Public Service (Parliamentary Officers) Regulations (Amendment)

Legislation au C1963L00003 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963 No. 3.

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1960.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Public Service Act 1922-1960.

Dated this  twenty-second

day of  January , 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Sgd, GORDON FREETH

Minister of State for the Interior For and behalf of the

Prime Minister.

Amendments of the Public Service (Parliamentary Officers) Regulations. †

Interpretation.

1. Regulation 4 of the Public Service (Parliamentary Officers) Regulations is amended by inserting after the definition of “the Act” the following definition:—

“‘the officer in charge’, in relation to an officer or employee, means the officer appointed by the Permanent Head to be, for the purpose of a provision of these Regulations, the officer in charge of the first-mentioned officer or the employee;”.

Recording of attendances.

2. Regulations 9, 10 and 11 of the Public Service (Parliamentary Officers) Regulations are repealed and the following regulations inserted in their stead:—

“9.—(1.) Subject to this regulation, each officer or employee shall record, in an attendance book or other means of record approved by the Permanent Head—

(a) at the time of his arrival for duty on each day—the actual time of his arrival for duty; and

(b) at the time of his departure from duty on each day—the actual time of his departure from duty.

“(2.) Where an officer or employee arrives on duty at a time that is more than ten minutes after the time at which he is required to commence duty, the officer or employee shall not record the time of his arrival, but shall immediately after his arrival report to the officer in charge who shall record the time of arrival of the officer or employee and the explanation furnished by the officer or employee for his late attendance.

* Notified in the Commonwealth Gazette on 30th January, 1962.

† 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; and 1962, No. 6.

10766/62.—Price 3d. 12/3.12.1962.


“(3.) This regulation does not apply to—

(a) an officer of the First Division or the Second Division; or

(b) any other officer or employee who has, for the time being, been exempted from the application of this regulation by the Parliamentary Head on the recommendation of the Permanent Head.

“(4.) The exemption of an officer or employee from the application of this regulation does not authorize the officer or employee to absent himself from duty, or to leave his place of duty except on official business, within his hours of duty.”.

Breaches of the Regulations in relation to attendance for duty and for unauthorized absences.

“10. An officer—

(a) who records, as the time of his arrival on duty or his departure from duty, a time other than the actual time of his arrival on duty or his departure from duty, as the case may be;

(b) who, having arrived on duty later than ten minutes after the time at which he is required to commence duty, fails to report to the officer in charge or, having so reported, fails to give an explanation for his late arrival;

(c) who commences duty after the time at which he is required to commence duty on any day or after the time at which he is required to commence duty after a meal break;

(d) who ceases duty before the time until which he is required to perform duty on any day or until which he is required to perform duty before the commencement of a meal break;

(e) who is frequently late in attending for duty;

(f) who is, during his hours of duty, absent from duty without the express permission of the Permanent Head or the officer in charge; or

(g) who, being prevented by illness or other emergency from attending for duty, does not, as soon as he may do so, report the fact to the officer in charge,

commits a breach of these Regulations.

Officer or employee who is absent without authority may be required to perform duty outside office hours.

“11.—(1.) Where an officer or employee is absent from duty and the period of absence is or was not authorized by or under the Act or these Regulations, the Permanent Head may require the officer or employee to perform duty at a time when the officer would not otherwise be required to perform duty for a period equal to the period during which the officer was so absent from duty.

“(2.) Regulation 65 of these Regulations does not apply to, or in relation to, duty performed in pursuance of a requirement under the last preceding sub-regulation.

Forfeiture of salary or pay for unauthorized absences.

“11a.—(l.) Where—

(a) an officer or employee has been absent from duty in any fortnightly pay period for a period of, or for periods that total, thirty minutes or more than thirty minutes; and

(b) the period or periods of absence was or were not authorized by or under the Act or these Regulations,

the Permanent Head may, subject to this regulation, direct the forfeiture of the salary or pay of the officer or employee for the period or periods.


