Public Service Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 304

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 seventeenth day of December, 1976.

A. S. COOLEY

Chairman.

D. LINEHAN

Commissioner.

J. C. TAYLOR

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-third day of December, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

A. A. STALEY

Minister of State for the Capital Territory for and on behalf of the Prime Minister.

 

Amendments of the Public Service Regulations 

Leave of absence to officers and employees undertaking courses of study.

1. Regulation 50b of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (3) the words “ the Board ” (first occurring) and substituting the words “ the Chief Officer or an officer authorized in writing by the Permanent Head ”; and

(b) by omitting from sub-regulation (3) the words “ the Board ” (second occurring) and substituting the words “ the Chief Officer or the authorized officer ”.

 

* Notified in the Australian Government Gazette on 30 December 1976.

  Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulations see footnote   to Statutory Rules 1976, No. 17 and see also Statutory Rules 1976, Nos. 17, 18, 71, 95, 96, 116, 152, 153, 154, 155, 167, 178, 180, 182, 229, 231, 248, 300 and 302.

 

Interpretation.

2. Regulation 100a of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “ course of instruction ”;

(b) by inserting in the definition of “ fees ” in sub-regulation (1), after the words “ enrolled for a course of study ”, the words “, or a short course of instruction,”;

(c) by inserting in the definition of “ fees ” in sub-regulation (1), after the word “ institution ” (wherever occurring), the words “ or body ”;

(d) by adding at the end of sub-regulation (1) the following definitions:—

“ ‘ private institution or body ’ means an institution or body, other than a public institution or body, approved by the Board;

‘ public institution or body ’ means an institution or body conducted by or on behalf of the Government of the Commonwealth or by or on behalf of the Government of a State;

‘ short course of instruction ’ means—

(a) a course of instruction, not being a course of study, in which the period or periods of leave of absence required by the officer to attend the lectures and perform the practical work that he is required to attend and perform whilst undertaking the course and for travelling for the purpose of attending those lectures or performing that practical work is a continuous period, or are periods amounting in the aggregate to a period, of less than 200 hours; or

(b) a course of instruction, not being a course of study, approved by the Board for the purposes of this definition.”; and

(e) by omitting sub-regulation (5).

Approved students.

3. Regulation 100b is amended—

(a) by omitting paragraphs (a) and (b) of sub-regulation (1) and substituting the following paragraphs:—

“ (a) who has enrolled for a course of study at an institution, to pursue the whole or part of that course of study during a prescribed period; or

(b) who has enrolled for a short course of instruction, to pursue the whole or part of that course of instruction during a prescribed period;”;

(b) by omitting from sub-regulation (2) the words “ The Permanent Head ” and substituting the words “ Subject to sub-regulation (2a), the Permanent Head ”; and

(c) by inserting after sub-regulation (2) the following sub-regulation:—

“ (2a) In respect of a course of study, or a short course of instruction, ordinarily taught at a secondary school, the Permanent Head shall not approve an application under sub-regulation (1) unless the applicant has enrolled for that course of study or short course of instruction at a public institution or body or a private institution or body”.

Reimbursement of fees.

4. Regulation 100c is amended by inserting the following sub-regulations after sub-regulation (4): —

“ (4a) Where an officer has enrolled at a private institution or body for a course of study, or a short course of instruction, ordinarily taught at a secondary

 

school, the amount reimbursed to him under this regulation, in respect of the prescribed period, shall not exceed the amount to which he would have been entitled, or the payment of which the Permanent Head would have authorized, under this regulation in respect of an equivalent course of study or short course of instruction, as the case may be, offered during the prescribed period by a public institution or body at the place nearest to the officer’s residence, being a place determined by the Permanent Head, when approving the officer’s application under regulation 100b, to be reasonably accessible to the officer.

“ (4b) In determining under sub-regulation (4a) whether a place is reasonably accessible to an officer, the Permanent Head shall have regard to—

(a) the proximity of the place to the officer’s place of residence or ordinary place of duty;

(b) the availability of public transport for the officer to travel to and from the place;

(c) the times at which the officer would be required to attend at the place; and

(d) the officer’s ordinary hours of duty.”.