Public Service Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 113

REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1972.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1972, hereby makes, subject to the approval of the Governor-General, the following Regulation.

Dated this eleventh day of May, 1973.

A. S. COOLEY

Chairman.

A. B. McFARLANE

Commissioner.

F. C. NORDECK

Deputy of a Commissioner.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulation.

Dated this eighth day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

D. R. WILLESEE

Special Minister of State for and on behalf of the Prime Minister.

 

Amendment of the Public Service Regulation 

After regulation 98ab of the Public Service Regulations the following regulation is inserted:—

Reimbursement of fares of relative who visits sick officer.

“98ac. (1) Subject to sub-regulation (3), where—

(a) an officer becomes critically ill or dangerously ill, whether as a result of injury or disease, while he is absent from his headquarters on duty;

(b) as a result of the officer’s illness, a close relative travels to the city or town where the officer is ill from another city or town for the purpose of visiting the officer while he is critically ill or dangerously ill; and

(c) the conditions specified in sub-regulation (4) are complied with,

 

*Notified in the Commonwealth Gazette on 21 June 1973.

Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote   to Statutory Rules 1973, No. 32, and see also Statutory Rules 1973, Nos. 32, 34, 37, 46, 47, 73 and 87.

 

the Commonwealth is liable to reimburse the close relative—

(d) in respect of so travelling—

(i) if the relative travels from the city or town where he ordinarily resides—an amount equal to the cost of the fares reasonably incurred by him in so travelling; or

(ii) in any other case—an amount equal to the cost of the fares reasonably incurred by him in so travelling or an amount equal to the cost of the fares that he would have reasonably incurred if he had travelled from the city or town in which he ordinarily resides, whichever is the less; and

(e) if the relative, after so travelling, returns to the city or town in which he ordinarily resides, an amount equal to the cost of the fares reasonably incurred by him in travelling to that last-mentioned city or town,

“(2) Subject to sub-regulation (3), where—

(a) the Commonwealth is liable to reimburse a close relative in respect of his fares for travelling to a city or town for the purpose of visiting an officer who is critically ill or dangerously ill;

(b) the relative, after having so travelled, does not travel to the city or town in which he ordinarily resides but travels to another city or town; and

(c) it is reasonable, in all the circumstances, for the relative to travel to that other city or town instead of the city or town in which he ordinarily resides,

the Commonwealth is liable to reimburse the relative, in addition to the amount referred to in paragraph (d) of sub-regulation (1), an amount equal to the cost of the fares reasonably incurred by him in travelling to that other city or town or an amount equal to the cost of the fares that he would have reasonably incurred if he had travelled to the city or town in which he ordinarily resides, whichever is the less.

“(3) Where the close relative of an officer who is entitled to reimbursement under sub-regulation (1) or (2) did not travel, for the purpose of visiting the officer, from the city or town in which the officer has his headquarters and did not return, after having travelled to visit the officer, to that city or town, the amount that the Commonwealth is liable to reimburse the close relative under this regulation shall not exceed the cost of the fares that he would have reasonably incurred if he had travelled from, and returned to, the city or town in which the officer has his headquarters.

“(4) the conditions referred to in paragraph (c) of sub-regulation (1) are—

(a) that a certificate under the hand of a qualified medical practitioner who has been attending the officer in connation with his illness has been furnished to the Chief Officer certifying that the officer is, at the time the certificate is given, critically ill or dangerously ill or that the officer was, during a period specified In the certificate, critically ill or dangerously ill; and

(b) That the Chief Officer has approved the reimbursement.

“(5) Where, but for paragraph (b) of sub-regulation (4), a close relative of an officer would, under sub-regulation (1), be entitled to be reimbursed in respect of the cost of his fares, the Chief Officer shall not refuse to approve the reimbursement if no other close relative would foe so entitled.

 

“(6) Where, but for paragraph (b) of sub-regulation (4), two or more close relatives would, under sub-regulation (1), be entitled to be reimbursed in respect of the cost of their fares—

(a) the Chief Officer shall approve reimbursement to one of those close relatives in respect of the cost of his fares;

(b) except as provided in sub-regulation (7), the Chief Officer shall not approve reimbursement to more than one of those close relatives in respect of the cost of his or their fares; and

(c) the Chief Officer shall, in exercising, in accordance with the preceding paragraphs of this sub-regulation, the discretion vested in him by paragraph (b) of sub-regulation (4), have regard to any wishes expressed by the officer concerning the close relative who should visit him and the general domestic circumstances of the officer.

“(7) Where a close relative of an officer is entitled to be reimbursed under sub-regulation (1) the cost of fares incurred in travelling to visit the officer and the relative was accompanied by a child of whom the relative had the care and control, the Chief Officer shall also approve reimbursement in respect of the cost of the fares of the child.

“(8) For the purpose of this regulation, each of the following persons, but no other person, is a close relative of an officer:—

(a) the spouse, a child and a parent of the officer; and

(b) any other person who is, by reason of the special circumstances of a particular case, approved by the Chief Officer as a close relative of the officer.

“(9) Where the Commonwealth would, under this regulation, be liable to reimburse a close relative in respect of the cost of fares incurred in travelling for the purpose of visiting an officer, or after having travelled for that purpose, if the relative were so to travel, the Chief Officer may pay the fares or part of the fares of the close relative for so travelling.

“(10) In this regulation, a reference to an officer shall be read as including a reference to an employee.”.