Public Service
No. 59 of 1968
An Act to amend the Public Service Act 1922-1967 with respect to certain Leave.
[Assented to 25 June 1968]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Public Service Act 1968.
(2.) The Public Service Act 1922–1967, as amended by this Act, may be cited as the Public Service Act 1922–1968.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Extended leave or pay in lieu to officers not entitled to furlough.
3.—(1.) Section 74 of the Public Service Act 1922–1967 is amended by omitting from paragraph (b) of sub-section (3.) the word “eight” and inserting in its stead the word “four”.
(2.) The provision amended by the last preceding sub-section shall, as so amended, be deemed, in relation to an officer who was, on or after the first day of September, One thousand nine hundred and sixty-seven, and before the commencement of this Act, retired from the Commonwealth Service, under section 20 of the Public Service Act 1922–1966 or that Act as amended at any time, after not less than four years service but less than eight years’ service, to have been in force when the officer was so retired.
* Act No. 21, 1922 as amended by No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72. 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; and Nos. 2 and 115. 1967.
Overview
The Public Service Act 1968, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was introduced to address a specific gap in leave entitlements for certain officers within the Commonwealth public service. This Act serves as an amendment to the Public Service Act 1922–1967, modifying the conditions under which extended leave or pay in lieu is granted to officers who have not been entitled to furlough. The policy objective of this amendment is to provide a more equitable leave arrangement for officers who have served between four and eight years, by reducing the minimum service requirement from eight to four years. This change aims to better recognise and reward the service of public officers who have contributed significantly to the Commonwealth but do not meet the previous criteria for extended leave or pay in lieu.
Scope and Application
The Public Service Act 1968 amends the Public Service Act 1922-1967 to modify certain leave entitlements for Commonwealth public servants. Specifically, it revises the leave provisions for officers who retire after a service period of at least four but less than eight years, ensuring they are entitled to extended leave or compensation in lieu of furlough. This amendment applies retroactively to officers who retired on or after 1 September 1967, under the previous provisions of the Public Service Act 1922-1966 or its amendments. The Act operates within the Commonwealth jurisdiction, impacting federal public servants, and it came into effect on the day it received Royal Assent. The Act does not explicitly state any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The Public Service Act 1968 introduces significant changes to the Public Service Act 1922-1967, particularly concerning leave entitlements. Section 3(1) of the Act amends section 74 of the earlier Act by changing the qualifying service period for extended leave or pay in lieu from eight years to four years. This amendment is effective for officers who were retired on or after 1 September 1967, and before the Act came into force, provided they had completed at least four years of service but less than eight years at the time of their retirement.
The obligation imposed on public service officers under the amended Act is that those who meet the revised service criteria are now entitled to extended leave or pay in lieu, which they would not have been entitled to under the previous version of the Act. This change is retrospective in nature, ensuring that officers who retired within the specified period are recognised for their service and granted the benefits they would have been entitled to had the amendment been in effect at the time of their retirement.
Failure to comply with the provisions of the Public Service Act 1968 could lead to civil or administrative consequences. For instance, if an officer is found to have been incorrectly denied leave or pay in lieu to which they are entitled under the amended Act, there could be legal action for compensation or rectification. The Act itself does not explicitly outline criminal penalties for non-compliance, but breaches of public service regulations can often lead to disciplinary action against public servants or officials who fail to adhere to the provisions of the Act.
In summary, the Public Service Act 1968 provides for the amendment of leave entitlements for public service officers, requiring those who retired under specific conditions to be granted extended leave or pay in lieu. Non-compliance with these provisions may result in civil or administrative consequences, although the Act does not specify criminal penalties for breaches.