Statutory Rules
1979 No. 297
REGULATION UNDER THE PUBLIC SERVICE ACT 19221
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 this twentieth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MICHAEL MACKELLAR
Minister of State for Health for and on behalf of the Prime Minister
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AMENDMENT OF THE PUBLIC SERVICE
(PARLIAMENTARY OFFICERS) REGULATIONS2
Lapsing of recreation leave-general provisions
Regulation 36e of the Public Service (Parliamentary Officers) Regulations is amended by adding at the end thereof the following sub-regulation:
“(5) The Parliamentary Head may direct that, where, by reason of the exigencies of the Parliamentary Service, it is found to be impracticable to grant, before 1 January 1980, leave of absence for recreation to an officer in respect of the whole of the recreation leave credit that accrued to the officer on 1 January 1978—
(a) where leave of absence for recreation has not been granted to the officer in respect of that credit—that credit; or
(b) where leave of absence for recreation has been granted to the officer in respect of that credit—the part of that credit in respect of which leave of absence for recreation has not been granted,
shall not lapse until 1 August 1980.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 24 December 1979.
NOTES—continued
2. Statutory Rules 1941 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 178 and see also Statutory Rules 1979 No. 178.
Overview
Statutory Rules 1979 No. 297, made under the Public Service Act 1922, addresses a specific issue concerning the lapsing of recreation leave for officers within the Parliamentary Service. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council and the recommendations of the President of the Senate and the Speaker of the House of Representatives, these regulations were designed to provide a temporary solution to the problem of ungranted recreation leave credits that accrued to officers on 1 January 1978. The policy objective was to ensure that such leave credits do not lapse before they can be utilised, thereby maintaining the entitlements of the officers affected by operational demands of the Parliamentary Service. This regulation was a direct response to the exigencies of the service, allowing for a flexible approach to managing leave entitlements in an environment where operational needs could impede the timely granting of leave.
Scope and Application
This legislative instrument amends the Public Service (Parliamentary Officers) Regulations under the Public Service Act 1922. It specifically targets officers within the Parliamentary Service who have accrued recreation leave credits as of 1 January 1978 but have not been granted leave of absence for recreation by 1 January 1980. This amendment applies to all parliamentary officers affected by the exigencies of the Parliamentary Service. The regulation extends the period until which these officers can utilise their accrued recreation leave credits without them lapsing, allowing either the entire credit or the remaining part of it to remain valid until 1 August 1980. The jurisdictional reach of these regulations is limited to the Commonwealth level, impacting only those officers who fall under the purview of the Public Service Act 1922 and its associated regulations. There are no stated exclusions or exemptions within the text of this amendment; however, it is pertinent to note that any broader exclusions or exemptions would be defined within the overarching Public Service Act 1922.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the Public Service (Parliamentary Officers) Regulations, specifically under Regulation 36e, which addresses the lapsing of recreation leave for parliamentary officers. Regulation 36e(5) introduces a provision allowing the Parliamentary Head to direct that recreation leave credit, which could not be utilised before 1 January 1980 due to the exigencies of the Parliamentary Service, will not lapse until 1 August 1980. This applies to either the entire recreation leave credit or the remaining portion of the credit, depending on whether any leave was granted prior to 1 January 1980.
The Act imposes specific obligations on the Parliamentary Head and relevant officers. The Parliamentary Head is tasked with determining when it is impracticable to grant recreation leave for credits accrued by 1 January 1978 and must decide on the extension of the non-lapse period for these credits. Officers affected by this ruling must comply with any directions issued by the Parliamentary Head regarding the extension of their recreation leave credits. These provisions ensure that the exigencies of the Parliamentary Service do not unfairly disadvantage officers who were unable to utilise their leave within the originally specified timeframe.
Failure to comply with the directions issued by the Parliamentary Head under this regulation could potentially lead to legal consequences, though specific offences, penalties, or civil/criminal consequences are not explicitly stated in this legislative instrument. However, any breaches of the regulations may be subject to the general penalties and enforcement mechanisms provided under the Public Service Act 1922 or other relevant legislation. The maximum penalties for breaches would depend on the specific nature of the breach and the applicable laws at the time.