Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917 No. 266, which were enacted under the Commonwealth Public Service Act 1902-1917, were introduced to address the need for amendments in the leave entitlements for Commonwealth public servants. These regulations were made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and aim to modify the existing regulations concerning leave of absence. Specifically, the regulations focus on removing the stipulation that leave of absence granted on occasions other than specified ones would be without pay, thereby altering the financial implications of leave for public servants. This legislative instrument represents an effort to refine and improve the conditions of service for public employees within the Commonwealth public service framework.

Scope and Application

This statutory rule, numbered 1917 No. 266, pertains to the regulation of the Commonwealth Public Service Act 1902-1917. It specifically modifies Regulation 88a of the Commonwealth Public Service Regulations by removing the clause that mandated leave of absence granted on certain occasions to be without pay. This amendment, made under the authority of the Governor-General acting on the advice of the Federal Executive Council, is designed to affect the conditions of leave for public servants within the Commonwealth public service. The regulation applies to all individuals employed under the Commonwealth Public Service Act, encompassing various departments and agencies within the federal government. The amendment is applicable across the entire Commonwealth, thus extending its reach to all states and territories within Australia, ensuring a uniform application of the revised leave provisions. There are no stated exclusions or exemptions within the text, and the regulation is effective immediately upon its enactment. While the primary focus of these regulations is on the federal level, the impact may also indirectly influence state and territory public service policies, given the interconnected nature of public service employment across different levels of government.

Key Provisions

The main operative section of the Statutory Rules 1917 No. 266 pertains to the amendment of Regulation 88a under the Commonwealth Public Service Regulations, as previously established in 1913 (Regulation 88a). Specifically, the amendment removes the clause that allowed leave of absence granted on occasions other than specified circumstances to be without pay (Regulation 88a(1)). This means that all leave of absence, unless explicitly otherwise stated, will now come with pay. This change applies to employees within the Commonwealth public service as defined by the Commonwealth Public Service Act 1902-1917. The obligations and requirements imposed by this regulation on the parties or entities it governs include ensuring that any leave of absence granted to employees under the Commonwealth Public Service is now to be paid, except where specific exceptions are outlined in other regulations or legislation. This change means that employers within the Commonwealth public service must adjust their payroll and leave management systems to account for the new requirement that all leave of absence, unless otherwise specified, must include pay. This amendment seeks to provide a more consistent and fair approach to leave entitlements within the public service. The Statutory Rules 1917 No. 266 does not explicitly outline specific offences, penalties, or consequences for non-compliance with the amended Regulation 88a. However, any failure to adhere to the amended regulation could potentially lead to legal disputes or claims by employees regarding unpaid leave. Such disputes could result in the need for administrative or judicial intervention to ensure compliance with the new requirements. While the regulation itself does not specify a maximum penalty for non-compliance, the implications of non-compliance could include financial liabilities for the government and potential legal actions by affected employees.