Public Service Regulations (Amendment) (Cth)

STATUTORY RULES

1966 No.

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1966.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1966, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this sixteenth day of November, 1966.

Chairman.

Commissioner.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations.

Dated this eighteenth day of November, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Harold Holt

Prime Minister.

Amendments of the Public Service Regulations

Chairman of Board, etc., to have powers of Permanent Head under these Regulations.

1. Regulation 4b of the Public Service Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) The Commissioner of Trade Practices has all the powers of, or exercisable by, a Permanent Head under these Regulations so far as those powers relate to the branch of the Commonwealth Service comprising the staff referred to in section 31 of the Trade Practices Act 1965-1966, as if that branch were a separate Department.”

Delegation by Permanent Head.

2. Regulation 4c of the Public Service Regulations is amended by omitting from sub-regulation (3.) the words “and the National Librarian” and inserting in their stead the words “, the National Librarian and the Commissioner of Trade Practices”,

* Notified in the Commonwealth Gazette on , 1966.

Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations, see footnote to Statutory Rules 1966, No, 1, and see also Statutory Rules 1966, Nos. 1, 16, 17, 43, 71, 90, 91, 112, 121, 123, 126 and 130.

13692/66.—Price 25c (2s. 6d.) 10/11.11.1966

3. Regulations 47, 48 and 49 of the Public Service Regulations are repealed and the following regulations inserted in their stead:—

Recreation leave credits–officers who were formerly temporary employees.

“46a.—(1.) This regulation applies to an officer who, immediately before his appointment, was employed under the Act in a temporary capacity.

“(2.) If, on the day immediately before his appointment, an officer to whom this regulation applies was eligible, as a person employed under the Act in a temporary capacity, for the grant of a period of leave of absence for recreation, there accrues to the officer, on the date of his appointment, a recreation leave credit equivalent to that period.

“(3.) A recreation leave credit in accordance with sub-section (4.) of section 68 of the Act does not accrue to an officer to whom this regulation applies on the first day of January next following the date of his appointment.

“(4.) Where the anniversary, in the year in which he commenced duties as an officer, of the date on which an officer to whom this regulation applies (not being an officer referred to in sub-regulation (7.) of this regulation) commenced employment under the Act in a temporary capacity occurs on or after the date on which the officer commenced duties as an officer and on or before the next following thirty-first day of December, there accrues to the officer on that anniversary a recreation leave credit of a period that would have accrued to the officer under sub-section (4.) of section 68 of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable, and, where the period that commences on that anniversary and ends on the next following thirty-first day of December exceeds one month, there accrues to the officer on the next following first day of January a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to the officer under sub-section (4.) of section 68 of the Act, if that sub-section had been applicable, for each complete month in that period.

“(5.) Where the anniversary, in the year in which he commenced duties as an officer, of the date on which an officer to whom this regulation applies (not being an officer referred to in sub-regulation (7.) of this regulation) commenced employment under the Act in a temporary capacity occurred in the period that commenced on the first day of January last preceding the date on which he commenced duties as an officer and ended on the day immediately before the day on which he commenced duties as an officer, there accrues to the officer on the next following first day of January a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to the officer under sub-section (4.) of section 68 of the Act, if that sub-section had been applicable, for each complete month of the period that commenced on that anniversary and ends on the day before that first day of January.

“(6.) Where, in the case of an officer to whom this regulation applies (not being an officer referred to in the next succeeding sub-regulation), the period for which he was employed under the Act in a temporary capacity and the period of his service as an officer in the year in which he commences duties as an officer is less than twelve months, there accrues to the officer on the first day of January next following the date on which he commenced duties as an officer a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to the officer on that first day of January, if sub-section (4.) of section 68 of the Act had been applicable, for each complete month of the period of his temporary service and his service as an officer in that year.

“(7.) Where—

(a) an officer to whom this regulation applies commenced duties as an officer in the period of twelve months that ended on the day on which the Public Service Act 1966 received the Royal Assent; and
(b)the anniversary in the year 1966 of the date on which he commenced employment in a temporary capacity occurs on or after the date on which the Public Service Act 1966 received the Royal Assent and before the first day of January, 1967,

there accrues to the officer on that anniversary a recreation leave credit of the period that would have accrued to the officer under sub-section (4.) of section 68 of the Act, if that anniversary had occurred on a first day of January and that sub-section had been applicable, and there accrues to the officer on the first day of January, 1967, a further recreation leave credit equivalent to the period that would have accrued to the officer on that date under that sub-section, if that sub-section had been applicable.

Recreation leave credits-officers to whom section 47e is applicable.

“46b.—(1.) This regulation applies to an officer to whom section 47e of the Act is applicable, being an officer—

(a)who was not, in the period that commenced on the first day of January last preceding the date on which he commenced duties as an officer and ended on the day immediately preceding the date on which he commenced duties as an officer granted any leave of absence for recreation by his former public employer;
(b)who has not been paid, on or after ceasing to be in the service of his former public employer, an amount equal to the amount of salary that would have been payable to him if he had been granted leave of absence for recreation before ceasing to be so employed in that service; and
(c) whose period of employment with his former public employer and the period of his service as an officer is, on the first day of January next following the date on which he commenced duties as an officer, not less than twelve months.

