Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules of 1905, No. 73, are regulations made under the Commonwealth Public Service Act 1902. Enacted to provide additional provisions concerning the leave of officers in the public service, these regulations were introduced to address a gap in the existing framework that did not adequately cater to the leave entitlements of officers with meritorious service. The regulations were made by the Governor-General in Council, under the authority granted by the Commonwealth Public Service Act 1902. The policy objective of these regulations is to provide officers with an opportunity for leave of absence with full pay, based on their years of service, before they retire at the age of sixty-five years. These amendments and the subsequent repeal of a Provisional Regulation aim to improve the existing leave entitlements for public service officers.

Scope and Application

The Statutory Rules 1905 No. 73, made under the Commonwealth Public Service Act 1902, amends the existing regulations concerning leave of absence for officers with meritorious service prior to retirement at the age of sixty-five years. Specifically, the regulation grants officers who are not entitled to furlough, as per Regulation 89, leave of absence with full pay based on their years of service. The amendment introduces a tiered system for leave duration based on service length, ranging from one month for officers with less than four years of service to five months for those with sixteen years or more. These provisions apply to officers within the Commonwealth public service who meet the specified service criteria and whose retirement is imminent. The regulation also repeals the Provisional Regulation under the Act, which was notified in the Gazette on July 1, 1905. The scope of this legislative instrument is confined to the amendment of existing regulations, thereby affecting only those officers who qualify under the new criteria for leave of absence.

Key Provisions

The main operative sections of these regulations pertain to the granting of leave of absence with full pay to officers of meritorious service prior to their retirement at the age of sixty-five years (Regulation 89a). This regulation specifies the duration of leave that can be granted based on the length of service, ranging from one month for those who have served less than four years to five months for those who have served between 16 and 20 years. It is important to note that these provisions only apply to officers who are not entitled to the furlough prescribed in Regulation 89. The regulations also include the repeal of a Provisional Regulation, which was previously notified in the Gazette on July 1, 1905 (Section 2). The obligations and requirements imposed by these regulations are largely administrative in nature. The Governor-General, upon receiving a recommendation from the Permanent Head and a certificate from the Commissioner, is empowered to grant leave of absence with full pay to eligible officers. This process requires the Permanent Head to assess the officer's service and the Commissioner to certify that the officer meets the specified criteria. The regulations do not impose any direct obligations on the officers themselves, but they do require the administrative bodies to follow the specified process for granting leave. The regulations do not explicitly outline specific offences or penalties for breach. However, it is implicit that failure to follow the prescribed process for granting leave of absence with full pay could lead to legal consequences. The regulations are made under the authority of the Commonwealth Public Service Act 1902, and any breaches of the Act or its regulations could result in civil or criminal penalties as provided by the Act. The specific penalties would depend on the nature and severity of the breach, and could include fines or other sanctions as determined by the relevant authorities.