STATUTORY RULES.
1921. No. 122.
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COMMONWEALTH PUBLIC SERVICE REGULATIONS (TWELFTH AMENDMENT 1921).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1918, to come into operation forthwith.
Dated this twenty-third day of June, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK,
Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
The Public Service Regulations are amended by the repeal of regulation 89a and the insertion of the following:—
89a. (1) The Governor-General may, upon the recommendation of the Commissioner, grant to any officer of satisfactory service, who has not continued in the Public Service for twenty years, prior to his retirement from the Public Service on or subsequent to his attaining the age of 60 years, leave of absence with full pay as follows:—
Service of 16 years and under 20 years—5 months.
Service of 12 years and under 16 years—4 months.
Service of 8 years and under 12 years—3 months.
Service of 4 years and under 8 years—2 months
Service of less than 4 years—1 month.
(2) Or in lieu of such leave the Governor-General may, on the recommendation of the Commissioner, grant to the officer a sum equivalent to the pay for such period of leave, or, in the event of the death of any officer who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependants of such deceased officer of a sum equivalent to the salary of such officer for the period of leave which he could have been granted under this regulation.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Twelfth Amendment 1921) were introduced to address the need for a structured leave policy for public service officers who retire after attaining the age of 60 but have not completed 20 years of service. This legislative instrument was enacted by the Governor-General in Council under the authority of the Commonwealth Public Service Act 1902-1918. The amendment provides a structured leave entitlement based on the length of service, ranging from one to five months, and an alternative cash payment option, which can also be paid to the dependants of officers who died before receiving the leave. This policy aims to provide a fair and structured retirement benefit for public service officers who have not served the full 20-year tenure.
Scope and Application
The Commonwealth Public Service Regulations (Twelfth Amendment 1921) amends the existing Public Service Regulations by adjusting the provisions related to leave of absence with full pay for officers retiring from the public service. This legislative instrument applies to officers who have completed a satisfactory service period and are retiring on or after reaching the age of 60 years, provided they have not served in the public service for twenty years. The amendment introduces a structured leave period based on the length of service, ranging from one month for service less than four years up to five months for service of 16 years and under 20 years. Alternatively, the officer may receive a monetary equivalent of the leave period or, in the case of death before the leave is granted, their dependants may receive a sum equivalent to the salary for the leave period. The regulation operates under the authority of the Commonwealth Public Service Act 1902-1918, with amendments taking effect immediately upon proclamation.
Key Provisions
The main operative sections of the Commonwealth Public Service Regulations (Twelfth Amendment 1921) concern the granting of leave of absence with full pay to officers of the Public Service who have not served for twenty years before their retirement. Regulation 89a (1) specifies that officers who have served for periods ranging from less than 4 years to under 20 years can be granted leave of absence with full pay for periods ranging from one month to five months, depending on the length of their service. Regulation 89a (2) further provides that instead of leave, the Governor-General may grant an equivalent sum of money to the officer or, in the case of an officer's death before leave is granted, authorise payment to the officer's dependants of an amount equivalent to the salary the officer would have earned during the leave period.
The obligations and requirements imposed by these regulations include the necessity for officers to have satisfactory service records and to have not served for twenty years before retirement. The Commissioner's recommendation is mandatory for the Governor-General to grant leave or the monetary equivalent, and the regulations also impose a requirement on the Commissioner to assess the officer's eligibility based on their service length and performance.
In terms of offences, penalties, or consequences for breach, the regulations themselves do not specify any criminal or civil penalties for non-compliance. However, any failure to adhere to the stipulated conditions for granting leave or payments might result in administrative or disciplinary actions against the officers or officials involved, as determined by the Public Service Act 1902-1918 or other relevant legislation. The maximum penalties would be governed by the broader legislative framework under which the Public Service Act operates.