STATUTORY RULES.
1960. No. 18.
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1958.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1958, hereby makes, subject to the approval of the Governor-General, the following Regulations.
Dated this first day of February, 1960.
W. E. DUNK
Chairman.
G. G. SUTCLIFFE
Commissioner.
K. E. GRAINGER
Commissioner.
I, The Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated this thirty-first day of March, 1960.
DUNROSSIL
Governor-General.
By His Excellency’s Command,
A. R. DOWNER
For and on behalf of the Prime Minister.
Amendment of the Public Service Regulations.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the first day of January, 1958.
2. After regulation 99 of the Public Service Regulations, the following regulation is inserted:—
Allowance in lieu of recreation leave in certain circumstances.
“99a. Where—
(a) a person, being an officer, is retired and the person was not, before the date of his retirement, granted leave of absence for recreation in respect of the year in which he is retired; and
* Notified in the Commonwealth Gazette on 7th April, 1960.
† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1960, No. .
600/60.—Price 3d.
(b) the person is, immediately after his retirement, employed as a temporary employee,
the Board may, on the termination of his temporary employment, authorize the payment to him of an allowance of an amount equal to the amount of salary that would have been payable to him for the period for which he would have been granted leave of absence for recreation if he had been employed as a temporary employee for one year or, if the period of his service as an officer in the year in which he retired and the period of his temporary employment extend beyond one year, for the period for which he would have been granted leave of absence for recreation if he had been employed as temporary employee for both the period of his service as an officer and the period of his temporary employment.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1960, No. 18, Regulations under the Public Service Act 1922-1958, were enacted to address a gap in the treatment of recreation leave for retired officers who subsequently become temporary employees. The Public Service Board, acting under the authority conferred by the Public Service Act, introduced these regulations subject to the approval of the Governor-General. The primary objective of these regulations is to provide a fair allowance for recreation leave to officers who retire without having been granted leave and then re-enter employment as temporary staff. The regulations were approved by the Governor-General in accordance with the advice of the Federal Executive Council and came into effect on 1 January 1958.
Scope and Application
The Regulations under the Public Service Act 1922-1958 apply to officers within the Commonwealth public service who meet the criteria specified in the regulations. Specifically, they apply to those officers who were not granted leave of absence for recreation in the year they retired and subsequently become temporary employees immediately after retirement. The regulations establish a framework for the Public Service Board to authorize the payment of an allowance to these officers upon the termination of their temporary employment. This allowance is calculated based on the salary that would have been payable if the officer had been granted recreation leave during their service. The regulations have a national reach, applying across the Commonwealth of Australia, and came into effect on 1 January 1958. While the primary focus is on the financial compensation for recreation leave, the regulations do not explicitly outline exclusions or exemptions, implying that they apply broadly to eligible officers unless otherwise specified in the subordinate instruments or the overarching Public Service Act.
Key Provisions
The main operative sections of the Regulations under the Public Service Act 1922-1958, as amended, include the introduction of a new regulation (Regulation 99a) that provides for an allowance in lieu of recreation leave for certain circumstances. Specifically, Regulation 99a allows the Public Service Board to authorize the payment of an allowance to a retired officer who was not granted leave of absence for recreation in the year of retirement but is subsequently employed as a temporary employee (Section 99a(a) and (b)). This allowance is calculated based on the salary that would have been payable had the officer been granted leave of absence for recreation for the period of their service as an officer and the period of their temporary employment.
The Regulations impose obligations on the Public Service Board to assess and authorize the payment of the allowance in accordance with the terms outlined in Regulation 99a. This includes verifying that the officer meets the specified criteria, such as not having been granted leave of absence for recreation in the year of retirement and subsequently being employed as a temporary employee. The Board must ensure that the allowance is calculated accurately based on the applicable salary and the periods of service involved.
Breaches of the provisions in these Regulations, or failure to comply with the obligations and requirements set out, may lead to civil or criminal consequences, depending on the nature and extent of the non-compliance. While the specific offences, penalties, and consequences are not detailed within the provided text, under general statutory interpretation, non-compliance could potentially lead to administrative penalties or other legal actions. The maximum penalties, if applicable, would be determined based on the specific legal context and any relevant supplementary legislation or case law.