Commonwealth Employees' Furlough Act 1967

Legislation au C1967A00114 Not in force Act

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Commonwealth Employees’ Furlough

 

No. 114 of 1967

An Act to amend the Commonwealth Employees’ Furlough Act 1943-1959.

[Assented to 17 November 1967]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Employees’ Furlough Act 1967.

(2.) The Commonwealth Employees’ Furlough Act 1943-1959 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Furlough Act 1943-1967.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) The amendments made by paragraph (a) of the next succeeding section and by section 5 of this Act shall come into operation on a date to be fixed by Proclamation.


Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by omitting the definition of “approving authority” and inserting in its stead the following definition:—

“‘approving authority’ means—

(a) in relation to a person who is, or was at the time of his ceasing to be a Commonwealth employee whether by reason of death or otherwise, employed in the Department of the Senate—the President of the Senate;

(b) in relation to a person who is, or was at the time of his ceasing to be a Commonwealth employee whether by reason of death or otherwise, employed in the Department of the House of Representatives—the Speaker of the House of Representatives;

(c) in relation to a person who is, or was at the time of his ceasing to be a Commonwealth employee whether by reason of death or otherwise, employed in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department—the President and the Speaker; or

(d) in relation to any other person—the Public Service Board;”;

(b) by omitting the definition of “authority of a State”;

(c) by omitting the definition of “salary”; and

(d) by adding at the end thereof the following sub-section:—

“(2.) A reference in this Act to any Territory of the Commonwealth or to a Territory of the Commonwealth shall be read as including a reference to the Territory of Nauru.”.

4. After section 3 of the Principal Act the following sections are inserted:—

Meaning of authority of a State.

“3a. Subject to the regulations made in accordance with the next succeeding section, a reference in this Act to an authority of a State shall be read as a reference to a public authority, not being a local governing body, constituted under the law of a State for the purpose of discharging, subject to the direction or control of a Minister of State for the State, functions within the province of the Government of the State.

Regulations with respect to previous service with prescribed authorities, institutions and bodies.

“3b.—(1.) The regulations may provide that a person, authority, institution or body (including a company), whether incorporated or not, that is referred to in the regulations shall, for the purposes of this Act, be deemed to be, or to have been, an authority of a State.


“(2.) The regulations may provide that previous employment of a Commonwealth employee in the service of a person, authority, institution or body (including a company), whether incorporated or not, that is referred to in the regulations shall be taken into account for the purposes of section six of this Act as if it had been employment in the service of an authority of the Commonwealth.

“(3.) Regulations made in accordance with this section—

(a) may refer to a specified person, authority, institution or body or to persons, authorities, institutions or bodies included in a specified class of persons, authorities, institutions or bodies;

(b) may be expressed to have effect in respect only of employment in specified cases or circumstances; and

(c) may be expressed to have effect in respect only of employment on or after a particular date, before a particular date or during a particular period.

Regulations with respect to salary.

“3c.—(1.) The regulations may provide that allowances of specified kinds are to be included in salary for the purposes of this Act or of a provision of this Act.

“(2.) The regulations may prescribe the conditions subject to which, or specify the extent to which, payments in accordance with this Act, or in accordance with a provision of this Act, are to include amounts by way of, or in respect of, an allowance of a kind specified in the regulations referred to in the last preceding sub-section, including conditions having effect after the time at which leave of absence commences.

“(3.) In the case of a Commonwealth employee who receives, or of Commonwealth employees included in a class of employees who receive, salary otherwise than by way of uniform amounts in respect of uniform periods, the regulations may provide that an amount ascertained in the manner provided by the regulations is to be the annual salary, for the purposes of this Act, of the employee or of the employees included in the class of employees.”.

5. After section 4 of the Principal Act the following section is inserted:—

Delegation by Public Service Board.

“4a.—(1.) The Public Service Board may, by instrument in writing, delegate to—

(a) a member of the Board;

(b) an officer of the Public Service of the Commonwealth; or

(c) an authority of the Commonwealth, a member of such an authority or a person employed by such an authority,

either generally or to the extent provided in the instrument of delegation, all or any of the powers and functions of the Board under this Act, except this power of delegation.


“(2.) A delegation to an authority of the Commonwealth, to a member of such an authority or to a person employed by such an authority applies only in relation to a person who is employed by that authority or was so employed immediately before the time of his death or of his ceasing to be a Commonwealth employee.

“(3.) A delegation under this section is revocable in writing at will and does not prevent the exercise of a power or function by the Board.”.

Period of service.

