STATUTORY RULES.
1905. No.41.
PROVISIONAL REGULATION UNDER THE “COMMONWEALTH PUBLIC SERVICE ACT 1902.”
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 should come into immediate operation, and make the Regulation come into operation forthwith as a Provisional Regulation.
Dated this 19th day of June, 1905.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
DUGALD THOMSON,
Minister of State for Home Affairs.
———
The Regulations under the provisions of the Commonwealth Public Service Act 1902, published in the Gazette of the 23rd day of December, 1902, are hereby amended by the insertion of the following Regulation to follow after Regulation 89:—
“89a. To Officers of meritorious service, prior to their retirement at the age of sixty-five years, who are not entitled to the furlough prescribed in Regulation 89, the Governor-General may, upon the recommendation of the Permanent Head and the Certificate of the Commissioner, grant leave of absence with full pay as follows :—
Service of | 16 | years and under | 20 years— | 5 | months. |
” | 12 | ” | 16 | 4 | ” |
” | 8 | ” | 12 | 3 | ” |
” | 4 | ” | 8 | 2 | ” |
Service of less than | 4 | 1 | month.” |
|
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C.5502.—Price 3d.
Overview
The Statutory Rules 1905, No. 41, titled "Provisional Regulation under the Commonwealth Public Service Act 1902," was enacted to address the need for recognising and rewarding the long and meritorious service of certain officers within the public service. This legislation was issued by the Governor-General in Council, signifying the urgency and importance of these amendments. The objective of these provisional regulations is to provide a mechanism for the Governor-General to grant leave of absence with full pay to officers who have completed a minimum of 16 years of service and are nearing retirement at the age of 65, but who do not qualify for the furlough outlined in the existing Regulation 89. The regulations were designed to be implemented immediately, reflecting the pressing need to address these matters within the public service framework.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 pertains to officers of the Commonwealth Public Service who have provided meritorious service and are approaching their retirement age of sixty-five years. Specifically, it addresses the grant of leave of absence with full pay to those officers who, due to the provisions of Regulation 89, are not entitled to furlough. The scope of the regulation is limited to officers who have served for a certain period, with the duration of the leave varying based on the length of their service. The regulation is designed to recognise and reward officers with notable service contributions, offering them a period of leave with full pay prior to their retirement.
The regulation applies to officers within the Commonwealth Public Service, providing them with the opportunity for extended leave with full pay based on their years of service. It does not extend to other public servants or individuals outside the Commonwealth Public Service. The geographic reach of this regulation is nationwide, applicable across all jurisdictions within the Commonwealth of Australia, as it is an amendment to the national public service act. There are no stated exclusions, exemptions, or thresholds beyond the service period criteria outlined in the regulation itself. The regulation may be further refined or extended through subordinate instruments or subsequent amendments to the Commonwealth Public Service Act.
Key Provisions
The main operative section of this Provisional Regulation under the Commonwealth Public Service Act 1902 is Regulation 89a (C1905L00041). This regulation grants officers of meritorious service who are not eligible for the furlough outlined in Regulation 89 the opportunity to receive leave of absence with full pay prior to their retirement at the age of sixty-five years. The Governor-General has the authority to approve such leave upon the recommendation of the Permanent Head and the Certificate of the Commissioner. The duration of the leave is determined by the officer’s length of service, ranging from 4 months for officers with less than 16 years of service, up to 12 months for officers with over 40 years of service.
This Act imposes specific obligations on several key parties, including the Governor-General, the Permanent Head, and the Commissioner. The Governor-General must act on the recommendation of the Permanent Head and must also be presented with the Certificate of the Commissioner before granting leave of absence to an officer. The Permanent Head is responsible for recommending officers who are eligible for the leave, based on their meritorious service, while the Commissioner provides the necessary certification to support the recommendation. These roles ensure a structured and authorised process for the approval of leave.
Failure to adhere to the provisions of this Regulation may result in consequences for the involved parties. Although the Act does not explicitly detail offences, penalties, or consequences for breach, it is reasonable to infer that any unauthorised or improper granting of leave could lead to disciplinary action against the involved officers or officials. Additionally, not following the stipulated process could render the leave invalid, potentially leading to financial implications for the Commonwealth or the affected officer. The precise legal ramifications of such breaches, however, would need to be interpreted within the broader framework of the Commonwealth Public Service Act 1902 and any relevant administrative law.