Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1904, No. 54, specifically the Amendment of Public Service Regulation No. 88, was enacted to address the issue of how leave should be managed for officers who are members of the Defence Forces and who are required to attend camps and courses of naval and military instruction. This regulation was introduced to ensure that the leave of officers participating in Defence-related activities is handled in a manner consistent with their obligations and payments from the Department of Defence. The policy objective as implied is to create a clear and fair system for managing the leave entitlements of Defence Force members within the public service, ensuring that their absence for military duties is accounted for appropriately. The enacting body for this legislation is the relevant legislature, which authorised the amendment to ensure that public service regulations are updated to reflect the needs of Defence Force members. The regulation clarifies the process for deducting absence from leave entitlements or stopping salary during such absences, providing a structured approach to managing these circumstances.

Scope and Application

The amendment of Public Service Regulation No. 88, as outlined in Statutory Rules 1904 No. 54, pertains to officers who are members of the Defence Forces and their attendance at naval and military instruction camps and courses. This regulation applies to officers who are absent from their duties on days other than gazetted public holidays, provided they are paid by the Department of Defence for their attendance. It grants these officers the option to either have the period of absence deducted from any leave they are due, such as annual recreation leave or leave in lieu of gazetted holidays, or to have their salary stopped for that period. Additionally, the regulation extends its application to temporary employees, stipulating that they shall be treated in the same manner as permanent officers concerning gazetted public holidays, but leave on other occasions will be granted by the Department without pay. The scope of this regulation is within the Commonwealth jurisdiction, governing the conditions under which Defence Force officers and temporary employees can attend military instruction courses and the financial implications of such attendance.

Key Provisions

The statutory rule (C1904L00054) amends Public Service Regulation No. 88, which previously stated that leave granted to officers who are members of the Defence Forces for the purpose of carrying out duties imposed by Naval or Military Regulations would not be deducted (s. 88). The new regulation, which replaces the old one, states that an officer who is absent from their duties, on days other than gazetted public holidays, for the purpose of attending camps and courses of naval and military instruction, and who is paid for such attendance by the Department of Defence, has the option of having the period they are absent deducted from any leave of absence due to them, such as annual recreation leave, leave in lieu of gazetted holidays, and so on, or of having their salary stopped for that period (s. 88). Additionally, temporary employees shall be treated in the same manner as permanent officers concerning gazetted public holidays, but leave on other occasions must be granted by the Department without pay (s. 88). The Act imposes certain obligations on officers who are members of the Defence Forces and are required to attend camps and courses of naval and military instruction. These officers must be paid by the Department of Defence for their attendance. They are given the option to either have the period they are absent deducted from their leave of absence or have their salary stopped for that period (s. 88). Furthermore, temporary employees are to be treated similarly to permanent officers regarding gazetted public holidays, but any leave on other occasions must be granted by the Department without pay (s. 88). Under the amended regulation, there are no specific offences or penalties mentioned for breach of the provisions. However, the regulation sets out the consequences of the choices an officer has to make regarding their absence from duties due to attendance at camps and courses of naval and military instruction. If an officer chooses to have the period they are absent deducted from their leave of absence, this could potentially affect their leave entitlements. Alternatively, if they choose to have their salary stopped for that period, they would not be paid for the time they are absent. It is important for officers to carefully consider their options before making a decision, as the consequences of their choice could have financial implications. In conclusion, the amended regulation provides officers who are members of the Defence Forces with options regarding the treatment of their absence from duties for the purpose of attending camps and courses of naval and military instruction. It also clarifies the treatment of temporary employees in relation to gazetted public holidays and leave on other occasions. While there are no specific offences or penalties mentioned for breach of the provisions, the consequences of the choices an officer makes could have financial implications. Therefore, it is essential for officers to carefully consider their options before making a decision.