Public Service Regulations (Amendment) (Cth)

STATUTORY RULES

1968 No. 12

 

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1967.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1967, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this third day of January, 1968.

F. H. WHEELER

Chairman.

K. E. GRAINGER

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 eighth day of February, 1968.

CASEY

Governor-General.

By His Excellency's Command,

B. M. SNEDDEN

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

 

Amendments of the Public Service Regulations 

Parts.

1. Regulation 2 of the Public Service Regulations is amended by inserting after the words—

“Division VI.—Broken Hill Allowance (Regulation 103b).” the words—

“Division VII.—Papua and New Guinea Allowance (Regulations 103c-103e)”.

Interpretation.

2. Regulation 3 of the Public Service Regulations is amended by omitting from the definition of “Inspector” in sub-regulation (1.) the words “Public Service Inspector” and inserting in their stead the words “Commonwealth Public Service Inspector”.

Prescribed defence purposes for the purposes of section 72 (1.) (a).

3. Regulation 51 of the Public Service Regulations is amended—

(a) by inserting after paragraph (b)of sub-regulation (1.) the following paragraph:—

“(ba) continuous full time service as a member of the Naval Forces, the Military Forces or the Air Force for a period not exceeding three years for which an officer or employee has volunteered;”; and

 

* Notified in the Commonwealth Gazette on 15 February 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, No. 11.

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(b) by inserting after sub-regulation (1.) the following sub-regulations:—

“(1a.) Where an officer or employee referred to in paragraph (ba) of the last preceding sub-regulation is, by virtue of section 10a, section 39 or section 50b of the Defence Act 1903-1966, section 9, section 28 or section 32a of the Naval Defence Act 1910-1966 or section 4g, section 4h or section 4j of the Air Force Act 1923-1965, required, at the conclusion of the period of service for which he has volunteered to serve, to render additional service, that additional service is a prescribed service for the purposes of paragraph (a)of sub-section (1.) of section 72 of the Act.

“(1b.) Where an officer or employee who is a member of the Naval Forces is not required to perform annual training as a member of the Naval Forces but is required to undergo, at intervals of not less than two years, training for a continuous period of not less than twenty-eight days, including Saturdays and Sundays, that training is a prescribed service for the purposes of paragraph (a) of sub-section (1.) of section 72 of the Act.”.

4. After regulation 51a of the Public Service Regulations the following regulation is inserted:—

Conditions on which leave of absence is granted for other fulltime service.

“51aa. Leave of absence to enable an officer or employee to engage in the service specified in paragraph (ba) of sub-regulation (1.) of regulation 51 of these Regulations or sub-regulation (1a.) of that regulation—

(a) shall be without pay; and

(b) shall not be granted to an employee beyond the date on which he would, if he had not been granted leave of absence, have ceased duty as an employee.”.

Periods of leave for training, attendance at schools, &c.

5. Regulation 51b of the Public Service Regulations is amended by inserting after sub-regulation (3.) the following sub-regulations:—

“(4.) Subject to this regulation, where an officer or employee who is a member of the Military Forces is required to engage in a continuous period of not less than thirty-three days training in a year, including Saturdays and Sundays, the officer or employee shall be granted, in lieu of the periods of leave of absence referred to in the preceding provisions of this regulation, leave of absence during that period to engage in that training.

“(4a.) Subject to this regulation, an officer or employee who is a member of the Naval Forces and who is required to engage in the service referred to in sub-regulation (1b.) of regulation 51 of these Regulations shall be granted leave of absence during that period of service but that leave shall not exceed twenty-eight days.”.

Certificate of engaging in Defence Service.

6. Regulation 51d of the Public Service Regulations is amended by omitting the words “paragraph (c) or (d) of sub-regulation (1.)” and inserting in their stead the words “paragraph (ba),(c) or (d)of sub-regulation (1.), sub-regulation (1a.) or sub-regulation (1b.)”.

7. Regulation 51e of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

Pay.

“51e.—(1.) Leave of absence granted to an officer or employee to engage in a service specified in paragraph (c) or paragraph (d)of sub-regulation (1.) of regulation 51 of these Regulations for a period or periods not exceeding, in any one year, the total of the several periods specified in sub-regulations (1.), (2.) and (3.) of regulation 51b of these Regulations shall be granted on full salary.

 

“(2.) Leave of absence granted to an officer or employee referred to in sub-regulation (4.) of regulation 51b of these Regulations shall be granted, in respect of eighteen days of that leave, on full salary and in respect of the remainder of that leave without salary unless, during any part of the period of that leave, the officer or employee engages in service of a kind referred to in paragraph (d) of sub-regulation (1.) of regulation 51 of these Regulations in which case the period during which the officer or employee engages in that service shall also be granted on full salary.

“(3.) Leave of absence not exceeding twenty-eight days granted to an officer or employee referred to in sub-regulation (4a.) of regulation 51b of these Regulations shall be granted on full salary.

“(4.) For the purpose of this regulation, 'salary' includes an allowance specified in paragraph (c), (d), (e), (f), (g), (h), (i), (j), (k),(l), (m) or (n) of regulation 62 of these Regulations and, subject to the next succeeding sub-regulation, an allowance payable under regulation 87 of these Regulations.