“(2.) A recreation leave credit in accordance with sub-section (4.) or (5.) of section 68 of the Act does not accrue to an officer to whom this regulation applies on the first day of January next following the date on which he commences duties as an officer.

“(3.) There accrues to an officer to whom this regulation applies on the date on which he commences duties as an officer a recreation leave credit of the period that would have accrued to the officer under subsection (4.) of section 68 of the Act if that date had been a first day of January and that sub-section had been applicable and there accrues to such an officer on the first day of January next following the date on which he commences duties as an officer a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued under sub-section (4.) of section 68 of the Act, if that sub-section had been applicable, for each complete month of the period that commenced on the date on which he commenced duty as an officer and ended on the thirty-first day of December next following that date.

Determination of anniversary of date of commencing duties as an officer.

“46c.—(1.) For the purpose of determining, in the case of an officer who, immediately before he commenced duties as an officer, was employed under the Act in a temporary capacity, was employed by an authority of the Commonwealth, was employed by a Territory or was employed by an authority of a Territory, the anniversary of the date on which the officer commenced duties as an officer, the officer shall, subject to sub-regulation (3.) of this regulation, be deemed, for the purposes of section 68aof the Act, to have commenced duties as an officer on the date on which he commenced employment in a temporary capacity under the Act, commenced employment with the authority of the Commonwealth, commenced employment with that Territory or commenced employment with that authority, as the case may be, or, if he was employed in two or more of those employments in succession, on the date on which he commenced the first of those employments.

“(2.) For the purposes of determining, in the case of an officer who was an officer to whom section 47e of the Act is applicable (not being an officer referred to in the last preceding sub-regulation), the anniversary of the date on which the officer commenced duties as an officer, the officer shall, subject to the next succeeding sub-regulation, be deemed, for the purposes of section 68a of the Act, to have commenced duties as an officer on such date as is determined by the Board.

“(3.) For the purposes of determining, in the case of an officer to whom leave of absence under section 71a of the Act, or under section 72 of the Act to enable the officer to engage in service specified in paragraph (a) or (b) of sub-regulation (1.) of regulation 51 of these Regulations, has been granted and who resumes duties as an officer after the completion of that leave of absence, the anniversary of the date on which the officer commenced duties as an officer, the officer shall be deemed, for the purposes of section 68a of the Act, to have commenced duties as an officer on the day on which he resumes duties as an officer after the end of that leave of absence or, if he has been so granted leave of absence for more than one period, on the day on which he resumed duty after the end of the first of those periods.

Payment in lieu of recreation leave for certain officers ceasing to be officers otherwise than by death.

“46d.—(1.) For the purposes of sub-section (3.) of section 68b of the Act, the prescribed circumstances are—

(a) that the officer to whom that section applies has ceased to be an officer otherwise than by dismissal under section 55, 56, 62 or 66 of the Act or by annulment of his appointment on the ground that he has been guilty of conduct which, by subsection (1.) of section 55 of the Act, is an offence; and
(b)if the officer was an officer who commenced duties as an officer before the date on which the Public Service Act 1966 received the Royal Assent—that the officer ceases to be an officer after the anniversary, in the year in which the officer ceases to be an officer, of the date on which the officer commenced duties as an officer.

“(2.) The amount, for the purposes of sub-section (3.) of section 68 of the Act, is an amount equal to the amount of salary that would be payable to the officer, at the rate applicable to the officer immediately before he ceases to be an officer, for the period of service equal to the period calculated in accordance with the formula—

“(3.) For the purposes of the last preceding sub-regulation—

A is—
(a) in the case of an officer referred to in paragraph (b)of sub-regulation (1.) of this regulation—the number of complete months in the period commencing on the anniversary referred to in that paragraph and ending on the date on which the officer ceases to be an officer; and
(b)in any other case—the number of complete months in the period commencing on the first day of January last preceding the date on which the officer ceases to be an officer and ending on the date on which the officer ceases to be an officer;
B is the period equal to the period of the recreation leave credit that would next have accrued to the officer if he had continued to be an officer.

“(4.) Where, in relation to an officer referred to in paragraph (b) of sub-regulation (1.) of this regulation, there has accrued to the officer a recreation leave credit calculated in accordance with sub-regulation (2.) of regulation 50d of these Regulations, the period in respect of which the amount referred to in sub-regulation (2.) of this regulation is to be calculated shall be deemed to have been reduced by a period equal to the period of the recreation leave credit that accrued to the officer under sub-regulation (2.) of regulation 50dof these Regulations.

“(5.) Where, under section 68 of the Act or a provision included in regulations 46a to 50d (inclusive) of these Regulations, a period is calculated in respect of each complete month of a period of service and that period of service includes a number of days that is less than a complete month, then, for the purposes of calculating the number of complete months in the period of service of an officer for the purposes of this regulation, that period of service shall be deemed to have been increased by a number of days equal to that number of days.

Reduction of recreation leave credit on account of other absences.

“47. Where—

(a)an officer has, in the period that ends on the day immediately before the day on which there accrues to him his first recreation leave credit or in the period between the day on which there accrues to him one recreation leave credit and the day on which there accrues to him his next succeeding recreation leave credit, been absent from duty on leave of absence without pay, other than leave of absence without pay granted on account of illness, for more than twenty-six working days; and

(b)the period during which the officer was so absent does not, by reason of the operation of section 72aa of the Act, form part of the officer’s period of service under the Act for the purposes of the grant of recreation leave,

the recreation leave credit that would otherwise accrue to the officer on the date of accrual of the officer’s first recreation leave credit or the date of accrual of the recreation leave credit that first accrues after the absence, as the case may be, shall be reduced by one-twelfth of the period of that recreation leave credit for each twenty-six working days on which the officer was so absent from duty.

