STATUTORY RULES.
1918. No. 188.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1917 (SEVENTH AMENDMENT 1918).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1917 to come into operation forthwith.
Dated this seventeenth day of July, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
for Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules No. 1913/341, as amended by Statutory Rules No. 1916/307.)
Regulation 81 of the Commonwealth Public Service Regulations is repealed, and the following is inserted in its stead:—
81 (1.) No leave shall be granted with pay on account of sickness or ill-health caused by the misconduct of the officer or in any case of absence from duty without sufficient cause. To satisfy himself on such points, the Chief Officer may arrange with a medical practitioner to visit and examine the officer or may require the officer to attend on a medical practitioner for examination. The medical practitioner shall furnish a report of his examination to the Chief Officer, and if such report is, in the opinion of the Chief Officer, not favorable to the officer concerned, or if the officer is not available for examination at the time of the medical practitioner’s visit without, in the opinion of the Chief Officer, reasonable cause therefor, a fee for the examination shall be deducted from any money which is or becomes payable to the officer by the Government. The fee for examination shall be 10s. 6d. if conducted at the rooms of the medical practitioner and £1 1s if he is required to visit the officer: provided that in any case where the distance to be travelled would, in the opinion of the Chief Officer, warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Chief Officer and the medical practitioner. The fee shall be paid to the examining medical practitioner unless he be a permanent officer of the Service, when it shall be paid into the Consolidated Revenue.
(2.) An officer shall submit himself to medical examination when required to do so by the medical practitioner selected by the Chief Officer.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The Statutory Rules 1918, No. 188, titled "Regulations Under the Commonwealth Public Service Act 1902-1917 (Seventh Amendment 1918)", were enacted to address specific issues within the administration of public service regulations, particularly concerning leave granted on account of sickness or ill-health. This legislative instrument was introduced to amend existing regulations, ensuring more stringent controls and accountability over medical examinations and fees related to public service officers. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the primary objective of these regulations is to prevent the abuse of leave entitlements due to misconduct or unsubstantiated absences, thereby maintaining the integrity and efficiency of the public service.
Scope and Application
The regulations under the Commonwealth Public Service Act 1902-1917, as amended by Statutory Rules 1918 No. 188, pertain specifically to Commonwealth public servants and their eligibility for leave with pay in cases of sickness or ill-health. These regulations apply to all officers within the Commonwealth Public Service and are intended to ensure that leave with pay is not granted for absences caused by misconduct or without sufficient cause. The Chief Officer is authorised to arrange for medical examinations to ascertain the validity of an officer’s claim for leave due to health reasons, with the option to either visit the officer or require the officer to attend a medical practitioner. A fee for these examinations is set at 10s. 6d. if conducted at the practitioner's rooms, and up to £1 1s. if the practitioner must visit the officer, with potential adjustments for excessive travel distances. This regulation extends the scope of the Commonwealth Public Service Act by providing detailed guidelines on the conditions under which medical examinations are conducted and the implications for officers' remuneration if the examination results are unsatisfactory.
Key Provisions
The main operative sections of these regulations pertain to the conditions under which leave with pay may be granted in cases of sickness or ill-health. Regulation 81(1) specifically prohibits leave with pay if the officer's sickness or ill-health is caused by their own misconduct or if the absence from duty lacks sufficient cause. To verify these conditions, the Chief Officer is empowered to arrange for a medical practitioner to visit and examine the officer, or alternatively, require the officer to attend a medical examination. The officer must comply with a medical examination when requested by a medical practitioner selected by the Chief Officer, as stipulated in Regulation 81(2).
The Act imposes several obligations on the officers and the Chief Officer. Officers must make themselves available for medical examinations when required, ensuring that they comply with the Chief Officer's instructions regarding such examinations. The Chief Officer is tasked with arranging for medical examinations and making decisions based on the medical practitioner's reports. In cases where the medical report is unfavourable or the officer is unavailable for examination without reasonable cause, the Chief Officer may deduct a fee from the officer's pay. The fee for an examination conducted at the medical practitioner's rooms is set at 10s. 6d., while an examination at the officer's location incurs a fee of £1 1s, or more if the distance justifies a higher amount as agreed between the Chief Officer and the medical practitioner.
Breaches of the provisions in these regulations can result in significant consequences. If an officer is found to be absent from duty without sufficient cause or if their illness is due to misconduct, they may be denied leave with pay. Moreover, failure to submit to a medical examination when required can lead to the deduction of a fee from their pay. The maximum penalty for non-compliance with these regulations is the deduction of examination fees, which can amount to £1 1s depending on the circumstances. These penalties serve as a deterrent to ensure adherence to the stipulated conditions for leave with pay.