Public Service Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 2191

 

Public Service Regulations2 (Amendment)

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 19 September 1983.

R W COLE

Chairman

R J YOUNG

Commissioner

J V MONAGHAN

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 7 October 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Finance for and on behalf of the Prime Minister

  

S.R. 122/81 Cat. No. —Recommended retail price 20c 13/8.8.1983

 

Recreation leave credits—officers who were formerly employees

1. Regulation 46a of the Public Service Regulations is amended by omitting sub-regulations (3) to (6) (inclusive) and substituting the following sub-regulation:

“(3) Where an officer—

(a) was employed during a year in a temporary capacity and is appointed an officer on 1 January next following; or

(b) during the year in which he is appointed an officer, was employed in a temporary capacity immediately prior to that appointment,

there accrues to the officer on the 1 January on which he is appointed an officer or next following the date on which he is appointed an officer, as the case may be, 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 1 January, if sub-section 68 (4) of the Act had been applicable, for each complete month of the period of—

(c) his temporary service during that year; or

(d) his temporary service and his service as an officer during that year, as the case maybe.”.

Recreation leave for employees

2. Regulation 137 of the Public Service Regulations is amended—

(a) by omitting sub-regulations (1) and (1a) and substituting the following sub-regulations:

“(1) Subject to sub-regulations (1a) and (1aa), there shall accrue on 1 January of each year—

(a) to an employee other than an employee to whom paragraph (b) refers—a recreation leave credit of a number of days equal to the number of days ordinarily worked by that person during a 4 week period in the previous year; and

(b) to an employee employed at a lighthouse—a recreation leave credit of 34 days exclusive of Sundays.

“(1a) There shall accrue to an employee on the 1 January after he commenced duty a recreation leave credit of a period calculated at the rate of one-twelfth of the applicable credit specified in sub-regulation (1) for each completed month of his service.

“(1aa) Where—

(a) an employee has, during the year immediately preceding any 1 January on which a recreation leave credit accrues to him, been absent from duty on leave of absence without pay, other than leave of absence without pay granted on account of illness—

(i) in the case of an employee who performs duties on the basis of a 6 day working week—for more than 26 working days; or

 

(ii) in the case of an employee who performs duties on the basis of a 5 day working week—for more than 22 working days; and

(b) the period during which the employee was so absent does not, under the Act, form part of the employee’s period of service for the purposes of the grant of recreation leave,

the recreation leave credit that would otherwise accrue to him shall, subject to this regulation, be reduced by one-twelfth of that period—

(c) in the case of an employee who performs duties on the basis of a 6 day working week—for each 26 working days on which the employee was so absent from duty; or

(d) in the case of an employee who performs duties on the basis of a 5 day working week—for each 22 working days on which the employee was so absent from duty.”;

(b) by omitting, from sub-regulation (1b) “during the period of twelve months immediately preceding the date as from which he is granted leave of absence for recreation” and substituting “during the year immediately preceding any 1 January on which a recreation leave credit accrues to him”;

(c) by omitting from sub-regulation (1b) paragraph (a) and substituting the following paragraph:

“(a) section 71 of the Act, which forms part of the officer’s period of service under the Act for the purposes of the grant of recreation leave;”;

(d) by omitting from sub-regulation (1b) “officer” and substituting “employee”;

(e) by omitting from sub-regulation (2) “temporary”; and

(f) by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) Where a recreation leave credit has accrued to an employee and it is not possible to grant leave to that employee before the termination of employment, the employee shall be granted an amount equivalent to his pay for a period equal to the period of the recreation leave credit.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 October 1983.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 4 and see also Statutory Rules 1983 Nos. 4, 5, 9, 30, 35, 36, 55, 57, 91, 98, 109, 110, 112, 119 and 138

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