Lapsing of recreation leave—general provisions.

“48.—(1.) Subject to this and the next two succeeding regulations, the Chief Officer may direct in writing that the whole or a specified part of the recreation leave credit of an officer at the end of a year does not lapse at the end of that year.

“(2.) The Chief Officer shall not give a direction under the last preceding sub-regulation in relation to the recreation leave credit of an officer at the end of a year unless—

(a) it was found to be impracticable to grant to the officer in that year leave of absence for recreation for a period or periods equivalent to the recreation leave credit specified in the direction; or
(b)it appears to the Chief Officer that there is other sufficient reason for not having granted to the officer in that year leave of absence for recreation for a period or periods equivalent to the recreation leave credit specified in the direction.

“(3.) If the recreation leave credit of an officer at the end of the year exceeds the recreation leave credit that accrued to the officer on the first day of January in that year, the Chief Officer shall not, in a direction under sub-regulation (1.) of this regulation given in relation to the officer, direct that any part of the recreation leave credit that accrued to the officer before that first day of January shall not lapse at the end of that year.

“(4.) Where—

(a)by a direction under sub-regulation (1.) of this regulation, the whole or part of the recreation leave credit of an officer does not lapse at the end of a year; and
(b)by reason of the grant in the next succeeding year to the officer of leave of absence on account of illness, it has not been practicable to grant in that next succeeding year to the officer leave of absence for recreation for a period or periods equal to the recreation leave credit of the officer that did not lapse by reason of the direction,

the Board may direct in writing—

(c) if the officer was not granted any leave of absence for recreation in that next succeeding year—that the period of the recreation leave that did not lapse at the end of that first-mentioned year does not lapse at the end of that next succeeding year; and
(d)if the officer was granted leave of absence for recreation in that next succeeding year for a period not exceeding the recreation leave credit of the officer that did not lapse at the end of that first-mentioned year—that so much of the recreation leave credit of the officer that did not so lapse as exceeds the period for which the officer was granted leave of absence for recreation in that next succeeding year shall not lapse at the end of that next succeeding year.

Lapsing of recreation leave—officers serving in isolated districts, overseas or other specified places.

“48a.—(1.) The last preceding regulation does not apply to or in relation to an officer who is, at the end of a year, serving in a prescribed isolated district, in a prescribed place overseas or in a place specified in a determination made by the Board for the purposes of this regulation.

“(2.) In a determination made for the purposes of sub-regulation (3.) of regulation 49 of these Regulations and in a determination made for the purposes of this regulation, the Board shall direct—

(a) in relation to officers serving, at the end of a year, in a specified prescribed isolated district, in a specified prescribed place overseas or in a place specified in a determination made for the purposes of this regulation that a recreation leave credit that accrues to such an officer on the first day of January, or on a later date, in that year shall not lapse at the end of that year and that so much of that recreation leave credit as has not been granted to the officer by the end of a period of two years commencing on the first day of January in the year in which the recreation leave credit accrued shall lapse at the end of that period of two years; or
(b)in relation to officers serving, at the end of a year, in a specified prescribed isolated district or in a specified prescribed place overseas that the recreation leave credit that accrued to such an officer on the first day of January, or a later date, in that year shall not lapse at the end of that year and that so much of that recreation leave credit as has not been granted to the officer at the end of a period of three years after the first day of January in the year in which the recreation leave credit accrued to the officer shall lapse at the end of that period of three years,

and the recreation leave credit so accrued to such an officer lapses accordingly.

“(3.) Where—

(a) an officer serving in a prescribed isolated district or in a prescribed place overseas is, in the year at the end of which part of the recreation leave credit of the officer would lapse, granted leave of absence on account of illness; and

(b)it has not been practicable to grant in that year to the officer leave of absence for recreation for a period or periods equal to the recreation leave credit of the officer which, but for this sub-regulation, would lapse at the end of that year,

the Board may direct in writing that any part of the recreation leave credit of the officer that would lapse at the end of that year shall not lapse at the end of that year but shall lapse at the end of the next succeeding year.

Lapsing of recreation leave—officers on specified defence service.

“48b.—(1.) The Chief Officer shall direct that the recreation leave credit of an officer who renders a period of specified defence service shall not lapse whilst the officer is rendering that period of specified defence service.

“(2.) Regulation 48, or regulation 48a, as the case may be of these Regulations applies to and in relation to an officer who resumes duties as an officer after rendering a period of specified defence service as if the recreation leave credit of the officer at the commencement of the period of his specified defence service had accrued to the officer on the first day of January last preceding the date on which he resumes duties as an officer.

Accrual of special recreation leave credits.

“49.—(1.) For the purposes of paragraph (b) of sub-section (4.) of section 68 of the Act, the service of an officer who performs the duties of an office at a lighthouse or on a lighthouse vessel is service in special circumstances, and the longer period referred to in that paragraph is, in the case of such an officer, a period equivalent to the period of his ordinary hours of duty during a period of four weeks and four days.