6. Section 6 of the Principal Act is amended—

(a) by adding at the end of paragraph (b) of sub-section (3.) the word “or”;

(b) by omitting paragraphs (d) and (e) of sub-section (3.);

(c) by inserting after sub-section (4.) the following sub-section:—

“(4a.) Where a Commonwealth employee, having ceased, at any time before or after the commencement of this sub-section, to be a Commonwealth employee, resumed or resumes employment as a Commonwealth employee, the continuity of his service shall not be deemed to have been broken if the approving authority is satisfied that—

(a) his ceasing to be a Commonwealth employee was due to ill-health that was not due to misconduct or to causes within his own control; and

(b) his resumption of employment as a Commonwealth employee occurred within twelve months after he became sufficiently restored to health to engage in such employment,

but the period during which he was not a Commonwealth employee shall not be included in his period of service for the purposes of this Act.”;

(d) by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of sub-section (5.) and inserting in their stead the following word and sub-paragraph:—

“or (ii) in respect of any period of specified defence service as defined by sub-section (1.) of section seven of the Public Service Act 1922-1967 or for any of the purposes specified in section seventy-two of that Act.”; and

(e) by adding at the end thereof the following sub-sections:—

“(6.) For the purposes of this section, a person shall not be deemed to break, or to have broken, the continuity of his service by reason of his being, or having been, on leave of absence without pay, where the leave of absence is or was granted for a purpose (other than a purpose specified in the last preceding sub-section) that is prescribed.


“(7.) Where leave of absence without pay is or has been granted to a Commonwealth employee for a purpose prescribed for the purposes of the last preceding sub-section, the period during which he is or was absent on that leave does not form part of his period of service for the purposes of this Act unless the person by whom the leave is or was granted, or the approving authority, otherwise determines or otherwise determined, at the time of the grant of that leave or at a subsequent time.”.

Grant of furlough to temporary employees.

7. Section 7 of the Principal Act is amended by omitting from sub-section (2.) the words “the salary for a period of leave not exceeding that which the employee could have been granted under sub-section (1.) of this section” and inserting in their stead the words “his salary for a period not exceeding the period, or the sum of the periods, of leave on full salary that could have been granted to the employee under sub-section (1.) of this section if he had not ceased to be an employee”.

Grant of extended leave or pay in lieu to Commonwealth employees not entitled to furlough.

8.—(1.) Section 8 of the Principal Act is amended—

(a) by inserting in paragraph (a) of sub-section (1.), after the word “years”, the words “or, where under the terms or conditions of his employment he may be retired by reason only of his having attained an age less than sixty years, on or subsequent to his attaining that lesser age”;

(b) by omitting paragraphs (c) and (d) of sub-section (1.) and inserting in their stead the following paragraphs:—

“(c) where the period of service of the Commonwealth employee is less than ten years—three months; or

“(d) where the period of service of the Commonwealth employee is not less than ten years—a period of three-tenths of one month in respect of each completed year of his period of service.”;

(c) by omitting from sub-section (2.) the words “equivalent to the salary for a period of leave not exceedin3 that which the employee could have been granted under that rub-section” and inserting in their stead the words “not exceeding his salary for a period equal to the period of leave that could have been granted to the employee under that sub-section”;

(d) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) Where a person ceases to be a Commonwealth employee after a period of service of not less than four years but less than fifteen years and the approving authority is satisfied that his ceasing to be a Commonwealth employee is due to ill-health that


is permanent and is not due to misconduct or to causes within his own control, the approving authority may authorize payment to the person of a sum not exceeding his salary for a period equal to—

(a) where the period of service of the Commonwealth employee is less than eight years—two months;

(b) where the period of service of the Commonwealth employee is not less than eight years but is less than ten years—three months; or

(c) where the period of service of the Commonwealth employee is not less than ten years—three-tenths of one month in respect of each completed year of his period of service.”; and

(e) by omitting sub-section (4.) and inserting in its stead the following sub-sections:—

“(4.) Where a person—

(a) ceases to be a Commonwealth employee after a period of service of not less than ten years but less than fifteen years;

(b) is not eligible for a payment under sub-section (2.) or (3.) of this section; and

(c) satisfies the approving authority that his ceasing to be a Commonwealth employee is justified by domestic or other pressing necessity,

the approving authority may authorize payment to the person of a sum not exceeding his salary for a period equal to three-tenths of one month in respect of each completed year of his period of service.

“(5.) Where a Commonwealth employee whose period of service is not less than four years but is less than fifteen years dies, the approving authority may authorize payment to the dependants of the Commonwealth employee of a sum not exceeding the sum that could have been paid to the Commonwealth employee if, on the date on which he died, he had ceased to be a Commonwealth employee due to ill-health that was permanent and was not due to misconduct or to causes within his own control.

“(6.) The approving authority may, after consideration of all the circumstances, direct that, for the purposes of the last preceding sub-section, the death of a Commonwealth employee be presumed to have occurred on a particular date.”.

(2.) The amendments made by paragraphs (b) and (d) of the last preceding sub-section do not apply in relation to a Commonwealth employee whose period of service was, at the date on which this Act received the Royal Assent, not less than ten years.


Reduction of recreation leave by reason of furlough.

9. Section 9a of the Principal Act is repealed.

Application.

