Public Service Regulations (Amendment) (Cth)
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*
THE
PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority
conferred upon it by the
Dated this fourth day of September 1981.
Chairman
Commissioner
Deputy of 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 first day of October 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Industrial Relations for and on behalf of the Prime Minister.
* Notified in the
S.R. No. 12/80 Cat. No. —Recommended retail price 20c 13/3.8.1981
AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS*
(a) by inserting “or (3c)” after “sub-regulation (3)” in the definition of “date of transfer” in sub-regulation (1);
(b) by inserting before paragraph (a) of sub-regulation (3) the following paragraph:
“(aa) sub-regulation (2) applies to a prescribed officer in respect of an eligible child;”;
(c) by omitting from paragraph (a) of sub-regulation (3) all words from and including “an eligible child” (first occurring) to and including “commenced” (first occurring) and substituting “the eligible child commenced”;
(d) by inserting after sub-regulation (3) the following sub-regulations:
“(3a) Where—
(a) as a result of his transfer from one locality to another, a prescribed officer has taken up residence in, and has transferred his household to, the locality to which he has been transferred;
(b) after the date on which the prescribed officer was notified of his proposed transfer and before the date on which the prescribed officer commenced duty in the locality to which he has been transferred, an eligible child of the prescribed officer, being a child who resided with the prescribed officer immediately before the prescribed officer was notified of his proposed transfer—
(i) ceased to undertake, or did not undertake, his course of secondary education at the secondary school at which he was enrolled, or proposed to enrol, immediately before the prescribed officer was notified of his proposed transfer; and
(ii) continued to undertake his course of secondary education at a secondary school in the locality to which the prescribed officer has been transferred;
(c) it would, in the opinion of the Board, have been impracticable, if the eligible child had resided at
* Statutory Rules 1935 No. 18 as
amended to date. For previous amendments
the time with the prescribed officer, for the eligible child to have continued his studies in his course of secondary education at the secondary school referred to in sub-paragraph (b) (ii); and
(d) the eligible child commenced—
(i) to board and reside at a school or boarding establishment of a kind referred to in paragraph (7) (a) or (b); or
(ii) to board and reside, or reside, at a place of a kind referred to in paragraph (7) (c),
on a date earlier than the date on which the prescribed officer commenced duty in the locality to which he has been transferred,
boarding allowance is payable, subject to and in accordance with this regulation, to the prescribed officer in respect of that eligible child.
“(3b) The provisions of sub-regulation (3a) do not apply to a prescribed officer in respect of an eligible child of the prescribed officer who, by reason of the proposed transfer of the prescribed officer from one locality to another, enrolled at a secondary school in that other locality before 1 January 1981.
“(3c) Where sub-regulation (3a) applies to a prescribed officer in respect of an eligible child, the Board shall, for the purposes of the application of this regulation in respect of that child, declare—
(a) the date on which the eligible child commenced to board and reside at the school, boarding establishment or other place, or to reside at the other place, referred to in paragraph (3a) (d); or
(b) if the Board is of the opinion that the eligible child could, without serious prejudice to his welfare or scholastic progress, have commenced so to board and reside, or so to reside, at another date, being a date later than the date referred to in paragraph (a) and earlier than the date on which the prescribed officer commenced duty in the locality to which he has been transferred—that other date,
to be the date of transfer of that prescribed officer for the purposes of this regulation.”;
(e) by inserting hi sub-paragraph (ii) of paragraph (e) of sub-regulation (4) “or (3c)” after “sub-regulation (3)”;
(f) by omitting from paragraph (a) of sub-regulation (7) “330B” and “1300B” and substituting “410B” and “1630B” respectively;
(g) by omitting from paragraph (b) of sub-regulation (7) “510B” and “1470B” and substituting “660B” and “2055B” respectively;
(h) by omitting from paragraph (c) of sub-regulation (7) “790B” and substituting “820B”;
(j) by inserting after sub-regulation (9) the following sub-regulation;
“(9a) Where sub-regulation (3a) applies to a prescribed officer in respect of an eligible child, the child shall, for the purposes of the application of this regulation to the prescribed officer in relation to the transfer in respect of which sub-regulation (3a) so applies to the prescribed officer, be deemed to have ceased, or to cease, as the case may be, to be an eligible child—
(a) of the date on which the prescribed officer commenced duty in the locality to which he has been transferred; or
(b) on such later date as the Board may determine in relation to that child, not being a date later than the day next following the end of the school term that, on the date referred to in paragraph (a), was, or is, the current term at the school at which the child was, or is, enrolled.”;
(k) by inserting in sub-regulation (16) “,(9a) (b)” after “paragraph (9) (e)”;
(l) by inserting in paragraph (a) of sub-regulation (16) “welfare or” before “scholastic progress”;
(m) by inserting in paragraph (a) of sub-regulation (16) “,(9a) (a)” after “paragraph (9) (d)”; and
(n) by inserting in paragraph (b) of sub-regulation (16) “,(9a) (a)” after “paragraph (9) (d)”.
(a) the amount of boarding allowance payable in a year to a prescribed officer in respect of an eligible child is equal to an amount calculated in accordance with paragraph 97e (7) (a) or (b) of the Public Service Regulations as amended by these Regulations; and
(b) that amount is less than the amount of boarding allowance that would have been payable in that year to the prescribed officer under paragraph 97e (7) (a) or (b) of the Public Service Regulations, if those paragraphs had not been amended by these Regulations,
the amount of boarding allowance payable in that year to the prescribed officer in respect of an eligible child shall be calculated in accordance with paragraph 97e (7) (a) or (b) of the Public Service Regulations as if those paragraphs had not been amended by these Regulations.
(2) Notwithstanding the amendments effected by regulation 2 of these Regulations, the provisions of sub-regulation 97e (7) of the Public Service Regulations as in force immediately before the commencement of these Regulations apply in relation to the payment to a prescribed officer of boarding allowance in respect of the provision of board and residence, or residence, for an eligible child of the prescribed officer in the year that commenced on 1 January 1977, the year that commenced on 1 January 1978, the year that commenced on 1 January 1979 or the year that commenced on 1 January 1980.
(3) An expression in this regulation that is defined in regulation 97e of the Public Service Regulations has the same meaning for the purpose of this regulation as it has in that regulation.
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