“(2.) For the purposes of paragraph (b)of sub-section (4.) of section 68 of the Act, the service of an officer who, in the performance of the duties of his office, being an office determined by the Board to be an office to which this sub-regulation applies, is required to perform duties outside his ordinary hours of duty without being compensated in time or money for the performance of duties outside his ordinary hours of duty is service in special circumstances, and the longer period referred to in that paragraph is, in the case of such an officer, a period equivalent to the period of his ordinary hours of duty during a period of four weeks.

“(3.) For the purposes of paragraph (b)of sub-section (4.) of section 68 of the Act, the service of an officer who performs the duties of an office in a prescribed isolated district or in a prescribed place overseas is service in special circumstances, and the longer period referred to in that paragraph is, in the case of such an officer, a period equivalent to the sum of—

(a) the period of his ordinary hours of duty during a period of three weeks;
(b)such additional period in respect of each month of his service in such a district or place in that year as is, for the time being, determined by the Board for the purposes of this sub-regulation in relation to service in that district or place; and
(c) in the case of an officer who has performed the duties of an office in a prescribed isolated district, a period equivalent to the period of his ordinary hours of duty for such number of days as the Board determines to be reasonable to enable the officer to travel, whilst on recreation leave, from the isolated district and to travel back to the isolated district.

“(4.) A determination by the Board for the purposes of the last preceding sub-regulation may require, as a condition precedent to the accrual to an officer included in a particular category of officers of a period referred to in paragraph (b)of the last preceding sub-regulation, completion of a specified period of service in a district or place to which it relates.

“(5.) Sub-regulation (3.) of this regulation does not authorize the Board to make, in relation to an officer, a determination that results in the additional period referred to in paragraph (b) of that sub-regulation being a period that exceeds a period equivalent to the period of the ordinary hours of duty of the officer during a period of two weeks.

Definitions.

“49a. In regulation 48a of these Regulations and in the last preceding regulation—

‘overseas’ has the same meaning as in section 8b of the Act;
‘prescribed isolated district’ means an isolated district for the time being determined by the Board to be a prescribed isolated district for the purposes of sub-regulation (3.) of the last preceding regulation;
‘prescribed place overseas’ means a place overseas for the time being determined by the Board to be a prescribed place overseas for the purposes of sub-regulation (3.) of the last preceding regulation.”.

Short leave.

4. Regulation 50 of the Public Service Regulations is amended by omitting sub-regulations (2.) and (3.).

5. After regulation 50 of the Public Service Regulations the following regulations are inserted:—

Grant of leave of absence subject to deduction from recreation leave.

“50a.—(1.) The Chief Officer may grant to an officer leave of absence (not being leave of absence for recreation) for a period not exceeding three days in any period of twelve months subject to deduction from recreation leave.

“(2.) Where leave of absence has been granted to an officer under the last preceding sub-regulation, the next recreation leave credit that would otherwise accrue to the officer shall be reduced by the extent of the leave of absence so granted to the officer.

Leave of absence to officers undergoing courses of study.

“50b.—(1.) The Chief Officer may grant leave of absence with pay for a period not exceeding five hours in any week for the purpose of enabling an officer or employee who is undergoing an approved course of study to attend the lectures and to perform the practical work that he is required to attend and perform whilst undergoing that course of study.

“(2.) In addition to leave of absence granted under the last preceding sub-regulation, the Board may grant leave of absence for travelling with pay for a period not exceeding three hours in any week to an officer or employee who is undergoing an approved course of study if the Board, in the circumstances, considers that leave for that purpose should be granted.

“(3.) The Chief Officer may grant leave of absence in any week for a period additional to the periods of leave of absence referred to in the last two preceding sub-regulations if he is satisfied that it is necessary to grant the extra period of leave of absence to an officer or employee to enable the officer or employee to complete his approved course of study.

“(4.) Leave granted under the last preceding sub-regulation shall be granted without pay or on condition that the officer or employee performs duty for a period equal to the period of the leave of absence so granted at a time when the officer or employee would not otherwise be required to perform duty.

“(5.) The Chief Officer may grant to an officer or employee who is undergoing an approved 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 or employee 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 a week in respect of each subject in which he is required to so attend.

“(6.) For the purposes of this regulation, ‘approved course of study’ means a course of study for a degree or diploma at a university or for a diploma or certificate at another institution approved by the Board for the purposes of this regulation.

Leave of absence to attend examinations.

“50c—(1.) The Chief Officer may, in any year, grant leave of absence with pay to an officer or employee for a period not exceeding the period of his ordinary hours of duty for one week for the purpose of enabling the officer or employee to attend at, and sit for, prescribed examinations.

“(2.) The Chief Officer may, if satisfied that the grant of a period of leave of absence additional to that referred to in the last preceding sub-regulation is necessary to enable an officer or employee to attend at, and sit for, prescribed examinations in the year in which he is granted leave of absence under the last preceding sub-regulation, grant leave of absence to the officer or employee for that additional period.

“(3.) Leave of absence for the additional period referred to in the last preceding sub-regulation may—

(a) in the case of an officer, 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 50a of 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—be granted without pay.

“(4.) For the purposes of this regulation, ‘prescribed examination’ means—

(a) an examination in a course for a degree or diploma at a university or other institution approved by the Board for the purposes of the last preceding regulation;
(b) an examination held by or on behalf of the Board under the Act;
(c) an examination held under the Navigation Act 1912-1965 for a certificate under that Act; or
(d)an examination held as part of a course of training under a scheme of vocational training provided by the Commonwealth.

