Public Service Act (No. 2) 1968

Overview

The Public Service Act (No. 2) 1968 was enacted to amend the Public Service Act 1922–1967 with respect to leave of absence without pay, particularly in addressing the gap where officers could not engage in certain types of employment without risking their public service status. This Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. Its policy objective was to provide flexibility to public service officers, enabling them to take up specific types of employment while ensuring that such leave did not exceed a continuous period of twelve months unless certified by the appropriate authority as being in the public interest. This was aimed at balancing the need for officers to pursue opportunities outside the public service with the requirement to maintain public service roles and responsibilities.

Scope and Application

The Public Service Act (No. 2) 1968 amends the Public Service Act 1922–1967 to modify the conditions under which leave of absence without pay can be granted to officers of the Commonwealth public service. This Act applies to Commonwealth public servants, including officers of the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff, and the Joint House Department. The legislation provides flexibility for officers to engage in employment with state governments, foreign governments, universities, or other prescribed institutions, either within Australia or abroad. However, leave cannot be granted or extended if the continuous period of absence exceeds twelve months unless certified by the relevant authority, namely the Prime Minister for most officers, the President of the Senate for officers of the Department of the Senate, the Speaker of the House of Representatives for officers of the Department of the House of Representatives, and both the President of the Senate and the Speaker of the House of Representatives for officers of the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff, or the Joint House Department, as being in the public interest. This Act operates on a Commonwealth level and does not specify any exclusions or exemptions beyond those outlined in the amended section 72a. The Act allows for further specification of prescribed bodies or organisations through subordinate instruments, ensuring its provisions can be adapted to changing circumstances without the need for further parliamentary legislation.

Key Provisions

The Public Service (No. 2) Act 1968 amends the Public Service Act 1922-1967 to modify provisions related to leave of absence without pay for public service officers. Specifically, section 3 of the Act revises section 72a of the Principal Act to allow the Board to grant leave of absence without pay to officers for employment with state governments, foreign governments, universities, or other educational institutions, or prescribed institutions, organizations, or bodies (sections 3(1)). However, leave cannot be granted, nor can it be extended, if it would result in the officer being absent for more than twelve months unless the Prime Minister, or the President of the Senate, the Speaker of the House of Representatives, or both, as applicable, certifies that the engagement is in the public interest (section 3(2)). The Act clarifies that this leave modification applies to leave granted before the Act’s commencement, as if it had been granted under the revised provisions (section 4(1)). The obligations imposed by the Act on public service officers who seek leave of absence without pay are primarily administrative and procedural. Officers must apply to the Board for leave, which will then consider the application in accordance with the criteria set out in the amended section 72a (section 3(1)). Additionally, if an officer’s leave period would exceed twelve months, they must obtain a certification from the Prime Minister, President of the Senate, Speaker of the House of Representatives, or both, as applicable, to ensure the leave is in the public interest (section 3(2)). Furthermore, the Act ensures that any leave granted before the Act’s commencement remains valid, with the amended provisions applying retroactively (section 4(1)). For breaches of the provisions set out in the Act, there are no explicit offences or penalties stated in the text. However, the failure to comply with the leave provisions or to obtain the necessary certification from the relevant authority when required could lead to administrative consequences, such as the denial or revocation of leave. Additionally, if an officer’s extended leave without proper certification is found to not be in the public interest, it could result in disciplinary action or other administrative penalties as determined by the Board or relevant authorities. In terms of civil or criminal consequences, the Act does not provide specific penalties for breaches. However, any actions that contravene the leave provisions or fail to adhere to the certification requirements could potentially lead to civil consequences, such as the denial of benefits or leave entitlements, or criminal consequences if the actions are deemed to be in violation of other public service regulations or laws. The maximum penalties, if any, would be determined by the specific circumstances and applicable laws outside the scope of this Act.