“(5.) An allowance payable under regulation 87 of these Regulations shall not be included as salary for the purposes of this regulation unless—

(a) the allowance has been paid for not less than one month before the date on which the officer or employee is granted leave under section 72 of the Act; and

(b) the officer would have been paid the allowance if he had not been granted the leave of absence.”.

Miscellaneous allowances.

8. Regulation 89a of the Public Service Regulations is amended—

(a) by inserting after the word “telephonists” in sub-regulation (3.) the words “,accounting machinists”; and

(b) by omitting paragraph (b) of sub-regulation (3.) and inserting in its stead the following paragraph:—

“(b) shall be paid an allowance in respect of laundry expenses at such rate as the Board determines.”.

9. After regulation 93 of the Public Service Regulations the following regulation is inserted:—

Cleaning allowance.

“93a.—(1.) Subject to the next succeeding sub-regulation, an officer or employee who is engaged on cleaning duties that require him to work at a height of—

(a) when those duties are performed from a ladder, scaffolding or other similar device—not less than twenty-five feet from the ground or floor; or

(b) in any other case—not less than ten feet from the ground or floor, shall be paid an allowance of $0.25 for each day or part of a day during which he is so engaged.

“(2.) An allowance is not payable under the last preceding sub-regulation where the Chief Officer certifies that an efficient safety device is provided, and is available, for use by the officer or employee when performing those duties.”.

10. After regulation 103b of the Public Service Regulations the following Division is inserted in Part III.:—

“Division VII.—Papua and New Guinea Allowance

Definition.

“103c. In this Division, “officer’ includes employee.

Papua find New Guinea allowance.

“103d.—(1.) An allowance in accordance with this regulation is payable to an officer who is stationed in, and resides in, the Territory of Papua or the Territory of New Guinea.

“(2.) For the purposes of this regulation, an officer who—

(a) is a widower or widow supporting dependent children under the age of eighteen years or supporting dependent children who are certified by a duly qualified medical practitioner to be permanent invalids; or

(b) is maintaining a home or supporting dependent children in circumstances which, in the opinion of the Board, justify his being deemed to be a married officer,

shall be deemed to be a married officer.

“(3.) A married officer who pays rent to the Commonwealth or to the Administration of the Territory of Papua and New Guinea in respect of his occupation of a house, flat or similar accommodation shall be paid an allowance—

(a) at the rate of $210 per annum; or

(b) where the sum in dollars of the amount of the annual rent paid by the officer in respect of that accommodation and $110 exceeds $210—at a rate equal to the amount of that sum.

“(4.) A married officer who is occupying a house, flat or similar accommodation, not being accommodation referred to in the last preceding sub-regulation, shall, unless the Board, having regard to the availability of accommodation of the kind referred to in the last preceding sub-regulation, otherwise determines, be paid an allowance at the rate of $210 per annum.

“(5.) Where—

(a) an officer referred to in cither of the last two preceding sub-regulations is being paid an allowance at a rate greater than $210 per annum; and

(b) the officer ceases during any period to pay rent in respect of the accommodation referred to in whichever of those sub-regulations is applicable to him,

the rate of the allowance payable to the officer shall, during that period, be reduced to $210 per annum.

“(6.) An officer who is not eligible to be paid an allowance referred to in the preceding provisions of this regulation shall be paid an allowance at the rate of $50 per annum.

Allowance—former officers of Papua and New Guinea.

“103e. An officer who was in receipt of an allowance under the last preceding regulation and who has ceased to live in the Territory of Papua or the Territory of New Guinea shall be paid an allowance at the rate of—

(a) in the case of an officer referred to in sub-regulation (3.) or (4.) of the last preceding regulation—$210 per annum; and

(b) in the case of an officer referred to in sub-regulation (6.) of that regulation—$50 per annum,

during a period when the officer is granted leave of absence for recreation, being leave that accrued during the period when the officer was in the Territory, and that is granted to the officer immediately after his departure from the Territory.”.

Notification of, and appeals against, provisional promotions.

11. Regulation 109 of the Public Service Regulations is amended by omitting from paragraphs (a), (e) and (f) of sub-regulation (1b.) the words “Public Service Inspector” and inserting in their stead the words “Commonwealth Public Service Inspector”.

Allowance or rejection of ballot papers.

12. Regulation 141h of the Public Service Regulations is amended by omitting the words “Public Service Inspector” and inserting in their stead the words “Commonwealth Public Service Inspector”.

Disputed elections.

13. Regulation 141m of the Public Service Regulations is amended by omitting from paragraph (c) of sub-regulation (3.) the words “Public Service Inspector” and inserting in their stead the words “Commonwealth Public Service Inspector”.

Reference to Disputes Committee.

14. Regulation 141n of the Public Service Regulations is amended by omitting from sub-regulations (1.) and (2.) the words “Public Service Inspector” and inserting in their stead the words “Commonwealth Public Service Inspector”.

15. Regulation 141v of the Public Service Regulations is repealed and the following regulation inserted in its stead—

“141V. For the purposes of section 55 of the Act—

Territories to be deemed part of State for purposes of section 55 (12.).

(a) the Territory of Papua and the Territory of New Guinea shall each be deemed to be part of the State of Queensland;

(b) the Northern Territory of Australia shall be deemed to be part of the State of South Australia;

(c) the Territory of Cocos (Keeling) Islands shall be deemed to be part of the State of Western Australia; and

(d) Norfolk Island shall be deemed to be part of the State of New South Wales.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

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