Special recreation leave credits—officers granted leave for specified defence purposes.

“50d.—(1.) Where an officer who commenced duties as an officer during a period of twelve months immediately preceding the date on which the Public Service Act 1966 received the Royal Assent is granted leave of absence under section 71a of the Act, or is granted leave of absence under section 72 of the Act to enable the officer to engage in service specified in paragraph (a) or (b)of sub-regulation (1.) of regulation 51 of these Regulations, as from a date that is earlier than the date on which the officer will complete twelve months service as an officer, there accrues to the officer a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to the officer under sub-section (4.) of section 68 of the Act, if that sub-section had been applicable, for each complete month of the period of the officer’s service.

“(2.) Where—

(a) an officer who was an officer on the date on which the Public Service Act 1966 received the Royal Assent (not being an officer referred to in the last preceding sub-regulation) is granted leave of absence under section 71a of the Act, or is granted leave of absence under section 72 of the Act to enable the officer to engage in service specified in paragraph (a) or (b)of sub-regulation (1.) of regulation 51 of these Regulations; and
(b)the anniversary of the date on which the officer commenced duties as an officer that last preceded the date as from which he is granted that leave of absence occurs in the period commencing on the first day of January last preceding the date as from which he is granted that leave of absence and ending on the day immediately before the date as from which he is granted that leave of absence,

there accrues to the officer a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued under sub-section (4.) of section 68 of the Act, if that sub-section had been applicable, for each complete month in that period.

“(3.) The last preceding sub-regulation applies only in relation to the first occasion, after the commencement of this regulation, on which an officer referred to in that sub-regulation is granted leave of absence under section 71aof the Act or under section 72 of the Act.

“(4.) There accrues to an officer who, having, after the date on which the Public Service Act 1966 received the Royal Assent, commenced duties as an officer, is granted leave of absence under section 71a of the Act, or is granted leave of absence under section 72 of the Act to enable the officer to engage in service specified in paragraph (a) or (b)of sub-regulation (1.) of regulation 51 of these Regulations, a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to the officer under sub-section (4.) of section 68 of the Act, if that sub-section had been applicable, for each complete month of the officer’s period of service—

(a)in the period that commenced on the first day of January last preceding the date as from which the officer is granted that leave and ends on the day immediately before the date as from which the officer is granted that leave of absence; or
(b)in the case of an officer who commenced duties as an officer after the first day of January in the year in which he is granted that leave of absence—in the period that commenced on the date on which he commenced duties as an officer and ends on the day immediately before the date as from which he is granted that leave of absence.

“(5.) A recreation leave credit referred to in this regulation shall be deemed to have accrued to an officer on such a date before the date as from which he is granted leave of absence under section 71a or section 72 of the Act as will enable the officer to be granted leave of absence for recreation for the period of that recreation leave credit before commencing his defence service.

Recreation leave not to accrue whilst on defence service.

“50e. A recreation leave credit does not accrue to an officer in accordance with section 68 of the Act or in accordance with regulation 46a or 46b of these Regulations on a first day of January if, on that first day of January, the officer is absent from duty on specified defence service.

Interpretation.

“50f.—(1.) In regulations 46a to 50e (inclusive) of these Regulations, unless the contrary intention appears, ‘month’, ‘salary’ and ‘year’ have the same respective meanings as they have in section 68f of the Act.

“(2.) In regulations 46a to 50e (inclusive) of these Regulations, a reference to a recreation leave credit shall be read as including a reference to an addition to a recreation leave credit.

“(3.) In regulations 46d and 50d of these Regulations, a reference to the anniversary of the date on which an officer commenced duties as an officer shall be read, in the case of an officer referred to in sub-regulation (1.), (2.) or (3.) of regulation 46s of these Regulations, as a reference to the anniversary of the date on which he is to be deemed, for the purposes of section 68aof the Act, to have commenced duties as an officer.”.

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

6.Regulation 51 of the Public Service Regulations is amended by omitting from paragraph (c) and (d)of sub-regulation (1.) the word “Citizen” (wherever occurring).

Periods of leave for annual training and attendance at a school etc.

7. Regulation 51b of the Public Service Regulations is amended by omitting the word “Citizen” (wherever occurring).

8. After regulation 51e of the Public Service Regulations the following regulation is inserted:—

Conditions on which leave is granted under section 71a.

“51f—(1.) Leave of absence under section 71a of the Act to an officer or employee in respect of a period of national service shall be granted without pay.

“(2.) Leave of absence under section 71a of the Act to an officer or employee in respect of a period of other specified defence service shall be granted without pay.”.

9. Regulation 87 of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

Higher duties allowance.

“87.—(1.) A reference in this regulation to an officer who performs the whole or a part of the duties of a higher office is a reference to an officer who performs, in accordance with a direction given under sub-regulation (l.) of regulation 116 of these Regulations, the whole or a part of the duties of an office of a classification higher than the classification of the office occupied by him.

“(2.) Subject to this regulation, an officer who performs the whole of the duties of a higher office shall be paid, in respect of the performance of those duties, an allowance at a rate equal to the difference between his rate of annual salary and the rate of annual salary payable to an officer occupying the higher office or, if a scale of rates of annual salary is applicable to the higher office, the rate of annual salary payable to an officer occupying that higher office and in receipt of salary at the minimum rate in that scale.

