Public Service Regulations (Amendment) (Cth)

STATUTORY RULES

1968 No. 156

 

REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1968.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968, hereby makes, subject to the approval of the Governor-General, the following Regulation.

Dated this third day of December, 1968.

F. H. WHEELER

Chairman.

A. B. McFARLANE

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 Regulation.

Dated this thirteenth day of December, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

J. G. GORTON

Prime Minister.

 

Amendment of the Public Service Regulations 

After regulation 89 of the Public Service Regulations the following regulation is inserted:—

Loss or damage to clothing or personal effects.

“89aa.—(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 is 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 Board, or, in a case where the Chief Officer has given the direction, as the Chief Officer, 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

 

* Notified in the Commonwealth Gazette on 19 December 1968.

  Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations, see footnote   to Statutory Rules 1968, No. 11 and see also Statutory Rules 1968, Nos. 6, 11, 12, 22, 47, 55, 66, 73, 107, 114, 115, 130, 133, 134, 136, 138, 147 and 148.

26018/68—Price 5c

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

the Board, or, if the amount claimed by the officer or employee does not exceed Twenty dollars, the Chief Officer 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 paragraphs (a), (b) or (c) of the last preceding sub-regulation, the Board may, if, in its 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 either of the last two preceding sub-regulations 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 Board shall not give a direction under sub-regulation (3.) of this regulation—

(a) unless the Board 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 the 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.”.

 

Printed for the Government of the Commonwealth by W. G. Murray at the

Government Printing Office, Canberra