STATUTORY RULES.
1925. No. 193.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924 (FORTY-SEVENTH AMENDMENT, 1925).
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 amendment of the Regulations, such amendment to come into operation forthwith.
Dated this twenty-second day of October, 1925.
W. J. Skewes, Acting Chairman, Board of
J. P. McGlinn, Commissioner, Commissioners.
W. J. Clemens, Deputy Commissioner,
Approved in Executive Council this third day of November, 1925.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1923, No. 93, as amended to this date.)
Regulation 138 is amended—
(a) by omitting paragraphs (c) and (d) from sub-regulation (1) and inserting in their stand the following paragraphs:—
“(c) where the employee has completed twenty-six days’ actual duty, the Chief Officer may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows.—
(i) with pay, at the rate of one day for each twenty-six days of service in respect to which no sick leave with pay has been previously granted, subject to the production of a medical certificate when the absence exceeds one day or the employee has been previously absent for more than one day with pay on two or more occasions; and
(ii) without pay, at the rate of two days for each twenty-six days of service;
(d) the leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and twenty-four days without pay,”
C.16296.—Price 3d.
(b) by omitting sub-regulation (2) thereof and inserting in its stead the following sub-regulation:―
“(2) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Chief Officer is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions.—
(a) application for leave shall be made in writing stating the cause of absence and; if the leave is applied for with pay, supported by a medical certificate when absence exceeds one day or the employee has previously been absent for one day with pay on two or more occasions;
(b) during the first twelve months of continuous service the leave granted shall not exceed twenty-four days and shall be without pay; and
(c) after completion of twelve months’ continuous employment the leave granted shall be at the rate of one day with pay and two days without pay for every twenty-six days’ service, but not more than six days with pay and twenty-four days without pay shall be granted in any twelve months.”
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 Regulations (Forty-Seventh Amendment) 1925 was enacted to amend the existing regulations under the Commonwealth Public Service Act 1922-1924. The Board of Commissioners, exercising their authority under the Act, introduced this amendment, which received the approval of the Governor-General and came into operation immediately. The primary objective of this legislative instrument was to revise the conditions under which employees could be granted leave of absence due to illness, particularly modifying the rates and conditions for leave with and without pay, and establishing limits on the total leave that could be granted within a twelve-month period. This was achieved by amending Regulation 138, thereby updating the provisions to reflect changes in public service employment practices and conditions.
Scope and Application
The Regulations under the Commonwealth Public Service Act 1922-1924 (Forty-seventh Amendment, 1925) apply to employees within the Commonwealth Public Service, including both permanent and temporary employees, as well as returned soldiers. The amendment specifically pertains to the conditions under which leave of absence due to illness can be granted, setting out detailed provisions regarding the duration and pay conditions for such leave. The geographic reach of these regulations is nationwide, as it pertains to the Commonwealth Public Service, which operates across the entire Commonwealth of Australia. The regulations specify exclusions and conditions for the granting of leave, such as the requirement for a medical certificate for absences exceeding one day or for employees who have been previously absent with pay on two or more occasions. The amendment also details thresholds for the amount of leave that can be granted within a twelve-month period, distinguishing between leave with pay and without pay, and differentiating between employees who have completed twelve months of service and those who have not. The Board of Commissioners, with the approval of the Governor-General, exercises the authority to make these amendments, which come into operation immediately.
Key Provisions
The key operative sections of these Regulations under the Commonwealth Public Service Act 1922-1924, as amended, are found in Regulation 138. The regulation pertains to the conditions under which leave of absence due to illness may be granted to employees. Specifically, Regulation 138(1)(c) and (d) provide that where an employee has completed twenty-six days of actual duty, the Chief Officer may grant leave of absence if satisfied that the absence is due to illness beyond the employee’s control. This leave may be granted with pay or without pay, with specific rates and maximums outlined in the regulation. For example, employees may receive up to twelve days of paid leave and twenty-four days of unpaid leave within any twelve-month period. Regulation 138(2) addresses temporary employees who are not returned soldiers, stipulating that they may also be granted leave of absence due to illness if certain conditions are met. This includes written applications, medical certificates under certain circumstances, and limits on the amount of leave granted, which varies depending on the length of service.
The Act imposes several obligations on both the employees and the Chief Officer. For employees, the primary obligation is to apply for leave of absence in writing, providing details of the cause of absence and, if applicable, a medical certificate. Temporary employees must adhere to stricter conditions, such as being limited to twenty-four days of unpaid leave during their first twelve months of service. The Chief Officer, on the other hand, must be satisfied that the absence is due to illness beyond the employee’s control before granting leave. The Chief Officer also needs to ensure that the leave granted complies with the stipulated rates and maximums, particularly for temporary employees.
Failure to comply with the provisions of these Regulations can result in various consequences. Although the exact nature of these consequences is not explicitly detailed in the provided text, it can be inferred that breaches of the stipulated conditions for leave could lead to disciplinary actions or other administrative penalties. The regulation does not explicitly mention penalties but implies that adherence to the outlined procedures and conditions is crucial to avoid adverse outcomes. It is also likely that any significant deviation from the prescribed leave conditions could lead to further investigation or corrective measures by the relevant authorities.