Public Service Act (No. 2) 1967

Legislation au C1967A00115 Not in force Act

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Public Service (No. 2)

 

No. 115 of 1967

An Act to amend the Law relating to the Public Service with respect to certain Leave.

[Assented to 17 November 1967]

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) 1967.

(2.) The Public Service Act 1922-1966, as amended by the Public Service Act 1967, is in this Act referred to as the Principal Act.


(3.) Section 1 of the Public Service Act 1967 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Public Service Act 1922-1967.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 68f of the Principal Act is amended by omitting from the definition of “salary” in sub-section (1.) the words “section seventy-five” and inserting in their stead the words “sub-section (1.) of section seventy-three”.

Leave of absence for service with other Governments, &c.

4. Section 72a of the Principal Act is amended—

(a) by omitting from sub-section (1.) all the words from and including the words “the Board” to the end of the sub-section and inserting in their stead the words “the Board may, subject to the next succeeding sub-section, on the application of the officer, grant to him leave of absence without pay for that purpose, and may, from time to time, extend the leave of absence so granted to him.”; and

(b) by inserting after sub-section (1.) the following sub-section:—

“(2.) The Board shall not exercise its powers under the last preceding sub-section so that an officer is authorized to be absent on leave for a period, or for successive periods, exceeding three years unless the Board considers it is in the public interest to do so.”.

5. Section 75 of the Principal Act is repealed and the following section inserted in its stead:—

Interpretation.

“75.—(1.) The regulations may provide that allowances of specified kinds are to be included in salary for the purposes of either of the last two preceding sections.

“(2.) The regulations may prescribe the conditions subject to which, or specify the extent to which, payments in accordance with either or both of the last two preceding sections are to include amounts by way of, or in respect of, an allowance of a kind specified in the regulations referred to in the last preceding sub-section, including conditions having effect after the time at which leave of absence commences.

“(3.) For the purposes of the last two preceding sections, the service of an officer in the Commonwealth Service shall be deemed to include, in addition to any service that, by virtue of this Act, is reckoned for the purposes of those sections as service in the Commonwealth Service, any service (not being so reckoned) that would, if the officer were a Commonwealth employee within the meaning of the Commonwealth Employees’ Furlough Act 1943-1967, be reckoned as part of his period of service for the purposes of that Act.”.


Validation.

6.—(1.) Where, before the date on which this Act received the Royal Assent, a period of employment in the service of a person, authority, institution or body had been taken into account for the purposes of reckoning the period of service of an officer for the purposes of sections 73 and 74 of the Principal Act and, if the officer had been a Commonwealth employee within the meaning of the Commonwealth Employees’ Furlough Act 1943, or that Act as amended at any time, the taking into account of that period would have been deemed to have been lawful by reason of sub-section (1.) of section 11 of the Commonwealth Employees’ Furlough Act 1967, that period of service shall be deemed to have been lawfully taken into account.

(2.) The regulations made under the Principal Act for the purposes of sections 73 and 74 of that Act and in force, or purporting to be in force, immediately before the date on which this Act received the Royal Assent have, on and from that date, the same force and effect that they would have had if they had been made under the Principal Act as amended by this Act.

 

Overview

The Public Service Act (No. 2) 1967 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend existing laws regarding leave in the public service. This Act specifically addresses the leave of absence for officers serving with other governments or entities, and it modifies the Public Service Act 1922-1966. The primary policy objective is to ensure that the Public Service Board has the flexibility to grant leave of absence without pay while maintaining control over the duration of such leave, particularly preventing it from exceeding three years unless deemed in the public interest. This Act also makes amendments to the interpretation of salary and the inclusion of certain allowances for the purposes of leave provisions.

Scope and Application

The Public Service Act (No. 2) 1967 applies to officers within the Commonwealth Public Service, providing amendments specifically related to leave provisions. This Act modifies the Public Service Act 1922-1966, as previously amended, and it applies to any person or entity that is part of the Commonwealth Public Service, including those who may seek leave of absence for service with other governments or entities. The amendments pertain to the conditions and duration of leave of absence without pay, stipulating that the leave cannot exceed three years unless deemed in the public interest by the relevant Board. The Act extends its application nationally as it is a Commonwealth Act, thereby impacting public service officers across Australia. The Act also amends the interpretation of salary and service for the purpose of reckoning leave, ensuring that service previously considered under other legislation is appropriately recognised. There are no explicit exclusions or thresholds stated in the text provided, but the Act does allow for further regulation and conditions to be specified by subordinate instruments.

Key Provisions

The Public Service Act (No. 2) 1967 (Act) amends the Public Service Act 1922-1966 to modify the leave provisions for public service officers. The key sections of the Act include amendments to the definition of "salary" (section 3), changes to the leave of absence for service with other governments (section 4), and the repeal and replacement of section 75 (section 5). These sections clarify the circumstances under which officers can be granted leave without pay and establish conditions for the inclusion of allowances in salary. The Act imposes specific obligations on the Public Service Board, including the authority to grant leave of absence without pay to officers (section 4(1)), and the restriction on extending such leave beyond three years unless deemed in the public interest (section 4(2)). Furthermore, it mandates that the Board must consider any prior service of an officer in determining their eligibility for leave provisions (section 5(3)). Failure to comply with the provisions of the Act may result in legal consequences. While the Act does not explicitly detail criminal or civil penalties, breaches of public service regulations can lead to disciplinary action, including potential termination of employment or other administrative penalties. It is important for public service officers and the Board to adhere to these provisions to avoid any adverse outcomes.

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Public Service Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.