STATUTORY RULES.
1913. No. 80.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a “Provisional Regulation.”
Dated this nineteenth day of March, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
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Regulation 81, made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:—
81. No leave on account of illness shall be granted with pay if the sickness or ill-health has been caused by the misconduct of the officer, to satisfy himself on which point the Chief Officer may send a special medical officer to attend on and examine such officer at his residence. A fee of £1 1s. shall be paid to the special medical officer for his attendance and report, and, if such report is, in the opinion of the Chief Officer, not favorable to the officer concerned, or if the officer be absent from his residence at the time of the medical officer’s visit, without, in the opinion of the Chief Officer, reasonable cause therefor, the amount of the fee so paid shall be deducted from any money which is or becomes payable to the said officer by the Government. The same practice may be followed where an officer is suspected of absenting himself from duty without sufficient cause.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.3702—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911, numbered 80 and enacted in 1913, was introduced to address the need for stringent measures in managing public service leave and attendance, particularly in cases where officers' misconduct or malingering was suspected. The urgency of this regulation, as evidenced by its immediate operational status, reflects a policy objective to maintain integrity and efficiency within the public service. The Governor-General, acting on the advice of the Federal Executive Council, issued this regulation to prevent the misuse of sick leave and ensure accountability among public officers. The regulation stipulates that officers whose sickness or ill-health is deemed to result from misconduct will not receive paid leave, and it empowers the Chief Officer to deploy a special medical officer to investigate and report on the officer's condition. This measure underscores the legislative intent to uphold the standards of public service conduct and to mitigate financial loss due to fraudulent claims.
Scope and Application
This Provisional Regulation applies to officers within the Commonwealth Public Service as defined under the Commonwealth Public Service Act 1902-1911. It specifically addresses the conditions under which leave on account of illness may be granted with pay, imposing restrictions where the sickness or ill-health is attributable to the misconduct of the officer. The geographic reach of this regulation is the Commonwealth, as it pertains to the federal public service. The regulation allows for the appointment of a special medical officer by the Chief Officer to examine the officer at their residence, with a fee of £1 1s. being paid for this service. If the medical report is unfavorable or if the officer is absent without reasonable cause, the fee is to be deducted from any money owed to the officer by the government. The regulation is intended to be a provisional measure and may be subject to amendment or replacement through subsequent legislation or regulations.
Key Provisions
The main operative sections of this Provisional Regulation, under the Commonwealth Public Service Act 1902-1911, revolve around the provision of leave on account of illness and the circumstances under which it may be granted. Specifically, Regulation 81 states that no leave on account of illness shall be granted with pay if the sickness or ill-health has been caused by the misconduct of the officer (Reg. 81). To ensure that this is the case, the Chief Officer is empowered to send a special medical officer to attend on and examine the officer at his residence. A fee of £1 1s. is to be paid to the special medical officer for his attendance and report (Reg. 81). If the report is not favorable to the officer concerned, or if the officer is absent from his residence at the time of the medical officer's visit without, in the opinion of the Chief Officer, reasonable cause, the amount of the fee so paid shall be deducted from any money which is or becomes payable to the officer by the Government (Reg. 81).
The obligations and requirements imposed by this Provisional Regulation are primarily administrative and procedural. The Chief Officer must ensure that the special medical officer is sent to examine the officer when leave on account of illness is requested and misconduct is suspected. The officer, in turn, must make himself available for examination by the special medical officer at his residence. Failure to do so, without reasonable cause, may result in the deduction of the fee paid to the special medical officer from any money payable to the officer by the Government. Additionally, the Government is required to pay the fee of £1 1s. to the special medical officer for his attendance and report.
The consequences for breach of this Provisional Regulation are financial rather than criminal. If the report from the special medical officer is not favorable to the officer concerned, or if the officer is absent from his residence at the time of the medical officer's visit without reasonable cause, the amount of the fee paid to the special medical officer will be deducted from any money which is or becomes payable to the officer by the Government (Reg. 81). There are no stated maximum penalties for breach of this Regulation, but the financial consequence of the fee deduction may serve as a deterrent against non-compliance.