STATUTORY RULES.
1917. No. 147.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1916.
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 1902-1916, to come into operation forthwith.
Dated this second day of July, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for the Prime Minister.
Amendment of Commonwealth Public Service Regulations.
The Public Service Regulations are amended by the repeal of sub-regulation (2) of regulation 88 and the substitution therefor of the following:—
(2) Such leave may, at the option of the officer, be deducted from annual or accumulated leave, and in respect of the period so deducted shall be granted on full pay; otherwise it shall be granted without pay unless the amount of pay which the officer would have received if he had been on duty exceeds the amount of pay, excluding pay for Sundays and holidays, received as a member of the Defence Force, when he shall be paid the difference.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.7938.—Price 3d.
Overview
The Statutory Rules of 1917, No. 147, represents a legislative instrument made under the Commonwealth Public Service Act 1902-1916, aimed at amending the Commonwealth Public Service Regulations. Enacted by the Governor-General in Council, these regulations were designed to address gaps in the public service framework, specifically concerning the leave entitlements of officers. The policy objective of these amendments is to provide clearer guidelines on how leave can be deducted from annual or accumulated leave and to specify the conditions under which officers are paid during leave periods, ensuring that officers are compensated fairly based on their potential earnings if they were on duty. This regulation came into effect immediately upon its enactment on 2nd July 1917, reflecting the urgency to refine the operational aspects of public service leave policies.
Scope and Application
The Regulations under the Commonwealth Public Service Act 1902-1916 apply to public service officers within the Commonwealth of Australia, governing the terms and conditions of their leave and pay. These Regulations are designed to provide a comprehensive framework for the management of leave entitlements and the corresponding pay arrangements for public service officers. The scope of the Regulations encompasses the adjustment of leave deductions and the corresponding pay implications, specifically altering the conditions under which leave may be deducted from annual or accumulated leave, and the pay entitlements during such leave periods. The Regulations are applicable nationally, extending across the entire Commonwealth, thereby ensuring uniformity in the application of leave and pay provisions across all federal public service entities. The Regulations further refine the leave provisions by introducing specific conditions under which leave can be deducted from annual or accumulated leave and the pay implications during such leave periods. Any exclusions, exemptions, or thresholds are not explicitly mentioned within the provided excerpt, and it is implied that the Regulations would adhere to the broader legislative intent of the Commonwealth Public Service Act 1902-1916. The application of these Regulations can be extended or further detailed through subordinate instruments, which may provide additional clarity or specific operational guidelines for public service officers.
Key Provisions
The primary operative sections of this legislation pertain to the amendment of the Commonwealth Public Service Regulations, specifically altering sub-regulation (2) of regulation 88 (sub-regulation 88(2)). This change allows officers to choose whether their leave is deducted from their annual or accumulated leave and to receive full pay during that leave period. Alternatively, if the leave is not deducted from their leave balance, it can be granted without pay, unless the officer would have received more pay while on duty than they would as a member of the Defence Force, in which case they would be paid the difference (sub-regulation 88(2)).
These regulations impose obligations on Commonwealth public service officers by providing them with a choice in how their leave is managed in terms of pay. Officers now have the option to have their leave deducted from their annual or accumulated leave while receiving full pay, or to be granted leave without pay, subject to the condition that if they would have earned more on duty than in the Defence Force, they will receive the difference in pay. This amendment allows for flexibility in leave management while ensuring fair compensation for officers.
Breach of these regulations may not explicitly outline specific offences, penalties, or consequences within the text provided. However, as these regulations are under the Commonwealth Public Service Act 1902-1916, non-compliance with public service regulations could potentially result in disciplinary action, as per the provisions of the Act. The Act may include provisions for fines, termination of employment, or other administrative actions for violations of public service regulations. The maximum penalties for such breaches would be determined by the relevant sections of the Commonwealth Public Service Act 1902-1916, which are not specified in this particular statutory rule.