Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1915, No. 197, enacted under the Commonwealth Public Service Act 1902-1915, provides for the regulation of leave of absence for officers who are members of the Defence Force. The regulation was introduced to address the need for a structured framework governing the leave of absence for public service officers who are also members of the Defence Force. This regulation was issued by Sir Arthur Stanley, the Governor of the State of Victoria, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution and the advice of the Federal Executive Council. The underlying policy objective is to ensure that officers who are also members of the Defence Force can fulfil their training requirements, attend active service, or participate in military instruction without undue financial burden, thereby supporting both their public service roles and Defence commitments. The regulation supersedes Provisional Regulation (Statutory Rules 1915, No. 131) and comes into operation immediately, effective from its date of issue. It grants leave of absence for Defence purposes, including necessary training, active service call-ups, and attendance at military instruction schools, with provisions for either paid or unpaid leave depending on the officer's circumstances. This regulation is part of the broader legislative effort to maintain a cohesive and supportive framework for public service officers with Defence affiliations.

Scope and Application

This statutory rule, made under the Commonwealth Public Service Act 1902-1915, outlines provisions regarding leave of absence for officers who are members of the Defence Force. It applies to officers who require leave for specific Defence Force-related purposes such as fulfilling training requirements under the Defence Act 1903-1915, being called up for active service, or attending naval or military instruction schools. The regulation allows for this leave to be taken either from annual or accumulated leave, in which case it is granted on full pay, or without pay, unless the officer's daily pay exceeds their Defence Force daily pay, in which case the leave may be granted with the pay difference. This regulation supersedes a previous provisional regulation and applies nationally, within the jurisdiction of the Commonwealth of Australia, governing the terms under which Defence Force members may be granted leave from their Commonwealth public service duties.

Key Provisions

The regulation under the Commonwealth Public Service Act 1902-1915, specifically Regulation 88, governs the leave of absence for officers who are members of the Defence Force. This leave can be granted in three circumstances: (1) when the absence is necessary to fulfil the course of training prescribed under Part XII of the Defence Act 1903-1915; (2) when the officer is called up for active service under the Defence Act 1903-1915; and (3) when the officer needs to attend schools of naval or military instruction. The leave can either be deducted from the officer’s annual or accumulated leave, in which case it is granted on full pay, or it can be granted without pay. However, if the officer’s daily pay as a public service employee exceeds their daily pay as a member of the Defence Force, the leave can be granted with pay at the rate of such excess. Under this regulation, the obligations of the parties involved primarily revolve around the granting and deducting of leave. The employer must ensure that leave is granted to Defence Force members under the specified circumstances. This includes ensuring that if leave is deducted from an officer’s annual or accumulated leave, it is granted on full pay. Additionally, if the officer’s daily pay as a public service employee is higher than their Defence Force pay, the leave must be granted with pay at the rate of the excess. Conversely, the Defence Force member must notify their employer of their need for leave in a timely manner and provide any necessary documentation to substantiate the need for leave under the Defence Act. The regulation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the requirements for granting leave to Defence Force members could potentially result in legal action. For instance, if an employer fails to grant leave or improperly deducts leave without adhering to the pay provisions, this could lead to grievances or complaints being filed under the relevant employment or Defence Force regulations. While specific penalties are not stated in the regulation, breaches could result in administrative or disciplinary actions against the employer or the employee, depending on the circumstances and the governing body’s policies.