Public Service Regulations (Amendment) (Cth)

statutory rules

1967 No.

 

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 seventeenth day of April, 1967.

Chairman.

Commissioner.

Deputy of a 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 day of , 1967.

CASEY

Governor-General.

By His Excellency’s Command,

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 III.—Special Allowances (Regulations 87-100).”

the words—

“Division IIIa.—Assistance with Studies (Regulations 100a-100f).”.

 

* Notified in the Commonwealth Gazette on , 1967.

Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulation see footnote to Statutory Rules 1967, No. 1 and see also Statutory Rules 1967, Nos. 1.

22973/66.—Price 8c 9/11.4.1967

2.After regulation 100 of the Public Service Regulations the following Division is inserted:—

“Division III a.—Assistance with Studies

Interpretation.

“100a.—(1.) In this Division—

‘course of study’ means a course of study, approved by the Board, being a course of study for a degree, diploma or certificate of an institution;

‘fees’ means the enrolment, tuition and examination fees that a person enrolled for a course of study at an institution is required to pay to be allowed to undertake that course and includes fees that all persons, or all persons forming a particular class of persons, at that institution are required to pay but does not include graduation fees, fees payable as a result of a failure by a person to enrol by a specified time or any amount payable by a person by reason of some act or omission on his part;

‘institution’ means—

(a) a university;

(b) a technical school or technical college; or

(c) any other place of education approved by the Board.

“(2.) An officer who is undertaking a course of study for the purposes of presenting himself at the examinations conducted by a body or organization approved by the Board, being a body or organization that conducts examinations for the purposes of enabling persons to obtain qualifications required for a profession, trade or calling, shall, for the purposes of this Division, be deemed to be undertaking a course of study for a diploma or certificate of an institution.

“(3.) An officer who completes a course of study, or passes an examination, to qualify himself to undertake a course of study for a degree of Doctor or Master of a University or for a post-graduate diploma at an institution shall be deemed to have completed a course of study for the purposes of this Division.

“(4.) In this Division, a reference to a prescribed period means the period of twelve months commencing on the first day of January in each year or such longer period as the Board determines in relation to a particular course of study or a particular subject.

Approved students.

“100b.—(1.) An officer who has enrolled for a course of study at an institution during a prescribed period 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, and, in considering whether to approve such an application, the Permanent Head shall take into account—

(a)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 is undertaking a course of study for a diploma or certificate at an institution other than a university; or

 

(ii) an officer who, having completed a course of study for one degree, diploma or certificate, is undertaking a further course of study,

whether the successful completion by the officer of the course of study or the further course of study will result in the officer becoming more efficient as an officer of the Commonwealth Service and whether it is in the interests of the Commonwealth Service that officers should possess the qualifications to be obtained by the successful completion of the course of study or the further course of study.

Reimbursement of fees.

“100c.—(1.) Subject to this Division, an officer whose application under the last preceding regulation has been approved by his Permanent Head is entitled to reimbursement of the fees paid by him in the prescribed period to which the approval relates if—

(a)he furnishes to his Permanent Head a certificate given by the registrar or other appropriate officer of the institution at which he is or was enrolled for his course of study setting out—

(i) that he has passed the examinations in all the subjects of his course of study for which he was enrolled during the prescribed period and has complied with any other requirements specified by the institution at which he has undertaken or is undertaking his course in relation to all or any of those subjects; or

(ii) that he has complied with the requirements specified by the institution for the degree, diploma or certificate of the course of study that he has undertaken in a case where the satisfactory completion of his course does not depend upon 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 sat for the final examinations, or the first of the final examinations, in the subjects that he was undertaking in the prescribed period and at the date on which he furnished to his Permanent Head the certificate referred to in paragraph (a) of this sub-regulation.

“(2.) Where an officer furnishes to his Permanent Head a certificate given by the registrar or other appropriate officer of the institution at which he was enrolled for his course of study setting out that the officer has passed the examinations in some but not all of the subjects of his course of study for which he was enrolled during the prescribed period, his Permanent Head may, if the officer has complied with all the other requirements of the last preceding sub-regulation, authorize the reimbursement to the officer of the fees paid by him in respect of the subjects in which he has passed in the prescribed period if, in the opinion of his Permanent Head, the number of subjects in which he has passed was reasonable having regard to–

(a) the number of subjects undertaken by the officer in the prescribed period; and

(b)the number of subjects undertaken in that period by other persons enrolled for the same or a similar course of study.

Deferment of reimbursement until confirmation of appointment.

“100d.—(1.) Subject to the next succeeding sub-regulation, payment of an amount under this Division to an officer whose appointment has not been confirmed under section 47 of the Act shall not be made unless and until the appointment of the officer is confirmed under that section,

“(2.) Where—

(a) an officer would, but for the operation of the last preceding sub-regulation, be entitled under this Division to be reimbursed the fees paid by him; and

(b)under section 47 of the Act, the Board, after the officer has furnished a certificate referred to in the last preceding regulation, annuls the appointment of the officer on the ground only that it is not satisfied as to his health,

the officer is entitled to be reimbursed, in accordance with this Division, the fees paid by him as if his appointment had been confirmed by the Board under that section.

Scholarship holders not eligible for reimbursement.

“100e. An officer is not eligible to receive reimbursement of fees under this Division if—

(a) those fees have been paid by the Commonwealth;

(b)those fees have been paid by reason of the grant to the officer of an award or scholarship under the terms of which the fees of the holder at an institution are payable; or

(c) the officer is entitled to have those fees paid by reason of the grant of an award or scholarship under the terms of which the fees of the holder at an institution are payable.

Review by Board.

“100f.—(1.) Where—

(a) the Permanent Head has not approved an application by an officer under regulation 100b of these Regulations;

(b)the officer has not been reimbursed 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 has not been satisfactory; or

(c) the Permanent Head has not, under sub-regulation (2.) of regulation 100c of these Regulations, authorized the reimbursement to the 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 application of the officer 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.) of regulation 100c of these Regulations,

as the case requires.”.

 

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