub-regulation 79c (2)......	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Omit from paragraph (b) “ Public Service ”, substitute “ Service ”.
Sub-regulation 79c (3)......	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (4) ”.
Omit from sub-paragraph (i) of paragraph (b) “ the last preceding paragraph ”, substitute “ paragraph (a) ”.
Omit from paragraph (b) “ (4) of regulation 90 of these Regulations ”, substitute “ 90 (4) ”.

SCHEDULE—continued

Provision	Amendment
Sub-regulation 79c (3)— continued	Omit from paragraph (b) “ (2) of that regulation ”, substitute “ 90 (2) ”.
Omit from sub-paragraph (ii) of paragraph (c) “ (4) of regulation 90 of these Regulations ”, substitute “ 90 (4) ”.
Omit from sub-paragraph (ii) of paragraph (c) “ (2) of that regulation ”, substitute “ 90 (2) ”,
Omit from sub-paragraph (ii) of paragraph (c) “ four ”, substitute “ 4 ”.
Sub-regulation 79c (4)......	Omit from paragraph (b) “ (4) of regulation 90 of these Regulations ”, substitute “ 90 (4) ”.
Sub-regulation 79c (5)......	Omit “ of this regulation ”.
Omit “ Public Service ”, substitute “ Service ”.
Sub-regulation 79c (6)......	Omit from paragraph (c) “ three ”, substitute “ 3 ”.
Sub-regulation 79c (7)......	Omit from paragraph (a) “ (a) of sub-regulation (6) of this regulation ”, substitute “ (6) (a) ”.
Omit from paragraph (a) “ Public Service ”, substitute “ Service ”.
Omit from paragraph (b) “ (c) of sub-regulation (6) of this regulation ”, substitute “ (6) (c) ”.
Sub-regulation 79c (8)......	Omit from paragraph (a) “ Public Service ” (wherever occurring), substitute “ Service ”.
Omit from paragraph (e) “ two ”, substitute “ 2 ”.
Sub-regulation 87 (1)........	Omit “ (1) of regulation 116 of these Regulations ”, substitute “ 116 (1) ”.
Sub-regulation 87 (4)........	Omit from paragraph (a) “ twenty-two”, substitute “ 22 ”.
Sub-regulation 87 (6)........	Omit “ twelve ” (wherever occurring), substitute “ 12 ”.
Sub-regulation 87 (7)........	Omit “ twelve ” (wherever occurring), substitute “ 12 ”.
Omit from paragraph (a) “ twenty-four ”, substitute “24 ”.
Sub-regulation 87 (8)........	Omit “ the last two preceding sub-regulations ”, substitute “ sub-regulations (6) and (7) ”.
Sub-regulation 87 (9)........	Omit “ (b) of sub-regulation (7) of this regulation ”, substitute “ (7) (b) ”.
Omit “ twelve ”, substitute “ 12 ”.
Sub-regulation 87 (10)......	Omit from paragraph (a) “of these Regulations” (wherever occurring).
Omit from sub-paragraph (iv) of paragraph (a) “ six days in any twelve ”, substitute “ 6 days in any 12 ”.
Omit from sub-paragraph (ix) of paragraph (a) “ the next succeeding sub-regulation ”, substitute “ sub-regulation (11) ”.
Omit from sub-paragraph (x) of paragraph (a) “ six days in any twelve ”, substitute “ 6 days in any 12 ”.
Omit from paragraph (b) “ (2) or (3) of regulation 62 of these Regulations ”, substitute “ 62 (2) or 62 (3) ”.
Sub-regulation 87 (11)......	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (10) ”.
Omit “ two ” (wherever occurring), substitute “ 2 ”.
Omit “twelve ” (wherever occurring), substitute “ 12 ”.
Omit from paragraph (b) “ four ”, substitute “ 4 ”.
Sub-regulation 87 (12)......	Omit “ (4) or (5) of section 29 ”, substitute “ 29 (4) or (5) ”.

SCHEDULE—continued

Provision	Amendment
Sub-regulation 87 (14)......	Omit “ of this regulation ”.
Sub-regulation 87 (16)......	Omit “ of these Regulations ”.
Sub-regulation 87 (19)......	Omit “ (1) of regulation 94a of these Regulations ”, substitute “ 94a (1) ”.
Sub-regulation 87 (20)......	Omit “ (1) of regulation 94a of these Regulations ”, substitute “ 94a (1) ”.
Sub-regulation 87 (21)......	Omit “ (1) of regulation 94a of these Regulations ” (wherever occurring), substitute “ 94a (1) ”.
Sub-regulation 87 (26)......	Omit.
Sub-regulation 97c (7)......	Omit “ supply ”, substitute “ supply ”.
Regulation 99....................	Omit “ of these Regulations ”.
Regulation 109ca.............	Omit “ (a) of sub-section (1a) of section 50 ”, substitute “ 50 (1a) (a) ”.
Sub-regulation 112(1aa)...	Omit “ (c) and (e) of sub-regulation (1) ”, substitute “ (1) (c) and (e) ”.
Sub-regulation 112 (1a)....	Omit from paragraph (a) “ the first column ”, substitute “ Column 1 ”.
Omit from paragraph (b) “ the second column ”, substitute “ Column 2 ”.
Omit from paragraph (b) “ the first column ”, substitute “ Column 1 ”.
Omit from the table “ First column ”, substitute “ Column 1 ”.
Omit from the table “ Second column ”, substitute “ Column 2 ”.
Sub-regulation 112 (1b)....	Omit “ paragraph ” (wherever occurring), substitute “ paragraph (1) ”.
Omit “ of sub-regulation (1) ” (first and second occurring).
Omit “, of sub-regulation (1) ”.
Sub-regulation 112 (1c)....	Omit “ paragraph ” (first, second, fourth and fifth occurring), substitute “ paragraph (1) ”.
Omit “ of sub-regulation (1) ” (wherever occurring).
Omit “ of that sub-regulation ”.
Sub-regulation 112 (1h)....	Omit “ of this regulation ” (wherever occurring).
Omit “ (b), (ba) and (bc) of sub-regulation (1) ”, substitute “ (1) (b), (ba) and (bc) ”.
Sub-regulation 112 (2)......	Omit from paragraph (a) “ twelve ”, substitute “ 12 ”.
Sub-regulation 112 (3)......	Omit “ sub-paragraph (i), (ii) and (iii) of paragraph (b) of the last preceding sub-regulation ”, substitute “ sub-paragraphs (2) (b) (i), (ii) and (iii) ”.