“(2.) The period of any absence in respect of which an officer or employee has performed duty in pursuance of a requirement made under the last preceding regulation shall be disregarded for the purposes of this regulation.

Leave of absence during hours of duty.

“11b. Where an officer or employee is granted permission by the Chief Officer or officer in charge to be absent from duty during his hours of duty, the Chief Officer may grant to the officer or employee leave of absence with pay or without pay or leave of absence for recreation.”.

Recreation leave to be taken in year in which it accrues.

3. Regulation 36 of the Public Service (Parliamentary Officers) Regulations is amended by omitting from the first proviso the words “,and any such case shall be reported to the Parliamentary Head by the Permanent Head”.

Illness caused through misconduct.

4. Regulation 47 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “a fee” and inserting in their stead the words “the fee payable”; and

(b) by omitting sub-regulation (5.).

Partial re-imbursement of fares of certain officers.

5. Regulation 70d of the Public Service (Parliamentary Officers) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the figures “£685” and inserting in their stead the figures “£740”.

Salaries payable to officers of the Second or Third Division.

6. Regulation 71 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting the Table in sub-regulation (1.) and inserting in its stead the following table:—

Table A.

£

£

£

£

£

£

£

499

590

676

740

808

858

913

968

1,023

1,078

1,133

1,188

1,243

1,298

1,353

1,408

1,463

1,518

1,573

1,628

1,683

1,738

1,793

1,848

1,903

1,968

2,033

2,098

2,163

2,228

2,293

2,358

2,423

2,488

2,553

2,618

2,748

2,878

3,008

3,138

3,268

3,398

3,528

3,650

3,775

3,900

4,025

4,175

4,300

4,425

4,550

4,675

4,800

4,925

5,050

5,175

5,525;

 

 

 

 

 

 

(b) by omitting from sub-regulation (4.) the figures “£758” and inserting in their stead the figures “£808”;

(c) by omitting from sub-regulation (5.) the figures “£758” and “600” and inserting in their stead the figures “£805” and “613”, respectively;

(d) by omitting from the table in sub-regulation (6.) the figures “758”, “808” and “858” and inserting in their stead the figures “808”, “858” and “913”, respectively;

(e) by omitting from the table in sub-regulation (7.) the figures “604”, “654” and “704” and inserting in their stead the figures “654”, “704” and “759”, respectively;


(f) toy omitting from paragraph (b) of sub-regulation (8.) the figures “£600” and inserting in their stead the figures “£613”; and

(g) by adding at the end thereof the following sub-regulation:—

“(9.) An officer who is paid salary in pursuance of the last preceding sub-regulation and has not attained the age of 21 years may be paid an allowance at the rate of £105 per annum.”.

Payment of removal expenses on death or retirement of officers.

7. After regulation 82 of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted:—

“82a.—(1.) Where the family of a deceased person who was an officer resided with him in the locality in which, immediately before his death or retirement, he performed his duties, the Parliamentary Head may, if he thinks fit, after having had regard to—

(a) the circumstances in which the person was appointed, transferred or promoted to that locality;

(b) the time spent by the person and his family in that locality; and

(c) any other matters that the Parliamentary Head considers relevant,

authorize the payment to the widow or to a member of the family of the person of the whole or such part as the Parliamentary Head thinks fit of the expenses incurred in the conveyance of herself and her family (if any) or the member of the family and any other members of the family, as the case may be, and of the furniture and household effects of the family from that locality to another place.

“(2.) Where an officer retires or is retired from the Parliamentary Service and his family resided with him in the locality in which immediately before his retirement, he performed his duties, the Parliamentary Head may, if he thinks fit after having had regard to—

(a) the circumstances in which the officer was appointed, transferred or promoted to that locality;

(b) the time spent by him and his family in that locality; and

(c) any other matters that the Parliamentary Head considers relevant,

authorize the payment to the officer of the whole or such part as the Parliamentary Head sees fit, of the expenses incurred in the conveyance of him and his family (if any) and his furniture and household effects from that locality to the nearest capital city or to such other place as the Parliamentary Head, in any particular case, determines.”.

