Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916, No. 307, issued under the Commonwealth Public Service Act 1902-1916, address the issue of leave granted with pay on account of sickness or ill-health, particularly in cases where the illness is caused by the misconduct of the officer or when the officer is absent without sufficient cause. Enacted by the Governor-General in Council, these regulations aim to ensure that leave with pay is not granted in such circumstances and provide a mechanism for medical examination to substantiate the reasons for absence. The policy objective is to maintain the integrity and efficiency of the public service by preventing abuse of sick leave policies. This legislative instrument, made by the Governor-General with the advice of the Federal Executive Council, underscores the importance of accountability and transparency within the public service. The regulations clarify that the Chief Officer has the authority to arrange for medical examinations, either at the officer's residence or at the practitioner's office, and to deduct fees from any payments due to the officer if the examination report is unfavorable. This ensures that public resources are not misused and that officers are held to standards of conduct and transparency.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1902-1916, specifically amending Regulation 81, apply to all officers within the Commonwealth public service. This encompasses individuals employed in the public service, and it regulates their leave entitlements, particularly those related to sickness or ill-health. The amendment concerns instances where leave may not be granted with pay if the sickness or ill-health is due to the misconduct of the officer or in cases of absence from duty without sufficient cause. The Chief Officer is empowered to arrange for a medical examination either at the officer’s residence or at the medical practitioner’s premises, with the officer required to cover the costs of the examination if the report is unfavorable or if they are absent without reasonable cause. The fees for these examinations are set at 10s. 6d. for examinations conducted at the practitioner’s rooms and £1 1s. if the practitioner must visit the officer’s residence, with potential adjustments for greater distances as agreed between the Chief Officer and the medical practitioner. These regulations are applicable on a national level across the Commonwealth of Australia and do not include any specific exclusions or exemptions within the text provided.

Key Provisions

The main operative sections of these regulations (as referenced in paragraph 81) provide that leave with pay for sickness or ill-health caused by the misconduct of an officer, or in cases of absence without sufficient cause, will not be granted. To assess such cases, the Chief Officer has the authority to arrange for a medical practitioner to examine the officer at their residence or to require the officer to attend a medical practitioner for examination. A report from the medical practitioner must then be submitted to the Chief Officer, and if the report is not favourable to the officer, or if the officer is absent from their residence during the examination without reasonable cause, a fee for the examination will be deducted from any money payable to the officer by the Government. The fee for the examination conducted at the medical practitioner's rooms is set at 10 shillings and 6 pence, while the fee for a home visit is £1, 1 shilling, with the possibility of a higher fee if the distance travelled warrants it. This fee is paid to the examining medical practitioner unless they are a permanent officer of the service, in which case the fee is paid into the Consolidated Revenue. The obligations imposed on the parties governed by these regulations include the requirement for officers to comply with requests for medical examinations and to provide reasonable cause if they are absent during such examinations. The Chief Officer is responsible for arranging for medical examinations, reviewing the reports, and making decisions on whether to deduct examination fees from officers' pay. The medical practitioner is obligated to conduct the examination and submit a report to the Chief Officer. Breach of these regulations can lead to the deduction of examination fees from an officer's pay, with potential civil or criminal consequences for non-compliance. The maximum penalties for such breaches are not specified in the text, but they could include fines or other sanctions as determined by the relevant authorities. The regulations also imply that failure to comply with the requirements for medical examinations could result in disciplinary action against the officer, potentially impacting their employment status within the Commonwealth Public Service.