Public Service Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 147 1

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Public Service Regulations2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Service Act 1922.

Dated 1 June 1994.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

  

GARY JOHNS

Assistant Minister for Industrial Relations

for the Prime Minister

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1.   Amendment

1.1   The Public Service Regulations are amended as set out in these Regulations.

 

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New Divisions 1A and 1B of Part II

2.1   After regulation 44, insert:

“Division 1A—Probationary Officers

Medical examination of a person appointed on probation

“45.

(1) The Secretary may require a person to undergo a medical examination by an authorised medical practitioner for the purposes of section 47 of the Act.

“(2)

A medical examination of a person under subregulation (1) is not complete until that person has been examined by an authorised medical practitioner to the satisfaction of the Secretary and the person has undergone any further medical examination reasonably required by the Secretary.

“Division 1B—Fitness for Continued Duty

Interpretation

“46.

In this Division:

‘officer’ includes a continuing employee (within the meaning of Division 10 of Part III of the Act) who has been an employee for more than 1 year, but does not include an officer whose appointment to the Service on probation has not been confirmed;

‘illness’ includes injury or medical condition;

‘relevant medical practitioner’ means:

• (a)

  a Medical Officer in the Australian Government Health Service; or

• (b)

  a registered medical practitioner.

Secretary to obtain advice from relevant medical practitioner other than treating doctor

“47.

If an officer has been treated or advised by a registered medical practitioner for an illness, the Secretary must not require the officer to attend an examination under this Division by that practitioner in respect of that illness.

Medical examination

“48.

(1) The Secretary may give a notice in writing to an officer who is absent because of illness for:

• (a)

  a continuous period of 4 weeks; or

• (b)

  periods totalling 4 weeks if those absences relate to the same illness;

to submit to a medical examination by a relevant medical practitioner specified in the notice.

“(2)

If an officer:

• (a)

  has been absent because of illness for a total of 13 weeks in any 26 week period; or

• (b)

  has been continuously absent because of illness for a period of 13 weeks;

and has not previously attended for a medical examination in accordance with a notice under subregulation (1) during the period of absence, the Secretary must give a notice of the kind mentioned in subregulation (1) to the officer.

“(3)

If a medical report by a registered medical practitioner (other than a report obtained under this Division) indicates that an officer:

• (a)

  is unfit for the duties of the officer’s position; and

• (b)

  is likely to remain unfit for those duties for an indefinite or extended period;

the Secretary may give a notice in writing to the officer to submit to a medical examination by a relevant medical practitioner specified in the notice.

“(4)

If an officer returns to duty after absence from duty because of illness for:

• (a)

  a continuous period of 4 weeks; or

• (b)

  periods totalling 4 weeks if those absences relate to the same illness;

the Secretary may:

• (c)

  within the period of 2 weeks after the officer’s return; and

• (d)

  if the Secretary is of the opinion that the officer is not fit to resume duty;

give a notice in writing to the officer to submit to a medical examination by a relevant medical practitioner specified in the notice.

Officers to submit to medical examination

“49.

(1) An officer must not fail, without reasonable excuse, to submit to a medical examination in accordance with a notice or direction under this Division.

“(2)

An officer is taken not to have submitted to a medical examination until the officer has:

• (a)

  been examined by the relevant medical practitioner to the satisfaction of the Secretary; and

• (b)

  submitted to any further medical examination reasonably required by the Secretary on the recommendation of the relevant medical practitioner.

Certification as to fitness for duty and further leave

“50.

(1) If an officer has been continuously absent from duty because of illness for a period of at least 13 weeks, the officer must not return to duty until a suitable medical practitioner gives a certificate stating that the officer is fit to resume duty.

(2)

For the purposes of subregulation (1), a suitable medical practitioner is a relevant medical practitioner (other than a medical practitioner who has been treating or advising the officer in relation to the illness) who is specified by the Secretary for the purpose of giving that certificate.”.

Medical examination in cases of adverse work performance or danger

“51.

(1)  This regulation applies to an officer if the Secretary reasonably believes that the officer’s state of health:

• (a)

  is affecting the officer’s work performance; or

• (b)

  is a danger to the officer; or

• (c)

  renders the officer a danger to other staff members or members of the public.