General obligations of employees.

8. After regulation 87 of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted:—

“87a. Subject to the Act and these Regulations, an employee has, in addition to the obligations expressly imposed on him by these Regulations, the obligations that are imposed by these Regulations on an officer.”.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1963 No. 3, made under the Public Service Act 1922-1960, were enacted to amend existing regulations regarding the attendance and duties of parliamentary officers. These regulations were introduced to ensure clarity and consistency in the recording of attendance, and to provide clear guidelines for managing unauthorized absences and late arrivals. The enacting body was the Governor-General in Council, acting on the advice of the Federal Executive Council, and the President of the Senate and the Speaker of the House of Representatives. The policy objective was to improve the management of attendance and punctuality among parliamentary officers, ensuring that all officers adhere to their duty hours and report any deviations appropriately. The regulations also address the financial implications of unauthorized absences and the procedures for handling such cases.

Scope and Application

The Regulations under the Public Service Act 1922-1960 primarily apply to officers and employees within the parliamentary service, establishing protocols for attendance recording, duty performance, and absences. These Regulations cover individuals working in the parliamentary service, excluding those in the First or Second Division and those specifically exempted by the Parliamentary Head on the recommendation of the Permanent Head. The geographic and jurisdictional reach of these Regulations is limited to the Commonwealth of Australia, particularly focusing on the parliamentary officers' conduct and transactions. The Regulations include provisions for recording attendance, handling breaches such as unauthorized absences, and imposing penalties including forfeiture of salary or pay for such breaches. Additionally, the Regulations address matters such as the forfeiture of salary or pay for unauthorized absences, the granting of leave of absence during duty hours, and reimbursement of certain expenses related to illness or relocation due to retirement or death. These Regulations extend their application through subordinate instruments by allowing for amendments and additions to the existing Public Service (Parliamentary Officers) Regulations, ensuring flexibility and adaptation to changing circumstances within the parliamentary service.

Key Provisions

The main operative sections of these Regulations under the Public Service Act 1922-1960 primarily revolve around the recording of attendances by officers and employees. Regulation 9(1) mandates that each officer or employee must record their arrival and departure times in an attendance book or an approved means of record. Exceptions are provided for officers of the First and Second Divisions, as well as any other officers or employees who have been exempted by the Parliamentary Head on the recommendation of the Permanent Head. However, exemption does not permit absence from duty or leaving the place of duty without official business during working hours (Reg. 9(3) and (4)). These Regulations impose several obligations on officers and employees. They must ensure accurate recording of their attendance times (Reg. 9(1)). If an officer or employee arrives more than ten minutes late, they must report to the officer in charge who will record the late arrival and the explanation provided (Reg. 9(2)). Additionally, officers and employees must avoid late commencement of duty, early cessation of duty, frequent lateness, and absence without express permission (Reg. 10). In case of absence without authorization, officers or employees may be required to perform duty outside normal hours or forfeit salary or pay (Regs. 11 and 11a). Breaches of these Regulations can lead to various consequences. An officer who records incorrect attendance times, fails to report late arrivals, commences or ceases duty at unauthorized times, is frequently late, or is absent without permission commits a breach (Reg. 10). Such breaches may result in the officer being required to perform additional duty outside normal hours or having their salary or pay forfeited (Regs. 11 and 11a). The specific penalties are not explicitly stated in the Regulations, but the consequences of such breaches are severe enough to warrant mandatory additional duties or financial penalties. The Regulations also outline specific penalties and consequences for unauthorized absences. If an officer or employee is absent from duty without authorization for a period totaling thirty minutes or more in any fortnightly pay period, the Permanent Head may direct the forfeiture of their salary or pay for that period (Reg. 11a(1) and (2)). The absence periods for which duty has been performed in lieu of salary forfeiture are disregarded (Reg. 11a(2)). This measure ensures accountability for unauthorized absences and serves as a deterrent against such breaches.

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