STATUTORY RULES.
1926. No. 41.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924 (FIFTEENTH 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 amendment of the Regulations, such amendment to come into operation forthwith.
Dated this twenty-third day of March, 1926,
C. B. B. White, Chairman, | |
W. J. Skewes, |
J. P. McGlinn, |
Approved in Executive Council this thirty-first 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.)
After regulation 58 the following regulation is inserted:—
“58a. (1) Upon report by a duly qualified medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by Commonwealth or State law in respect of such disease, an officer is unable to attend for duty the Chief Officer may grant the officer leave of absence. Such leave of absence may be regarded as leave of absence owing to illness or, at the option of the officer, the whole or any portion of the leave may be deducted from recreation leave due.
“(2) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Regulations under the Commonwealth Public Service Act 1922-1924 (Fifteenth Amendment, 1926) were enacted to address a specific gap in the management of leave for public service officers affected by infectious disease outbreaks. The Board of Commissioners, acting under the authority of the Commonwealth Public Service Act 1922-1924, introduced these amendments to provide a formal mechanism for granting leave of absence to officers who are unable to attend duty due to contact with an infectious disease. This was made possible through a medical report and consideration of legal restrictions in place at the time. The amendment was subject to the approval of the Governor-General and was intended to ensure that public servants could be effectively managed during health crises, balancing their health needs with the operational requirements of the public service.
Scope and Application
The amendment to the Commonwealth Public Service Regulations introduced by the Statutory Rules of 1926, No. 41, pertains specifically to officers within the Commonwealth Public Service. This legislative instrument provides for leave of absence for public service officers who are unable to attend duty due to contact with someone suffering from an infectious disease and the subsequent restrictions imposed by either Commonwealth or State laws. The leave granted under these regulations can be considered as leave due to illness, or alternatively, it may be deducted from the officer's recreation leave at the officer's discretion. Importantly, this leave is only permissible until the earliest date on which the officer can reasonably resume duty, taking into account the legal restrictions in place. The amendment is made under the authority conferred by the Commonwealth Public Service Act 1922-1924 and is subject to the approval of the Governor-General, reflecting the hierarchical and structured governance framework within which it operates.
Key Provisions
The key provisions of the Fifteenth Amendment to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924, outlined in Statutory Rules 1926 No. 41, introduce new regulations concerning leave of absence for public service officers. Regulation 58a(1) allows for leave of absence for officers who, due to exposure to an infectious disease, are unable to attend duty because of legal restrictions imposed by Commonwealth or State law. This leave can be viewed as illness leave or, at the officer's discretion, it can be deducted from their accrued recreation leave. Regulation 58a(2) specifies that the leave of absence cannot extend beyond the earliest date when the officer can reasonably resume duty, considering the legal restrictions in place.
The obligations and requirements imposed by these regulations are primarily on the Chief Officer, who must assess reports from qualified medical practitioners regarding the officer's exposure to infectious diseases and the corresponding legal restrictions. The Chief Officer is tasked with determining the appropriateness of granting leave of absence and ensuring that the leave does not exceed the period necessary for the officer to resume duty according to the legal constraints. The regulations also provide the officer with the flexibility to choose how the leave is categorised, either as illness leave or as a deduction from recreation leave.
Failure to comply with these regulations, such as granting leave beyond the permissible period, could potentially result in administrative or disciplinary actions against the Chief Officer or the officer themselves. Although the regulations do not explicitly state penalties, breaches could lead to the review of decisions by higher authorities or the application of other relevant administrative actions under the Commonwealth Public Service Act. The precise consequences would depend on the specific circumstances and the internal policies of the public service department concerned.