“(3.) Where an officer performs, for a period of less than a week, the duties of a higher office, being an office in respect of which the salary, or the maximum salary, payable to the occupant of the office exceeds—

(a)in the case of an office described in Part II. of the First Schedule to these Regulations—$2,608 per annum; or
(b) in any other case—$3,010 per annum.

then, unless the Board in special circumstances otherwise determines, the officer shall not be paid an allowance for the performance of those duties for that period, and that period shall not be included in any period of service for the purposes of this regulation.

“(4.) Where—

(a)an officer who has not attained the age of twenty-two years is directed to perform the whole of the duties of another office; and
(b)there is prescribed by these Regulations, as the rate of salary payable to an officer occupying that other office who is of the same age as the officer directed to perform those duties, a rate of salary that is a higher rate than the rate of salary payable to the officer directed to perform those duties,

that officer shall be paid an allowance at a rate equal to the difference between his rate of salary and that higher rate.

“(5.) An officer who performs the duties of a higher office for a period of less than one day shall not be entitled to payment for that period and that period shall not be service in the higher office for the purposes of this regulation.

“(6.) Where an officer temporarily performs the whole of the duties of a higher office for a continuous period of more than twelve months after the date on which he first commenced to perform those duties, he may, after the completion of each period of twelve months’ performance of those duties, be granted increments of allowance of the same amounts as are payable as increments of salary to an officer occupying the higher office.

“(7.) Where an officer temporarily performs the whole of the duties of a higher office in periods that are not continuous but aggregate in the total a period of more than twelve months, he may, at the completion of each such total period of twelve months, be granted an increment of allowance of the same amount as is payable as an increment of salary to an officer occupying the higher office if—

(a)in the case of the first increment—the total period of twelve months’ performance of higher duties is completed within the period of twenty-four months that immediately precedes that completion; and
(b)in the case of any subsequent increment—the total requisite period of performance of higher duties is completed within the period of time equal to twice the total period of performance of duties of the higher office that immediately precedes that completion.

“(8.) For the purposes of the last two preceding sub-regulations, performance of the whole of the duties of another office having the same classification as, or a higher classification, than the higher office referred to in either of those sub-regulations shall be deemed to be performance of the whole of the duties of the higher office.

“(9.) Paragraph (b)of sub-regulation (7.) of this regulation does not operate to authorize the grant of an increment to an officer unless he has received the first or a subsequent increment in the allowance payable under this regulation for a period of, or for periods totalling, twelve months.

“(10.) For the purpose of determining the date from which an increment in an allowance is payable under this regulation, and for the purpose of determining whether the performance of the duties of a higher office has been for a continuous period—

(a) an officer who performs the duties of a higher office immediately before he is absent from duty on—
(i) a public holiday;
(ii) leave of absence for recreation;
(iii) leave granted under section 69 of the Act or regulation 52 of these Regulations;
(iv) leave, not exceeding in all six days in any twelve months, granted under regulation 53 of these Regulations;
(v) leave granted under regulation 45 of these Regulations;
(vi) leave granted under regulation 45a of these Regulations;
(vii) leave granted under section 71a or 72 of the Act;
(viii) accident leave granted under an order or determination made by the Public Service Arbitrator;
(ix) sick leave not exceeding the periods specified in the next succeeding sub-regulation; and
(x) other authorized leave not exceeding in all six days in any twelve months,
shall be deemed to have performed the duties of a higher office during his absence if the officer resumes duty in the same office or another office of higher classification than his own immediately after the expiration of the absence; and
(b)an officer who performs the duties of a higher office immediately before he is absent from duty on leave of absence granted under section 73 of the Act shall be deemed to have performed the duties of a higher office during his absence, if the salary payable to the officer in respect of the period of his absence included, by reason of sub-regulation (2.) or (3.) of regulation 62 of these Regulations, an allowance in respect of the performance of the duties of a higher office.

“(11.) For the purpose of the last preceding sub-regulation, sick leave means only such sick leave as is granted for the following periods:—

(a)leave not exceeding two weeks granted during the first period of twelve months’ service, either continuous or in broken periods, in the higher office;

(b)leave not exceeding four weeks granted during the second period of twelve months’ service, either continuous or in broken periods, in the higher office, less any period of leave not exceeding two weeks granted during the first period of twelve months’ service in the higher office; and
(c) sick leave granted in any subsequent period of twelve months’ service in the higher office not exceeding a period calculated on the basis of two weeks’ leave for each completed period of twelve months’ service in the higher office, less any period of leave granted during previous service in the higher office.

“(12.) The date from which an increment in an allowance is payable to an officer under this regulation is not affected by—

(a) variation of rates of salary in accordance with regulation 106a of these Regulations; or
(b) an alteration of the classification of the higher office the duties of which are performed by the officer, being an alteration in relation to which a notice is published in the Gazette under sub-section (4.) or (5.) of section 29 of the Act.

“(13.) Where an officer who is performing the whole of the duties of a higher office is promoted under section 50 of the Act to that office or to another office of the same classification, he shall not suffer any reduction in his remuneration, and he may receive the same increments that he would have received had he, during the period for which he performed the duties of the higher office, been the permanent occupant of that office.

