Peace Officers' Guard Regulations 1942 (Amendment)

Overview

The Statutory Rules 1944, No. 53 amends the Peace Officers’ Guard Regulations to introduce new provisions regarding leave for peace officers under the Peace Officers Act 1925. Enacted by the Australian Parliament, these amendments aim to provide a more flexible and comprehensive leave structure for peace officers, addressing gaps in the previous regulations. The regulations now allow peace officers to be granted recreation leave if they have served at least nine months in the year of their resignation, as well as emergency leave in cases of pressing necessity and leave without pay on good cause. The amendments also revise the provisions for sick leave, ensuring that peace officers can be granted leave based on medical evidence and specific conditions, while also addressing situations where leave exceeds certain thresholds. This legislative instrument seeks to balance the operational needs of peace officers with the administrative requirements of their service.

Scope and Application

The statutory instrument, made under the Peace Officers Act 1925, amends the Peace Officers' Guard Regulations to alter provisions concerning leave entitlements for peace officers. The instrument applies to peace officers who are subject to the Peace Officers' Guard Regulations. The regulations pertain to various forms of leave, including recreation leave, emergency leave, leave without pay, and sick leave, with specific conditions and limitations governing each type. The regulations are applicable on a national level, as they pertain to peace officers operating under the federal legislation. The Act does not explicitly state any exclusions or exemptions, but it is implicitly understood that the provisions apply to peace officers who meet the specified service durations and conditions. Subordinate instruments, such as the Determination of the Public Service Arbitrator, further extend and refine the application of the Act by providing detailed guidelines on the calculation and approval of various leave entitlements.

Key Provisions

The primary sections of this legislative instrument pertain to various types of leave that can be granted to Peace Officers under the Peace Officers’ Guard Regulations (sub-regulations 12, 12a, 12b, and 14). Firstly, section 1 amends sub-regulation 12 to allow for recreation leave for Peace Officers who have completed at least one year of service, provided they have served at least nine months in the year in which their service terminates. This leave is granted at the discretion of the Deputy Superintending Peace Officer, at a rate of one and a half days for each month of service. Secondly, section 2 introduces new sub-regulations 12a and 12b, which allow for emergency leave and leave without pay, respectively. Emergency leave can be granted for up to three days within any twelve-month period, while leave without pay can be granted for up to thirty days. Section 3 repeals sub-regulation 14 and replaces it with new provisions for sick leave, which must be reported to the officer in charge and supported by a medical certificate, except in cases where a Deputy Superintending Peace Officer may grant leave for up to four days without a certificate. Sick leave exceeding seven days must be approved by the Superintending Peace Officer, and leave exceeding thirty days must be submitted to the Secretary, Attorney-General’s Department, for approval. The obligations imposed by this legislation on Peace Officers and their superiors are numerous and vary according to the type of leave. Peace Officers must report any illness or injury to their officer in charge and submit a written application for leave, along with a medical certificate, to the Deputy Superintending Peace Officer. They must also provide satisfactory medical evidence for sick leave exceeding seven days. Superiors, such as the Deputy Superintending Peace Officer and Superintending Peace Officer, have the discretion to grant various types of leave, including recreation leave, emergency leave, leave without pay, and sick leave, subject to certain conditions and limits. They are also responsible for ensuring that any leave granted is deducted from the Peace Officer’s future leave entitlements or paid leave. The legislation imposes various consequences for breaches of the regulations, although the specific penalties are not stated. Generally, failure to comply with the regulations regarding leave could result in disciplinary action, including potential termination of employment or other penalties as determined by the relevant authorities. For example, if a Peace Officer fails to report illness or injury, or if they misuse leave entitlements, they may face disciplinary action or other consequences as determined by their superiors or the Attorney-General’s Department. The precise penalties for such breaches would depend on the nature and severity of the breach, as well as any relevant policies or procedures in place within the Peace Officer’s organisation.