Statutory Rules 1980 No. 4041
Public Service (Parliamentary Officers) Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulation under the Public Service Act 1922.
Dated 22 December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN VINER
Minister for Employment and Youth Affairs
for and on behalf of the Prime Minister
Lapsing of recreation leave — general provisions
Regulation 36E of the Public Service (Parliamentary Officers) Regulations is amended —
(a) by omitting from sub-regulation (5) “1980” (wherever occurring) and substituting “1981”; and
(b) by omitting from sub-regulation (5) “1978” and substituting “1979”.
Notes
1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.
2. Statutory Rules 1941 No. 18 as amended by Statutory Rules 1941 No. 309; 1942 No. 249; 1947 Nos. 13, 62, 154 and 165; 1951 Nos. 26, 27, 78 and 117; 1952 No. 54; 1953 Nos. 72 and 94; 1954 Nos. 86 and 120; 1955 No. 44; 1956 Nos. 56 and 57; 1957 No. 26; 1958 Nos. 19, 44 and 66; 1959 No. 61; 1960 Nos. 78 and 92; 1961 No. 98; 1962 No. 6; 1963 Nos. 3, 66, 83, 119 and 123; 1964 Nos. 41, 42, 80, 132, 148 and 160; 1965 Nos. 43, 53, 118, 150 and 181; 1966 Nos. 59, 60, 92, 122, 143 and 161; 1967 Nos. 38, 73, 95 and 156; 1968 Nos. 56, 84, 93, 116, 137 and 157; 1969 Nos. 75, 173 and 174; 1970 Nos. 27, 79 and 160; 1972 Nos. 41 and 85; 1973 Nos.3, 167, 223 and 224; 1974 Nos. 10 and 183; 1975 No. 22; 1976 No. 2; 1978 No. 190; 1979 Nos. 178 and 297.
Overview
The Public Service (Parliamentary Officers) Regulations 1980 No. 4041, made under the Public Service Act 1922, was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council and on the recommendation of the President of the Senate and the Speaker of the House of Representatives. The regulation was introduced to address the need for amendments to the provisions regarding the lapsing of recreation leave for parliamentary officers. This amendment aimed to ensure that the rules governing the accrual and lapsing of leave remained current and aligned with the legislative intent, reflecting changes in the fiscal year. The policy objective, as per the legislative instrument, is to provide clear and updated guidelines for the management of leave entitlements within the public service framework.
Scope and Application
The Public Service (Parliamentary Officers) Regulations 1980 No. 4041, as amended, apply to officers of the Parliament of Australia, including members of the Parliament, their staff, and other personnel involved in the administration of the legislative branch. These regulations are made under the Public Service Act 1922, which governs the public service of the Commonwealth. The regulations cover aspects such as leave entitlements, including the lapsing of recreation leave, and are intended to ensure consistency and fairness in the application of public service rules to parliamentary officers. The regulations extend across the Commonwealth, encompassing federal parliamentary officers. Subordinate instruments may further define or modify the application of these regulations, ensuring that they remain relevant and effective in addressing the needs of parliamentary officers.
Key Provisions
The main operative sections of this regulation pertain to adjustments in the lapsing of recreation leave for parliamentary officers, as detailed in Regulation 36E of the Public Service (Parliamentary Officers) Regulations. Specifically, the regulation modifies the dates in sub-regulation (5) to update the years 1980 to 1981 and 1978 to 1979, ensuring that these dates reflect the most current year-end provisions. This means that the regulation now applies to the year 1981 instead of 1980 and 1979 instead of 1978, thereby adjusting the timeframes within which recreation leave must be taken or forfeited.
The obligations and requirements imposed by this regulation on parliamentary officers and the relevant authorities include adherence to the updated lapsing dates for recreation leave. Officers must be aware of and plan their leave accordingly to avoid forfeiture, while the authorities are tasked with ensuring that the updated regulation is communicated and implemented effectively. This change is intended to maintain clarity and fairness in the management of recreation leave, ensuring that all officers are aware of their entitlements and obligations under the updated provisions.
In the event of a breach of this regulation, there may be consequences for parliamentary officers who fail to take their recreation leave within the specified timeframe. While the regulation itself does not explicitly outline penalties or consequences, it is reasonable to infer that any failure to comply with the updated leave provisions could result in the forfeiture of accrued leave. Additionally, non-compliance could potentially lead to administrative or disciplinary actions as outlined in broader public service regulations or employment contracts. It is important for officers to consult the relevant governing documents to understand the full implications of any breach.
Given that the regulation updates the lapsing dates for recreation leave, it is imperative for parliamentary officers to review their leave records and plans to ensure compliance with the new provisions. Failure to do so could result in the loss of accrued leave, which may have financial and personal implications. Therefore, it is advisable for officers to consult with their department or relevant authority to clarify any uncertainties and to make necessary adjustments to their leave plans. The regulation serves as a reminder of the importance of staying informed about changes in public service policies and procedures.