“(2)

The Secretary may require an officer to whom this regulation applies:

• (a)

  to submit to a medical examination by a relevant medical practitioner specified by the Secretary; or

• (b)

  to obtain, and give to the Secretary, a medical report by a registered medical practitioner about the officer’s fitness for duty.

3.   New regulation 53

3.1   Before regulation 54, insert in Division 2 of Part II:

Interpretation

“53.

In this Division:

‘illness’ includes injury or medical condition;

‘relevant medical practitioner’, in relation to an officer who submits, or has submitted, to a medical examination for an illness, means:

• (a)

  a Medical Officer in the Australian Government Health Service; or

• (b)

  a registered medical practitioner.”.

4.   Regulation 56 (Medical examination after 13 weeks’ sick leave)

4.1   Omit the regulation, substitute:

Further leave after 13 weeks’ absence

 “56. If an officer has been continuously absent from duty because of illness for a period of at least 13 weeks, further leave of absence because of illness must not be granted until the officer has submitted to a medical examination under regulation 48.”.

5.   Regulation 57 (Certificate of fitness)

5.1   Omit the regulation, substitute:

Secretary may direct leave of absence because of medical report

“57.

(1)  If a medical report about an officer under Division 1B indicates that the officer is unfit for duty, the Secretary may grant the officer leave of absence to the extent that the report indicates.

“(2)

The Secretary may direct the officer to absent himself or herself from duty during the period of that leave of absence.”.

6.   Regulation 58 (Health of officer rendering him a danger to others)

6.1   Omit the regulation.

7.   Regulation 60 (Illness caused through misconduct)

7.1   Subregulation 60 (1a):

Omit “Board” (twice occurring), substitute “Secretary to the Department of Industrial Relations”.

7.2   Subregulation 60 (2):

Insert “relevant” before “medical practitioner” (first occurring).

7.3   Subregulation 60 (2):

Omit “direct such officer to attend on a medical practitioner for examination”, substitute “require an officer to submit to a medical examination by a relevant medical practitioner”.

7.4   Subregulation 60 (3):

Insert “relevant” before “medical practitioner”.

7.5   Subregulation 60 (3):

Insert “relevant” before “medical practitioner’s”.

7.6   Subregulation 60 (5):

Insert “relevant” before “medical practitioner”.

 

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NOTES

 

1. Notified in the Commonwealth of Australia Gazette on 1 June 1994.

2. Statutory Rules 1935 No. 18 as amended by 1935 Nos. 44, 72, 78 and 119; 1936 Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937 Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938 Nos. 35, 41, 79, 105, 110 and 113; 1939 Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940 Nos. 23, 74, 110, 143 and 247; 1941 Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; 1942 Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943 Nos. 271, 272 and 301; 1944 Nos. 6, 132, 138 and 143; 1945 Nos. 15, 35, 115, 118 and 124; 1946 Nos. 22, 68, 120, 124 and 153; 1947 Nos. 1, 2, 122, 123, 134, 146, 147, 158 and 163; 1948 Nos. 32, 49, 68, 71, 97, 149, 157 and 158; 1949 Nos. 1, 81, 84 and 98; 1950 Nos. 73, 88, 99 and 100; 1951 Nos. 13, 33, 77 and 110; 1952 Nos. 9, 19, 51 and 94; 1953 Nos. 2, 20, 47, 51, 70 and 93; 1954 Nos. 12, 57, 94, 103 and 126; 1955 Nos. 43, 48 and 67; 1956 Nos. 48, 49, 50 and 133; 1957 Nos. 22 and 58; 1958 Nos. 37 and 57; 1959 Nos. 11, 16, 42, 68 and 99; 1960 Nos. 12, 18, 33, 73, 89 and 93; 1961 No. 35; 1961 No. 68 (as amended by 1962 No. 39; 1964 No. 53 and 1966 No. 43); 1961 Nos. 69, 83, 87, 99, 114, 116 and 125; 1961 No. 136 (as amended by 1962 No. 91); 1961 No. 147; 1962 Nos. 1, 21, 33, 39, 84 and 91; 1963 Nos. 4, 5, 20, 22, 33, 41, 42, 55, 59, 65, 81, 82, 106, 108, 151, 152 and 153; 1964 Nos. 18, 40, 45, 46, 49, 53, 72, 88, 96, 109, 110, 118, 120, 131, 140, 147, 150, 151 and 161; 1965 Nos. 4, 12, 19, 23, 30, 44, 48, 71, 75, 76, 149, 172 and 176; 1966 Nos. 1, 16, 17, 43, 71,

