Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1913, No. 153, is a regulation enacted under the Commonwealth Public Service Act 1902-1911 to address the issue of public servants potentially abusing sick leave for personal reasons, including misconduct. This regulation was introduced to ensure that public servants who are genuinely ill or indisposed receive appropriate leave, while also preventing abuse of the leave system. It was made by the Governor-General in Council, following the advice of the Federal Executive Council, and is designed to maintain the integrity of the public service by ensuring that leave is granted only for legitimate reasons. The regulation allows for the Chief Officer to investigate the circumstances of an officer’s illness by sending a special medical officer to examine the officer at their residence, thereby enabling a more thorough assessment of the officer's condition and the validity of their leave request.

Scope and Application

The regulation under the Commonwealth Public Service Act 1902-1911, specifically Statutory Rules 1913, No. 153, applies to officers within the Commonwealth public service who are subject to the provisions of the Act. This includes all public servants who are employed by the Commonwealth government and are under the authority of the Chief Officer. The regulation governs the circumstances under which leave on account of illness can be granted with pay, specifically stipulating that such leave will not be granted if the illness or health condition is caused by the officer's misconduct. The geographic reach of this regulation is national, applying across the Commonwealth of Australia. The regulation also includes provisions for the appointment of a special medical officer to assess the officer’s condition, which may involve the officer’s residence and the payment of a fee for the officer’s examination. Any fees paid can be deducted from the officer’s pay if the medical report is unfavourable or if the officer is absent without reasonable cause. This regulation supersedes the Provisional Regulation made earlier in the year, consolidating the rules regarding medical assessments and misconduct-related health claims within the public service.

Key Provisions

The primary operative section of the statutory rules, Statutory Rules 1913, No. 153, made under the Commonwealth Public Service Act 1902-1911, concerns the granting of leave on account of illness. Specifically, Section 81 stipulates that if an officer's sickness or ill-health is determined to have been caused by misconduct, leave with pay will not be granted. The Chief Officer has the authority to dispatch a special medical officer to the officer's residence to examine them and ascertain the cause of their illness or health condition. A fee of £1 1s. is to be paid to the special medical officer for their attendance and report. If the report is unfavourable to the officer, or if the officer is absent from their residence at the time of the medical officer's visit without reasonable cause, the fee paid will be deducted from any money due to be paid to the officer by the Government. This same procedure may be followed if an officer is suspected of being absent from duty without sufficient cause. Under these regulations, the obligations placed on the parties involved are clear. Officers are required to make themselves available for examination by the special medical officer appointed by the Chief Officer. Failure to do so, without reasonable cause, may result in the deduction of the medical officer's fee from any monies owed to the officer by the Government. The Chief Officer has the responsibility to ensure that the special medical officer is dispatched and that the fee is collected if the report is unfavourable or if the officer is absent without reasonable cause. The special medical officer, in turn, is required to conduct the examination and provide a report to the Chief Officer. Breach of these provisions may result in civil or administrative consequences. If an officer is found to have caused their own sickness or ill-health through misconduct, they will not be granted leave with pay. Additionally, if the officer is absent without reasonable cause during the examination by the special medical officer, the fee paid to the medical officer will be deducted from any money owed to the officer. There are no explicit criminal penalties mentioned in the regulations; however, the administrative consequences can be significant for the officer in terms of their entitlement to leave and pay.