Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1913 No. 95, made under the Commonwealth Public Service Act 1902-1911, were introduced to provide a structured approach to granting leave of absence with full pay to officers of the public service who were not eligible for furlough before their retirement at or beyond the age of 60. The regulation was enacted by the Governor-General in Council, representing the Federal Executive Council’s advice, and it superseded the Provisional Regulation (Statutory Rules 1913 No. 7) that was initially established on 8 January 1913. This legislative instrument aimed to provide a clear framework for leave entitlements, ensuring that officers could be granted leave based on their length of service or receive a monetary equivalent if they were ineligible for leave or had passed away before such leave could be granted.

Scope and Application

The Statutory Rules of 1913 No. 95, made under the Commonwealth Public Service Act 1902-1911, outline specific provisions regarding the grant of leave of absence with full pay to officers of the Commonwealth Public Service. This legislation applies to officers who have rendered satisfactory service and are not eligible for furlough, providing them with leave contingent upon their years of service prior to retirement at or after the age of 60. Alternatively, the officers may receive a monetary sum equivalent to the pay for the specified leave period or, in cases of death before the leave could be granted, their dependents may receive a sum equivalent to the pay the deceased officer would have earned during the leave period. The application of this regulation supersedes the Provisional Regulation made earlier in 1913, indicating its immediate and comprehensive scope within the Commonwealth's public service framework. The regulation applies to Commonwealth public service officers meeting specific eligibility criteria and service duration, thus impacting a defined subset of federal employees. Geographically, the regulation's application is national, as it pertains to the Commonwealth's public service, which operates across Australia. There are no explicit exclusions, exemptions, or thresholds outlined in the text, but the applicability is contingent upon the officer's eligibility for furlough and satisfactory service record. The regulation's provisions are direct and do not extend through subordinate instruments, remaining within the parameters set by the Commonwealth Public Service Act 1902-1911.

Key Provisions

The primary operative sections of the regulation under the Commonwealth Public Service Act 1902-1911 (C1913L00095) are found in Regulation 89a, which has been repealed and replaced with new terms. The key provision of the new Regulation 89a is that the Governor-General, upon the recommendation of the Commissioner, may grant leave of absence with full pay to any officer of satisfactory service who is not eligible for furlough, prior to their retirement from the Public Service upon or after attaining the age of 60 years (Regulation 89a(1)). The length of leave granted is dependent on the length of service, ranging from one month for less than four years of service, up to five months for 16 years or more of service (Regulation 89a(1)). Alternatively, in lieu of leave, the Governor-General may grant an officer a sum equivalent to the pay for the period of leave or, in the event of the officer's death, authorize payment to the officer's dependents of a sum equivalent to the officer's pay for the period of leave they could have been granted (Regulation 89a(2)). The regulation imposes specific obligations and requirements on the relevant parties. The Governor-General is responsible for making the decision to grant leave or an equivalent sum upon the recommendation of the Commissioner. This means that the Commissioner must assess the eligibility of the officer and recommend whether the leave or sum should be granted. The regulation also sets out the conditions for the amount of leave or equivalent sum to be granted based on the length of service of the officer. Furthermore, the regulation specifies that the leave or equivalent sum is to be granted prior to the officer's retirement from the Public Service upon or after attaining the age of 60 years. Breach of the regulation or failure to comply with its provisions may result in civil or criminal consequences. While the regulation does not explicitly state the specific offences, penalties, or consequences for breach, it is likely that failure to adhere to the terms of the regulation could result in legal action being taken against the relevant parties. The maximum penalties for such breaches are not specified within the regulation itself, but would be determined by the relevant courts or tribunals in accordance with Australian law. It is important for all parties involved to ensure strict compliance with the regulation to avoid any potential legal repercussions.