Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916, No. 287, constitutes a regulation made under the Commonwealth Public Service Act 1902-1916. This legislation, enacted by the Governor-General in Council, came into effect on 1 October 1916, addressing the need to amend existing public service regulations to accommodate officers who are members of the Defence Force. This regulation was introduced to ensure that public service officers could fulfil their training obligations under the Defence Act 1903-1915, including attending necessary courses or Schools of Naval or Military Instruction, without compromising their employment status. The objective of this regulation is to provide flexibility within the public service to support national defence commitments and the professional development of Defence Force members.

Scope and Application

The Regulation, made under the Commonwealth Public Service Act 1902-1916, amends the Commonwealth Public Service Regulations by modifying the provisions concerning leave of absence for officers who are also members of the Defence Force. Specifically, the regulation repeals Sub-regulation (1) of Regulation 88, which previously outlined the circumstances under which leave of absence could be granted to Defence Force members, and replaces it with new provisions. These provisions now allow leave of absence for Defence Force members either to complete the course of training prescribed under Part XII of the Defence Act 1903-1915 or to attend Schools of Naval or Military Instruction. This regulation applies to all officers in the Commonwealth Public Service who are also members of the Defence Force, thus ensuring that their dual roles are accommodated within the public service framework. The scope of the amendment is limited to the specific circumstances of leave for Defence Force training, without extending to other forms of leave or other categories of public servants.

Key Provisions

The main operative sections of this legislative instrument are found in the amendments to the Commonwealth Public Service Regulations. Specifically, Sub-regulation (1) of Regulation 88 is repealed and replaced with new provisions concerning leave of absence for officers who are members of the Defence Force (Sub-regulation 88(1)). This new sub-regulation provides that leave of absence may be granted to such officers if the absence is necessary either to enable them to fulfil the course of training prescribed in Part XII of the Defence Act 1903-1915 or to enable them to attend Schools of Naval or Military Instruction. This change clarifies the circumstances under which Defence Force members can be granted leave from their public service roles. The obligations and requirements imposed by these provisions on the parties or entities governed by the Act primarily involve the Public Service and Defence Force members who are also public service officers. Public service officers who are Defence Force members must now follow the updated criteria for leave of absence as stipulated in the new Sub-regulation 88(1). This means they need to ensure that any leave requested aligns with the specified reasons: attending required training or educational institutions as part of their Defence Force duties. The Public Service authorities, in turn, are required to review and approve leave applications based on these updated criteria to ensure compliance with the new regulations. The legislation does not explicitly outline specific offences, penalties, or consequences for breach within the provided text. However, it is reasonable to infer that any non-compliance with the leave provisions could lead to disciplinary actions under the Public Service Act or Defence Act, as applicable. Such actions might include formal warnings, suspension, or more severe penalties depending on the nature and extent of the non-compliance. The exact consequences would typically be determined by the relevant authorities based on their respective regulations and the specific circumstances of the breach.