Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1936 No. 143, Regulations under the Commonwealth Public Service Act 1922–1934, were enacted to provide leave for officers who are members of the Defence Force, enabling them to attend training camps, drills, parades, schools, classes, or courses of instruction as part of their unit's activities. This regulation was issued by the Board of Commissioners appointed under the Commonwealth Public Service Act 1922–1934 and was approved by the Governor-General in 1936. The policy objective behind this regulation is to ensure that public service officers engaged in defence activities can attend necessary training without the risk of losing their full pay or accruing deductions to their recreation leave, while also providing provisions for leave and compensation if they sustain injuries or illnesses during these activities.

Scope and Application

The Statutory Rules 1936 No. 143, made under the Commonwealth Public Service Act 1922–1934, governs the conditions under which Commonwealth public service officers who are members of the Defence Force can be granted leave of absence for attending training camps, drills, parades, schools, classes, or courses of instruction. This regulation applies to officers who are members of the Defence Force, including temporary employees, and mandates that leave must be granted with full pay provided that evidence of necessity and a certificate of attendance are submitted. The leave granted under this regulation is not deducted from recreation leave. Furthermore, the regulation outlines the conditions for granting leave without pay or sick leave if an officer sustains injury or contracts illness during the training. It is applicable nationally within the Commonwealth, extending to temporary employees only until the date their services are no longer required. The regulation does not explicitly mention any exclusions or exemptions, and its application can be further defined through subordinate instruments.

Key Provisions

The primary operative sections of these regulations, specifically Regulation 51, concern the grant of leave for officers in the Defence Force to attend training camps, drills, parades, schools, classes or courses of instruction. Section 51(1) mandates that such leave must be granted by the Chief Officer with full pay, provided that evidence of necessity is submitted and a certificate of attendance is produced upon completion of the training. Section 51(2) stipulates that this leave should not be deducted from recreation leave, and Section 51(3) outlines the terms under which leave may be granted if the officer sustains injury or contracts illness, depending on whether compensation is paid by the Department of Defence. The regulation also extends to temporary employees, as per Section 51(4), with specific conditions on the cessation of duty. These regulations impose several obligations on the parties involved. The Chief Officer must review and approve applications for leave, ensuring that evidence of necessity and certificates of attendance are provided. The Defence Force officers are required to submit applications and certificates as stipulated. The Department of Defence must compensate officers who sustain injury or contract illness during the training, impacting the terms of leave granted. The regulations do not explicitly state offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the stipulations regarding evidence and certificates could potentially lead to non-approval of leave or other administrative actions taken by the Chief Officer. The lack of explicit penalties suggests that enforcement might be reliant on administrative measures rather than formal sanctions.