STATUTORY RULES.
1926. No. 34
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924 (ELEVENTH AMENDMENT, 1926).
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922-1924, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the Governor-General, hereby makes the following amendments of the Regulations, such amendments to come into operation forthwith.
Dated this sixteenth day of March, 1926.
C. B. B. White, Chairman, | |
W. J. Skewes, |
J. P. McGlinn, |
Approved in Executive Council this twenty-fourth day of March, 1926.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
C. W. C. MARR,
for Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1923, No. 93, as amended to this date.)
Regulation 137 is amended—
(a) by adding at the end of sub-regulation (1) thereof the following further proviso:—
“Provided further that in any case in which an employee in the twelve months preceding the date on which his recreation leave accrues has been absent on approved leave (other than leave under regulation 51 and such other leave as the Board from time to time determines) for more than twenty-six working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each twenty-six working days of absence, excluding the first twenty-six working days.”; and
C.3905.—Price 3d.
(b) by adding at the end thereof the following sub-regulation:—
“(4) For the purpose of determining eligibility for leave under sub-regulation (1) of this regulation, any discontinuance of employment for any period not exceeding six working days shall not be regarded as a break in the continuity of employment if such discontinuance was entirely due to the requirements of the Service. Additional time equal to the total period of such discontinuance shall, however, be worked before the temporary employee may be regarded as having completed twelve months’ continuous service.”.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Act 1922-1924 was enacted to provide a framework for the administration of the Commonwealth Public Service. This legislation was introduced to address the need for a structured and efficient public service in Australia. The Board of Commissioners, established under this Act, was tasked with making regulations to govern various aspects of the public service, including leave entitlements for employees. The Eleventh Amendment to the Regulations, issued in 1926, was approved by the Governor-General and aimed to modify the conditions under which recreation leave could be granted to public servants, particularly focusing on the impact of prior leave taken on the accrual and eligibility for future leave. The policy objective was to ensure fair and equitable leave practices within the public service while maintaining operational efficiency.
Scope and Application
The Legislative Instrument C1926L00034 pertains to amendments made to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924. These regulations specifically target employees within the Commonwealth public service, modifying provisions related to recreation leave accrual. The amendments apply to individuals who have been absent from work on approved leave, excluding certain specified types, for more than twenty-six working days within the twelve months preceding the accrual of their recreation leave. The regulations introduce a deduction in the leave period based on the number of working days of absence beyond the threshold of twenty-six days. Additionally, the amendments clarify that short-term employment interruptions, not exceeding six working days and solely due to service requirements, will not disrupt the continuity of employment for leave eligibility purposes, though the employee must compensate for the time missed before being eligible for leave. The changes are implemented nationally across the Commonwealth public service, affecting the terms and conditions of leave entitlements for public servants.
Key Provisions
The main operative sections of these regulations under the Commonwealth Public Service Act 1922-1924 involve amendments to Regulation 137, which pertains to the granting of recreation leave to employees. Regulation 137(1) now includes a further proviso (Regulation 137(1)(a)) stating that if an employee has been absent on approved leave (excluding leave under Regulation 51 and other leave as determined by the Board) for more than twenty-six working days within the twelve months preceding the accrual of their recreation leave, their leave period is subject to a deduction of one and a half days for each twenty-six working days of absence, excluding the first twenty-six working days. Additionally, a new sub-regulation 137(4) has been added (Regulation 137(1)(b)), which specifies that any discontinuance of employment for a period not exceeding six working days shall not be considered a break in the continuity of employment if it was due to the requirements of the service. However, additional time equal to the period of such discontinuance must be worked before the temporary employee is regarded as having completed twelve months’ continuous service.
These regulations impose specific obligations and requirements on employees and the Board of Commissioners. Employees must ensure that their absence from work does not exceed the stipulated limits on approved leave, as exceeding these limits will result in a deduction from their recreation leave. The Board of Commissioners must monitor and enforce these leave regulations to maintain consistency and fairness within the public service. They must also determine which types of leave fall under Regulation 51 and other categories as deemed necessary, ensuring that these are appropriately managed and recorded.
Failure to comply with these regulations may result in various consequences. While the specific offences and penalties are not detailed in the text, it can be inferred that non-compliance with leave regulations could lead to disciplinary action against employees, potentially including deductions from their leave entitlements or other administrative penalties. The Board of Commissioners is tasked with ensuring adherence to these regulations, and their enforcement mechanisms would be in place to address any breaches, thereby maintaining the integrity of the public service leave system.