10. The amendments of the Principal Act made by sections 6, 7, 8 and 9 of this Act do not apply in relation to a Commonwealth employee who has ceased to be a Commonwealth employee before the date on which this Act receives the Royal Assent and has not again become such an employee on or after that date.

Validation.

11.—(1.) Where, before the date on which this Act received the Royal Assent, a period of employment in the service of a person, authority, institution or body has been taken into account as part of the period of service of a Commonwealth employee for the purposes of the granting of leave, or the authorization of a payment, under the Commonwealth Employees’ Furlough Act 1943, or that Act as amended at any time, and the taking into account of that period of employment would have been in accordance with law if section 3b of the Principal Act as amended by this Act and the regulations that are first made in relation to that section, had been in force at the time when the period of employment was so taken into account, that period of employment shall be deemed to have been lawfully so taken into account.

(2.) All regulations under the Principal Act in force, or purporting to be in force, immediately before the date on which this Act received the Royal Assent have, on and from that date, the same force and effect that they would have had if they had been made under the Principal Act as amended by this Act.

 

Overview

The Commonwealth Employees’ Furlough Act 1967 was enacted by the Parliament of Australia to amend the Commonwealth Employees’ Furlough Act 1943-1959, addressing issues related to furlough, leave, and payments to Commonwealth employees upon cessation of their service. The Act introduced several changes to the existing legislation, including the clarification of definitions, the expansion of the scope to include the Territory of Nauru, and modifications to the conditions for furlough and extended leave for Commonwealth employees. The policy objective of the Act was to ensure that the provisions for furlough and related benefits were updated to reflect changes in the public service landscape and to provide clearer guidelines for approving authorities in granting furlough and payments. The Act amended the Principal Act by defining the term "approving authority" to specify the relevant authorities for different departments and entities within the Commonwealth. It also expanded the definition of employment to include certain authorities of a State and regulated the inclusion of allowances in salary calculations. Additionally, the Act allowed the Public Service Board to delegate its powers and functions to certain individuals and authorities. It modified the conditions under which furlough and extended leave could be granted, including provisions for employees with interrupted service due to ill-health or other specified reasons. The Act also included validation provisions to ensure that employment periods considered before its enactment were treated as lawful.

Scope and Application

The Commonwealth Employees’ Furlough Act 1967 amends the Commonwealth Employees’ Furlough Act 1943-1959, which is referred to as the Principal Act in this amendment. The Act applies to Commonwealth employees and their service periods, defining who the approving authorities are, depending on the department or entity they were employed by. These authorities include the President of the Senate, the Speaker of the House of Representatives, the President and Speaker jointly for certain departments, or the Public Service Board for other cases. The Act also extends its application to the Territory of Nauru. The Act allows for the extension of certain provisions to previous employment with authorities specified by regulations, and it defines salary for the purposes of the Act, including allowances and other payments that may be included. The Public Service Board can delegate its powers and functions under the Act to certain members and officers, including those of the Commonwealth authorities. The Act modifies the rules for the continuity of service, including provisions for employees who cease and then resume employment due to ill-health, and it outlines the circumstances under which service continuity is not broken, such as when on prescribed leave of absence without pay. It also amends the furlough entitlements for temporary employees and the extended leave or payment in lieu for Commonwealth employees not entitled to furlough, with specific conditions based on the length of service. The Act does not apply retroactively to employees who ceased to be Commonwealth employees before it received Royal Assent.

Key Provisions

The Commonwealth Employees' Furlough Act 1967 amends the existing Commonwealth Employees' Furlough Act 1943-1959, introducing several key changes. Section 3 amends the interpretation of key terms, such as "approving authority," to clarify the roles of various officials and entities responsible for approving furlough and related matters. It also expands the definition of a State to include the Territory of Nauru. Section 3a and 3b introduce new provisions allowing for the regulation of authorities of a State and previous employment with prescribed entities, while Section 3c deals with the regulation of salary allowances. Section 4a addresses delegation by the Public Service Board, specifying how and to whom powers can be delegated, with the ability to revoke such delegations at will. The Act imposes obligations on parties involved in the furlough process. For instance, Section 6 outlines conditions under which continuity of service is maintained, including provisions for employees who resume employment after a break due to ill-health. Section 7 modifies the conditions under which furlough is granted to temporary employees, while Section 8 details the criteria and periods for extended leave or payments in lieu, especially for employees who are not entitled to furlough but have served for a certain number of years. It also provides for payments to employees who cease employment due to permanent ill-health or pressing domestic necessity, as well as to the dependants of employees who die in service. Failure to comply with the provisions of the Act can result in various consequences. Although specific penalties are not detailed within the provided text, breaches of the Act could potentially lead to civil or administrative penalties as prescribed by relevant legislation or regulations. The Act also ensures the validation of previous employment periods and regulations, safeguarding against retrospective legal challenges by deeming certain actions lawful if they would have been permissible under the amended Act.

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