Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1931, No. 131, pertains to the Commonwealth Public Service Act 1922-1931 and outlines amendments to the Commonwealth Public Service Regulations. This legislation was enacted by the Board of Commissioners under the authority conferred by the Commonwealth Public Service Act 1922-1931, with subsequent approval from the Governor-General. The primary objective of these amendments was to address the need for regulating the leave of Commonwealth public servants who were also members of the Defence Force, specifically regarding their participation in training activities. The regulations provide detailed provisions on the conditions under which such leave can be granted, ensuring that it aligns with both their civil service duties and their Defence Force commitments, including provisions for pay and compensation in the event of injury or illness during training.

Scope and Application

The Statutory Rules 1931, No. 131, under the Commonwealth Public Service Act 1922-1931, amends the Commonwealth Public Service Regulations, specifically focusing on the leave of absence for defence purposes. This regulation applies to officers who are members of the Defence Force, including those who are Senior Cadets or serving with cadet units. The leave can be granted by the Chief Officer for attending Naval, Military, or Air Force training, with certain limitations on the total period of leave in any year and conditions regarding pay and compensation. The amendment further clarifies that leave may be deducted from recreation leave due or granted without pay, with adjustments for pay differences if the officer is compensated by the Department of Defence during the absence. The regulation also addresses the situation where officers sustain injury or contract illness during training, specifying terms for granting leave and adjustments to sick leave credit. Additionally, this regulation extends to temporary employees, with a condition that leave shall only be granted until the date when their services would have ordinarily ceased.

Key Provisions

The amendment to Regulation 51 of the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1931 primarily deals with the conditions under which leave of absence can be granted to officers who are members of the Defence Force for attending training. This leave, as outlined in section (1), is limited to the period necessary to complete the minimum annual training and one additional school, class, or course of instruction. The officer must provide evidence of the necessity for such attendance and produce a certificate of completion upon return. In section (2), the leave can be deducted from the officer's recreation leave, with full pay if so deducted, or without pay if not deducted, unless the officer's Defence Force pay is less than their civil pay for the same period, in which case they are paid the difference. Section (3) allows for leave with full pay for Senior Cadets and those serving with cadet units to attend annual training and cadet training, respectively, provided evidence of necessity is produced. Section (4) explicitly states that leave cannot be granted for training required due to inefficiency or for training related to an offence. Section (5) addresses the circumstances under which leave may be granted if an officer sustains injury or illness during training, depending on whether compensation is paid by the Department of Defence. Finally, section (6) extends these provisions to temporary employees, with leave only granted until their expected cessation of duty if their services are no longer required. The obligations imposed on officers under this regulation are to provide evidence of the necessity for attending training and to produce a certificate of attendance upon return. They must also report any injury or illness sustained during training and provide details of any compensation received. For temporary employees, the obligation is to ensure that leave is granted only until their expected cessation of duty if their services are no longer required. The regulations also impose an obligation on the Chief Officer to verify the necessity for leave and to ensure that the conditions of leave are adhered to, including the calculation of any pay differences. The regulations do not explicitly state offences or penalties for breach, but breaches of the conditions for granting leave, such as providing false evidence or not adhering to the specified conditions for leave, could potentially be addressed under the broader provisions of the Commonwealth Public Service Act 1922-1931 or other relevant legislation. Typically, breaches of public service regulations can result in disciplinary action, which may include fines, suspension, or termination of employment, depending on the severity of the breach. The exact penalties would be determined in accordance with the applicable laws and regulations at the time of the breach.