“(14.) Where an officer is promoted under section 50 of the Act to an office and, prior to his promotion, has performed the whole of the duties of a higher office of the same classification as the office to which he is promoted but is not performing those duties when he is promoted, the period for which he performed those duties shall be taken into account for the purposes of his incremental advancement in the same manner as it would have been taken into account under sub-regulation (7.) of this regulation if he had not been promoted.

“(15.) Where an officer who is or has been performing the whole of the duties of a higher office is promoted under section 50 of the Act to an office of lower classification than the office the duties of which he is or has been temporarily performing, his remuneration upon promotion shall be the same as the remuneration which he would have received had his period of service in the higher office been service in the office of lower classification.

“(16.) Where an officer performs the whole of the duties of a higher office and is in receipt of a salary above the minimum salary payable to an officer occupying the higher office, he shall, upon commencing to perform the duties of the higher office, be paid such allowance (if any) as will cause his total remuneration to be the same as that which would have been payable under regulation 109bof these Regulations if he had been promoted to the higher office.

“(17.) Where an officer temporarily performs the whole of the duties of an office the conditions of service in which differ from those in the office occupied by the officer, he shall be subject to the first-mentioned conditions as though he occupied that office.

“(18.) Where an officer temporarily performs the whole of the duties of a higher office, being an office in respect of which the salary, or the maximum salary, including allowances in the nature of salary, payable to the occupant of the office is not less than—

(a)in the case of an office described in Part II. of the First Schedule to these Regulations—$4,658 per annum; or
(b) in any other case—$5,060 per annum.

the preceding provisions of this regulation do not apply, but the officer may be paid in respect of the performance of those duties an allowance of such amount, and subject to such conditions, as the Board determines.

“(19.) Where an officer, not being an officer occupying an office specified in the table in sub-regulation (1.) of regulation 94a of these Regulations, performs the whole of the duties of an office specified in that table, the preceding provisions of this regulation apply in the manner in which they would apply if each rate in the scale of rates of salary applicable in relation to the office specified in that table were increased by an amount equal to the amount of the allowance specified in that table opposite to that office.

“(20.) Where an officer who occupies an office specified in the table in sub-regulation (1.) of regulation 94a of these Regulations performs the whole of the duties of another office that is an office specified in that table and has a higher classification than the classification of the office occupied by the officer, then, for the purposes of calculating the rate at which an allowance is payable under the preceding provisions of this regulation, the rate of salary of the officer shall be deemed to be increased by an amount equal to the amount of the allowance payable to him under that sub-regulation and each rate in the scale of rates of salary applicable to the other office shall be deemed to be increased by an amount equal to the amount of the allowance specified in that table opposite to that office.

“(21.) Where an officer who occupies an office specified in the table in sub-regulation (1.) of regulation 94a of these Regulations performs the whole of the duties of another office having a higher classification than the classification of the office occupied by the officer but that other office is not an office specified in that table—

(a) if the amount of the allowance calculated in accordance with the preceding provisions of this regulation would not exceed the amount of the allowance payable under sub-regulation (1.) of regulation 94a of these Regulations, an allowance is not payable under this regulation; or
(b)if the amount of the allowance calculated in accordance with the preceding provisions of this regulation would be more than the amount of the allowance payable under sub-regulation (1.) of regulation 94a of these Regulations, the rate of salary of the officer shall be deemed to be increased by an amount equal to the amount of the allowance payable to him under that sub-regulation and the amount of the allowance payable under those preceding provisions shall be reduced accordingly.

“(22.) An officer who performs part of the duties of a higher office shall be paid in respect of the performance of those duties an allowance of such amount (if any), and subject to such conditions, as the Board determines.

“(23.) An allowance granted under this regulation shall be regarded as salary for the purposes of calculating the amount of travelling allowance, meal allowance, payment for overtime, payment for Sunday duty, payment for holiday duty and payment for excess travelling time, payable to an officer.

“(24.) Subject to the next succeeding sub-regulation a reference in this regulation to the rate of annual salary, or a rate in a scale of rates of annual salary payable to an officer occupying a higher office shall, in relation to a female officer performing the whole or part of the duties of such a higher office, be deemed to be $402.00 less than the rate applicable in relation to a male officer occupying that office.

“(25.) The last preceding sub-regulation does not apply to or in relation to a higher office if that higher office is an office specified in Part II. of the First Schedule to these Regulations.

“(26.) Where, immediately before the date of commencement of these Regulations, an officer is performing the duties of a higher office by reason of being called upon so to do under sub-regulation (1.) of Regulation 87 of the Public Service Regulations as in force immediately before that commencement or by reason of being temporarily transferred under regulation 116 of those Regulations to an office having a higher classification than the office occupied by the officer, the officer shall, so long as he continues to perform the duties of the higher office or the office having the higher classification, be deemed, for the purposes of this regulation, to be an officer who performs, in accordance with a direction given under sub-regulation (1.) of regulation 116 of these Regulations, the duties of an office of a classification higher than the classification of the office occupied by him.”.

Reimbursement of fares— remote districts.

10. Regulation 98 of the Public Service Regulations is amended by omitting the words “sub-regulation (5.) of regulation 49 of these Regulations” and inserting in their stead the words “paragraph (c) of sub-regulation (3.) of regulation 49 of these Regulations”.

