Public Service (No. 2)
No. 85 of 1966
An Act to amend the Public Service Act 1922–1964, as amended by the Public Service Act 1966, in relation to Female Officers and Employees.
[Assented to 29 October 1966]
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 (No. 2) 1966.
(2.) The Public Service Act 1922–1964, as amended by the Public Service Act 1966, is in this Act referred to as the Principal Act.
(3.) Section 1 of the Public Service Act 1966 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Public Service Act 1922–1966.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Parts.
3. Section 3 of the Principal Act is amended—
(a) by omitting the words—
“Division 4.—Appointment and Recruitment of Officers (Sections 33–9).”
and inserting in their stead the words—
“Division 4.—Appointment and Recruitment of Officers (Sections 33–48a).”; and
(b) by inserting after the words—
“Division 5.—Promotions and Transfers (Sections 50–54).”
the words—
“Division 5a.—Special Provisions Relating to Female Officers (Sections 54a–54c).”.
Repeal.
4. Section 49 of the Principal Act is repealed.
5. After Division 5 of Part III. of the Principal Act the following Division is inserted:—
“Division 5a.—Special Provisions Relating to Female Officers.
Married women as officers.
“54a.—(1.) Except as otherwise provided by this Act—
(a) a married woman may be appointed as an officer, and a female officer who marries may continue to be an officer; and
(b) an officer who is a married woman is subject to the provisions of this Act (including provisions relating to the duties and conduct of officers) as though she were unmarried.
“(2.) The Board may determine that no married woman shall occupy an office, or any of the offices, included in a prescribed class of offices, but such a determination does not render a female officer liable to be removed from an office otherwise than in accordance with the provisions of this Act.
“(3.) Nothing in this section prevents or affects the employment of a married woman under this Act in a temporary capacity.
Absence from duty in relation to childbirth.
“54b.—(1.) A female officer who has (whether after becoming an officer or not) become pregnant—
(a) shall, on application, be granted by the Chief Officer permission to be absent from duty for a period not exceeding twenty-six weeks, being a period commencing not earlier than twenty weeks before the expected date of her confinement and not later than the end of the period referred to in the next succeeding paragraph and ending not earlier than six weeks, and not later than twenty weeks, after the expected date of her confinement; and
(b) shall, whether or not she has been granted any permission under the last preceding paragraph, absent herself from duty during a period commencing six weeks before the expected date of her confinement and ending at the expiration of six weeks from the day on which her pregnancy terminates.
“(2.) An officer who has made an application under paragraph (a) of the last preceding sub-section may, at any time while she is absent from duty in accordance with this section, amend the application so as to extend or reduce the period referred to in the application, but so that the amended period complies with the requirements of that paragraph, and the Chief Officer shall vary his permission in accordance with the amended application.
“(3.) In relation to an application under paragraph (a) of sub-section (1.) of this section, or an amendment of such an application, that is made or dealt with after the pregnancy of the officer has terminated, the second reference in that paragraph to the expected date of her confinement shall be read as a reference to the day on which her pregnancy terminated.
“(4.) Nothing contained in, or done under, this section prevents the grant of leave of absence of any kind to an officer in respect of the whole or any part of a period referred to in sub-section (1.) of this section.
“(5.) Except by reason of a grant of leave of absence of any kind with pay, an officer is not entitled to salary in respect of a period of absence from duty in accordance with this section.
“(6.) For the purposes of section seventy of this Act or of a determination or order in force at any time under the Public Service Arbitration Act 1920–1964 relating to sick leave, absence of a female officer from duty at any time at which she is required or permitted to be absent by or under sub-section (1.) of this section shall be deemed to be absence by reason of illness.
“(7.) Section seventy-two aa of this Act applies in relation to absence from duty without pay in accordance with this section in like manner as it applies in relation to absence on leave without pay under a section referred to in sub-section (1.) of that section.
Payment to female officer retiring on marriage.
“54c.—(1.) Where a female officer—
(a) has continued in the Commonwealth Service for not less than five years but less than fifteen years;
(b) was an officer immediately before the commencement of this section and has continued to be an officer since that commencement;
(c) has not been granted, and is not eligible for, leave, or payment of salary in lieu of leave, under section seventy-four of this Act; and
(d) retires from the Commonwealth Service as on and from the date of her marriage,
there is payable to her—
(e) where the period of her service is not less than five years but is less than eight years—an amount equal to her salary for one month;
(f) where the period of her service is not less than eight years but is less than twelve years—an amount equal to her salary for two months; or
(g) where the period of her service is not less than twelve years—an amount equal to her salary for three months.
“(2.) In this section, ‘salary’ has the same meaning as in section seventy-four of this Act.”.