Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules of 1934, No. 102, titled "Regulations under the Commonwealth Public Service Act 1922-1933," were introduced to provide specific guidelines for leave granted to officers who are also members of the Defence Force, attending training camps, schools, classes, or courses. Enacted by the Board of Commissioners appointed under the Commonwealth Public Service Act 1922-1933 and approved by the Governor-General, these regulations were designed to ensure that the public interest is safeguarded while allowing for necessary military training. The policy objective was to balance the requirements of public service with the needs of national defence, allowing officers to attend required training without significant financial loss or disruption to their service. These regulations aimed to clarify the conditions under which leave could be granted to officers for defence-related training, addressing potential gaps in the existing public service leave policies. By specifying terms for leave with full pay and provisions for sick leave or compensation in case of injury or illness during training, the regulations sought to provide a structured framework that facilitated both the public service and defence force requirements.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1933 apply specifically to officers who are members of the Defence Force and are designed to govern the granting of leave for defence purposes. The regulations establish conditions under which leave for training can be granted with full pay or without pay, contingent upon the necessity for attendance being evidenced and a certificate of attendance being produced upon completion of the training. Importantly, these provisions ensure that leave granted with pay does not reduce an officer’s recreation leave entitlement. The regulations also address scenarios where officers sustain injury or illness during training, outlining terms for additional leave or compensation based on whether the Department of Defence provides compensation for the injury or illness. Additionally, the regulations extend to temporary employees, although leave is limited to the duration until the employee’s services are no longer required. The application of these regulations is subject to approval by the Governor-General and is specific to the Commonwealth jurisdiction.

Key Provisions

The primary operative sections of the regulation concern leave for defence purposes for officers who are members of the Defence Force (Regulation 51). Specifically, this regulation allows for leave of absence for attendance at Naval, Military or Air Force training, under certain conditions. For instance, leave may be granted with full pay for the minimum annual training required in the year of an officer's unit or corps (Regulation 51(1)(a)). Similarly, leave with full pay for two days, and without pay for any additional period, may be granted for attendance at one school, class, or course of instruction in the year, provided that evidence of the necessity for such attendance is submitted, and a certificate of attendance is produced upon conclusion of the camp, school, class, or course of instruction (Regulation 51(1)(b)). This leave with pay shall not be deducted from recreation leave (Regulation 51(2)). Moreover, if an officer sustains injury or contracts illness necessitating his absence from duty beyond the period of leave with full pay granted under this regulation, leave may be granted under certain terms based on whether compensation is paid by the Department of Defence (Regulation 51(3)). This regulation also extends to temporary employees, with leave only being granted up until the date on which they would have ordinarily ceased duty if their services are no longer required (Regulation 51(4)). The regulation imposes specific obligations on the parties it governs. Officers who are members of the Defence Force must apply for leave of absence for defence purposes under the conditions set out in the regulation (Regulation 51(1)). They must provide evidence of the necessity for their attendance at the required training or instruction and submit a certificate of attendance upon completion. Furthermore, if an officer sustains injury or contracts illness during the training, they must notify the Chief Officer and provide relevant documentation to determine the terms of any additional leave granted (Regulation 51(3)). The Chief Officer, in turn, is responsible for assessing applications for leave and ensuring compliance with the regulation's conditions. There are no explicit offences, penalties, or civil/criminal consequences outlined in the regulation for breach of its provisions. However, failure to comply with the conditions for leave of absence or providing false evidence could potentially lead to disciplinary action under other provisions of the Commonwealth Public Service Act 1922-1933 or relevant Defence Force regulations. Such actions could result in sanctions such as reprimands, fines, or other administrative penalties, depending on the severity and nature of the breach.