Public Service Regulations (Amendment) (Cth)

Statutory Rules

1975 No. 194

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1975.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1975, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this nineteenth day of September, 1975.

A. S. COOLEY

Chairman.

D. LINEHAN

Commissioner.

J. C. TAYLOR

Commissioner.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby approve the following Regulations.

Dated this thirtieth day of September, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

KEP. ENDERBY

Attorney-General for and on behalf

of the Prime Minister.

_________

Amendments of the Public Service Regulations 

Recreation leave credits— officers who were formerly temporary employees.

1. Regulation 46a of the Public Service Regulations is amended—

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

“ (3) A recreation leave credit in accordance with sub-section 68 (4) of the Act does not accrue—

(a) in the case of an officer who makes an election under sub-regulation (5a) or sub-regulation (5c), on the first day of January next following the date of his appointment or on the next succeeding first day of January; and

 

* Notified in the Australian Government Gazette on 1 October 1975.

  Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote   to Statutory Rules 1975, No. 17 and see also Statutory Rules 1975, Nos. 17, 18, 33, 54, 72, 132, 150, 174 and 184.

 

(b) in the case of any other officer to whom this regulation applies, on the first day of January next following the date of his appointment.”;

(b) by omitting from sub-regulation (4) the words “ (not being an officer referred to in sub-regulation (7) of this regulation) ” and substituting the words “ (not being an officer who has made an election under sub-regulation (5a)) ”;

(c) by omitting from sub-regulation (5) the words “ (not being an officer referred to in sub-regulation (7) of this regulation) ” and substituting the words “ (not being an officer who has made an election under sub-regulation (5c)) ”;

(d) by inserting after sub-regulation (5) the following sub-regulations:—

“ (5a) Where—

(a) 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 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; and

(b) the officer, by notice in writing delivered to the Chief Officer within 28 days after the day on which he commenced duties as an officer, elects to have his recreation leave entitlements fixed in accordance with sub-regulation (5b),

recreation leave accrues to the officer in accordance with that sub-regulation.

“ (5b) There accrues to an officer who elects under sub-regulation (5a) to have his recreation leave entitlement fixed in accordance with this sub-regulation—

(a) on the anniversary, in the year in which he commenced duties as an officer, of the date on which he commenced employ­ment under the Act in a temporary capacity, a recreation leave credit of a period that would have accrued to him under sub-section 68 (4) of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable;

(b) on the next succeeding anniversary of the date on which the officer commenced employment under the Act in a temporary capacity, a recreation leave credit of a period that would have accrued to him under sub-section 68 (4) of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable; and

(c) where the period that commences on the anniversary referred to in paragraph (b) 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 him under sub-section 68 (4) of the Act, if that sub-section had been applicable, for each complete month in that period.

“ (5c) Where—

(a) 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 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; and

(b) the officer, by notice in writing delivered to the Chief Officer within 28 days after the day on which he commenced duties as an officer, elects to have his recreation leave entitlements fixed in accordance with sub-regulation (5d),

recreation leave accrues to the officer in accordance with that sub-regulation.

“ (5d) There accrues to an officer who elects under sub-regulation (5c) to have his recreation leave entitlement fixed in accordance with this sub-regulation—

(a) on the anniversary, in the year next following that in which he commenced duties as an officer, of the date on which he commenced employment under the Act in a temporary capacity, a recreation leave credit of a period that would have accrued to him under sub-section 68 (4) of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable; and

(b) where the period that commences on the anniversary referred to in paragraph (a) 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 him under sub-section 68 (4) of the Act, if that sub-section had been applicable, for each complete month in that period.”;

(e) by omitting from sub-regulation (6) the words “ (not being an officer referred to in the next succeeding sub-regulation) ”; and

(f) by omitting sub-regulation (7).

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

2. Regulation 46c of the Public Service Regulations is amended by omitting from sub-regulation (3) the words “ day on which ” (wherever occurring) and substituting the words “ first day of January in the year in which ”.

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

3. Regulation 46d of the Public Service Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1) all the words after the words “ an officer ” and substituting the word “; and ”; and

(b) by inserting in sub-regulation (4), after the word “ officer ” (second occurring), the words “, during the year in which he ceased to be an officer,”.

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

4.