Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

Statutory Rules 1913 No. 7, known as the Provisional Regulation under the Commonwealth Public Service Act 1902-1911, was enacted in 1913 to address the urgent need for provisions concerning leave of absence for public service officers nearing retirement. This legislative instrument was created by the Governor-General, acting with the advice of the Federal Executive Council, under the authority granted by the Commonwealth Public Service Act 1902. The primary policy objective of this regulation was to provide a structured framework for granting leave of absence with full pay or its monetary equivalent to public service officers who were not eligible for furlough but were nearing their retirement age, thereby ensuring that these officers received fair compensation for their years of service. The regulation replaced the existing Regulation 89A, introducing a new set of provisions that specified the duration of leave or its monetary equivalent based on the length of service, ranging from one month for officers with less than four years of service to five months for those with 16 or more years of service. Additionally, it allowed for the payment of equivalent sums to the dependents of officers who had died before being granted the leave. This regulation was designed to offer a fair and consistent approach to compensating public service officers nearing retirement, thereby addressing gaps in the existing leave provisions.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1911 applies to officers within the Commonwealth Public Service who have completed a satisfactory service period and are nearing retirement, specifically those who are not eligible for the furlough prescribed in Regulation 89. This Act is relevant to individuals who have served in the public service for at least four years and who are approaching the retirement age of 60 years. The regulation allows for the granting of leave of absence with full pay or a monetary equivalent to officers based on their years of service, as detailed in the regulation. The leave duration varies from one month for officers with less than four years of service to five months for those with 16 years or more of service. Additionally, the regulation provides for the payment of an equivalent sum to the dependents of deceased officers who were eligible for such leave. The regulation's jurisdictional reach is limited to the Commonwealth Public Service, and it applies nationally across Australia. It does not specify any exclusions or exemptions explicitly, but the eligibility criteria inherently exclude officers who are already covered under other regulations such as Regulation 89. The regulation can be further extended or modified through subordinate instruments under the authority of the Commonwealth Public Service Act 1902, enabling the Governor-General to make recommendations based on the advice of the Commissioner.

Key Provisions

The main operative sections of this Provisional Regulation under the Commonwealth Public Service Act 1902-1911, specifically Regulation 89A, provide that the Governor-General, upon the recommendation of the Commissioner, may grant leave of absence with full pay to officers of satisfactory service who are not eligible for furlough, prior to their retirement from the Public Service after reaching the age of 60 years (Section 89A(1)). The duration of this leave depends on the officer's length of service: 5 months for officers with 16 years or less of service, 4 months for 12 to 15 years of service, 3 months for 8 to 11 years, 2 months for 4 to 7 years, and 1 month for less than 4 years. Alternatively, the Governor-General may grant a monetary sum equivalent to the pay for the leave period, or, in the event of an officer's death who was eligible for but had not received the leave, authorise payment of a sum equivalent to the officer's pay for the leave period to their dependents (Section 89A(2)). The Regulation imposes obligations and requirements on several parties involved in the process. The Commissioner must recommend to the Governor-General whether an officer should receive leave or a monetary sum, based on the officer's service record and eligibility criteria. The Governor-General must then make a decision based on the Commissioner's recommendation, ensuring that the decision adheres to the provisions outlined in Regulation 89A. Additionally, the dependents of an officer who passed away before receiving leave may seek payment equivalent to the leave pay if the officer was eligible under this Regulation. Failure to comply with the provisions of this Provisional Regulation may result in legal consequences for the relevant parties. While the Regulation does not explicitly outline specific offences or penalties for breaches, it is implied that any non-compliance with the Governor-General's decision or the Commissioner's recommendation could result in civil or criminal consequences, as per the broader legal framework governing the Commonwealth Public Service Act 1902-1911. The precise nature and severity of these consequences would depend on the specific circumstances of the breach and any applicable legislation or case law. In summary, this Provisional Regulation under the Commonwealth Public Service Act 1902-1911 grants the Governor-General the authority to provide leave of absence or monetary sums to officers of satisfactory service who are not eligible for furlough, based on the length of their service. The Commissioner is responsible for recommending the appropriate action to the Governor-General, who must then make a decision in accordance with the Regulation's provisions. Non-compliance with the Regulation may result in civil or criminal consequences, although specific penalties are not outlined in the text.