 

 NOTES—continued

 

90, 91, 112, 120, 121, 123, 126, 130, 136, 160, 165, 166 and 183; 1967 Nos. 1,

 2, 7, 16, 37, 57, 61, 69, 99, 141, 164 and 169; 1968 Nos. 6, 11, 12, 22, 47, 55, 66, 73, 107, 114, 115, 130, 133, 134, 136, 138, 147, 148, 156, 165 and 166; 1969 Nos. 12, 13, 16, 17, 25, 42, 56, 61, 62, 83, 86, 87, 88, 95, 115 120, 121, 122, 123, 134, 141, 142, 146, 147, 160, 163, 166, 168, 175, 193, 202 and 215; 1970 Nos. 7, 13, 14, 19, 29, 42, 57, 58, 81, 85, 86, 93, 110, 11, 125, 128, 129, 137, 141, 147, 148, 149, 163, 164, 181, 183, 198, 199, 206 and 210; 1971 Nos. 3, 4, 12, 13, 17, 19, 20, 25, 33, 34, 42, 47, 48, 49, 52, 68, 69, 82, 83, 84, 86, 87, 88, 90, 91, 111, 124, 133, 146, 147, 150, 159, 161 and 175; 1972 Nos. 14, 26, 53, 132 and 163; 1973 Nos. 32, 34, 37, 46, 47, 73, 87, 113, 166, 176, 184 and 265; 1973 No. 280 (as amended by 1974 No. 73); 1974 Nos. 5, 15, 16, 51, 73, 98, 99, 119, 135, 143, 149, 168, 169, 204, 223, 242 and 261; 1975 Nos. 17, 18, 33, 54, 72, 132, 150, 174, 184, 194, 212, 217 and 220; 1976 Nos. 17, 18, 71, 95, 96, 116, 152, 153, 154, 155, 167, 178, 180, 182, 229, 231, 148, 300, 302 and 304; 1977 Nos. 9, 12, 15, 57, 62, 74, 75, 94, 119, 194, 195, 212, 222, 245, 257 and 259; 1978 Nos. 7, 8, 9, 33, 84, 109, 154, 205, 285 and 286; 1979 Nos.  9, 10, 68, 78, 142, 179, 219, 259, 261, 262, 263 and 264; 1980 Nos. 18, 26, 52, 89, 97, 103, 145, 226, 227, 231, 272, 344, 364, 402 and 403; 1981 Nos. 9, 34, 35, 44, 51, 79, 109, 306, 307, 350 and 357; 1982 Nos. 30, 40, 41, 54, 61, 75, 87, 257, 290, 336, 390, 392, 293 and 394; 1983 Nos. 4, 5, 9, 30, 35, 36, 55, 57, 91, 98, 109, 110, 112, 119, 138, 219, 295, 267 and 311; 1984 Nos. 14, 54, 80, 107, 112, 140, 141, 142, 211, 234, 247, 253, 272, 400, 436, 468, 469, 470 and 471; 1985 Nos. 7, 29, 34, 65, 108, 177, 208, 298, 334 and 383; 1986 Nos. 7, 124, 130, 131, 132, 133, 134, 135, 155, 187, 256, 314, 340, 341 and 369; 1987 Nos. 25, 38, 90, 137, 157, 180, 270 and 294; 1988 Nos. 151, 224, 245, 365 and 366; 1989 Nos. 58, 99, 112, 144, 179 and 399; 1990 Nos. 214 and 277; 1991 Nos. 286, 338 and 477; 1992 Nos. 53, 65, 303, 324 and 409; 1993 Nos. 27, 132, 146, 196 and 251.