11. After regulation 109c of the Public Service Regulations the following regulation is inserted:—

Prescribed rate of salary for the purposes of section 50 (1a.).

“109ca. For the purposes of paragraph (a) of sub-section (1a.) of section 50 of the Act the prescribed rate is—

(a)in the case of an office described in Part II. of the First Schedule to these Regulations—$3,218 per annum; or
(b) in any other case—$3,620 per annum.

12. Regulation 116 of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

Directions to perform temporarily duties of an office other than officer’s own office.

“116.—(1.) Where, for any reason it is necessary so to do, the Chief Officer may, by instrument in writing, direct an officer occupying an office in the Department to perform temporarily the whole, or such part as is specified, of the duties of another office in the Department, other than an office in the First Division.

“(2.) If, in the selection of an officer to whom a direction under the last preceding sub-regulation is to be given, it is necessary to select an officer occupying an office in the Department of a classification lower than the office in relation to the duties of which the direction is to be given, the Chief Officer shall make the selection of an officer from officers who occupy offices of lower classification by selecting the officer who is, in the Chief Officer’s opinion—

(a)in the case of a direction to be made for a period not exceeding one month and in the case of a direction to be made in relation to an office specified in sub-regulation (1.) of regulation 109g of these Regulations for a longer period—the senior efficient officer available; or
(b) in any other case—the more or the most efficient officer available.

“(3.) Where the Board has, by instrument in writing published in the Gazette, determined that an officer shall not be transferred or promoted to a specified office or to an office included in a specified class of offices unless the officer possesses specified qualifications, or has complied with specified conditions, the Chief Officer may, in selecting an officer to whom a direction is to be given under sub-regulation (1.) of this regulation, select, as the officer to whom the direction is to be given, an officer who has those qualifications or has complied with those conditions in preference to an officer who has not those qualifications or has not complied with those conditions, notwithstanding that the latter officer is the senior officer.

“(4.) Where, by reason of a direction given under sub-regulation (1.) of this regulation, an officer is directed to perform duties in a State or Territory other than the State or Territory in which he normally performs his duties, the Chief Officer shall report the direction to the Board as soon as is practicable after giving the direction.

“(5.) Where—

(a)an officer is selected to perform the whole or a part of the duties of an office of a higher classification than the office occupied by the officer and the direction given in accordance with sub-regulation (1.) of this regulation directs the officer to perform the duties of that office for a period exceeding one month; or
(b)an officer who has been so selected performs for a period exceeding one month, in accordance with a direction given under sub-regulation (1.) of this regulation, the whole or part of the duties of an office of a classification higher than the office occupied by him,

the selection of the officer is subject to appeal in accordance with the succeeding provisions of this regulation.

“(6.) An appeal against a selection under this regulation may be made by an officer who is available and occupies an office of a lower classification than the office in respect of the duties of which the direction has been given and may be made—

(a) in the case of a selection of an officer to perform the duties of an office specified in regulation 109g of these Regulations—on the ground that he is senior to the officer selected and is efficient; or

(b) in any other case—on the ground of—
(i) superior efficiency; or
(ii) equal efficiency and seniority.

“(7.) Subject to the next two succeeding sub-regulations, the provisions of section 50 of the Act and of regulations 109 to 109g (both inclusive) of these Regulations apply, mutatis mutandis, to an appeal under this regulation as if it were an appeal under that section.

“(8.) Where an appellant is an officer of a Department other than the Department in which the office in respect of which the direction is given is located, a Promotions Appeal Committee that makes enquiries into the claims of an appellant and the selected officer shall make a report to the Board and the Board shall determine the appeal.

“(9.) The last preceding sub-regulation applies whether or not the maximum rate of salary payable to an officer occupying the office in respect of which the direction is given exceeds the rate prescribed for the purposes of sub-section (8b.) of section 50 of the Act in its application to and in relation to an appeal under this regulation.

“(10.) Where an appeal is upheld, the Chief Officer shall revoke the direction given by him to the officer selected by him and, unless the appellant is an officer of another Department or the period for which the direction was given has expired, shall give to the successful appellant a direction under sub-regulation (1.) of this regulation to perform the whole or a part of the duties of the office in respect of which the direction was given.

“(11.) An appeal under this regulation does not lapse by reason only of the fact that the appellant is subsequently given a direction in pursuance of sub-regulation (1.) of this regulation to perform temporarily for a period not exceeding one month the whole or part of the duties of an office of the same classification as, or a higher classification than, the office in relation to which the appeal is made.”.

Application of amendments.

13.—(1.) Sub-regulation (1.) of regulation 51f of the Public Service Regulations as amended by these Regulations shall be deemed to have taken effect on the thirtieth day of June, 1965.

(2.) The regulations inserted in the Public Service Regulations by Regulations 3 and 5 of these Regulations shall be deemed to have taken effect on the date on which the Public Service Act 1966 received the Royal Assent.

Savings.

14.—Where an officer who was, before the commencement of these Regulations, temporarily transferred under regulation 116 of the Public Service Regulations as in force immediately before that commencement to another office continues to perform the duties of that office after that commencement, the temporary transfer of the officer is subject to appeal as if that regulation had continued in force, and an appeal made against such a temporary transfer may be heard and determined as if that regulation had continued in force.

A. J. Arthur, Commonwealth Government Printer, Canberra