STATUTORY RULES.
1915. No. 131.
PROVISIONAL REGULATION THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1913.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902-1913 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-eighth day of July, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
Regulation 88 is Repealed and the Following Inserted in its Stead.
Leave of absence for defence purposes.
88. (1) Leave of absence may be granted to officers who are members of the Defence Force—
(a) in cases where such absence is necessary to enable the member to fulfil the course of training prescribed in Part XII. of the Defence Act 1903-1915;
(b) who are called up for active service under the Defence Act 1903-1915; or
(c) to enable them to attend Schools of Naval or Military Instruction.
(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 daily pay of the officer, computed by dividing his annual salary by 313, exceeds his daily pay as a member of the Defence Force, when leave may be granted with pay at the rate of such excess.
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Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, enacted in 1915, was introduced to address the need for flexibility in leave arrangements for public service officers who were also members of the Defence Force. This regulation was made under the authority of the Governor-General in and over the Commonwealth of Australia, acting on advice from the Federal Executive Council, and was established due to the urgent circumstances of the time. The policy objective was to accommodate the dual roles of public service officers who were required to undertake defence-related training or active service, ensuring they could fulfil their obligations to both their public service roles and their military commitments. The regulation allows for leave of absence to be granted under specific circumstances, such as for training prescribed by the Defence Act 1903-1915 or for active service call-ups, with provisions for pay during the leave depending on the officer's salary and defence pay rates.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 provides for leave of absence for officers who are members of the Defence Force, as outlined in Regulation 88. This regulation applies specifically to officers who need to undertake training prescribed in Part XII of the Defence Act 1903-1915, those called up for active service under the same Defence Act, or those attending Schools of Naval or Military Instruction. The leave may be deducted from annual or accumulated leave at the discretion of the officer, with the option to receive full pay if deducted from leave, or without pay unless the officer's daily pay exceeds their Defence Force pay, in which case the leave may be granted with the pay differential. This regulation is intended to ensure that officers can fulfil their Defence Force obligations while maintaining their public service roles. The regulation operates on a national level, impacting all officers within the Commonwealth who meet the specified criteria.
Key Provisions
The key provision of this Statutory Rule, Regulation 88, allows for leave of absence for officers who are members of the Defence Force under certain circumstances (88(1)). Firstly, leave may be granted if it is necessary for the officer to complete a course of training prescribed in Part XII of the Defence Act 1903-1915. Secondly, leave may be granted if the officer is called up for active service under the Defence Act 1903-1915. Lastly, leave may be granted to enable the officer to attend schools of naval or military instruction. This leave may be deducted from the officer's annual or accumulated leave, in which case it will be granted on full pay, or it may be granted without pay unless the officer's daily pay as a public service officer exceeds their daily pay as a member of the Defence Force, in which case the leave may be granted with pay at the rate of the excess (88(2)).
The Act imposes specific obligations on officers who are members of the Defence Force seeking leave for the purposes outlined in Regulation 88. They must provide evidence of their membership in the Defence Force and the necessity of their absence for the purposes specified. If they choose to deduct the leave from their annual or accumulated leave, they must ensure that the leave is granted on full pay. Conversely, if the leave is not deducted from their annual or accumulated leave, it must be granted without pay unless their daily pay as a public service officer exceeds their daily pay as a member of the Defence Force, in which case it will be granted with pay at the rate of the excess.
There are no specific offences, penalties, or civil or criminal consequences outlined in this Statutory Rule for breaches of Regulation 88. However, it is important to note that failure to comply with the requirements of the regulation, such as not providing the necessary evidence of Defence Force membership or not adhering to the pay provisions, may result in disciplinary action being taken against the officer by their employing department or agency. The specific consequences of such disciplinary action would depend on the internal policies and procedures of the relevant department or agency.