STATUTORY RULES
1970 No.
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REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1968.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968, hereby makes, subject to the approval of the Governor-General, the following Regulation.
Dated this Fourth day of August, 1970.
Chairman.
Commissioner.
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 Regulation.
Dated this first day of September, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for the Army for
and on behalf of the Prime Minister.
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Amendment of the Public Service Regulations†
Salary for purposes of furlough.
Regulation 62 of the Public Service Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) Where an officer has, during the continuous period of one year immediately preceding the date on which he commences leave of absence under section 73 of the Act, the date of his retirement from the Service or the date of his death, whichever is applicable, performed, or would during that period, but for his absence on authorized leave, have performed, the duties of more than one office each of which had a higher classification than his own for successive periods
*Notified in the Commonwealth Gazette on 1970.
†Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1970, No. 7, and see also Statutory Rules 1970, Nos. 7, 13, 14, 19, 29, 42, 57 and 58.
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which were continuous one with the other but in relation to which higher duties allowance at different rates was payable, the officer shall, for the purposes of the last preceding sub-regulation, be deemed to have performed the duties of whichever of those offices having a higher classification than his own has the lowest classification for that continuous period of one year.”.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
Statutory Rules 1970 No. 1414, issued under the Public Service Act 1922-1968, was enacted to amend the Public Service Regulations, specifically addressing the issue of salary calculation for officers on leave or retiring. The regulation was made by the Public Service Board, acting in accordance with the authority granted by the Public Service Act, and subsequently approved by the Governor-General in council. The primary objective of this legislative instrument is to ensure that officers who perform duties of higher classification for continuous periods receive appropriate compensation, by deeming them to have performed duties at the lowest of these higher classifications for the purposes of calculating their furlough salary. This amendment aims to provide a fair and consistent method of determining salary for public service officers during leave or retirement, thereby addressing potential discrepancies in salary classification.
Scope and Application
The statutory rules under the Public Service Act 1922-1968 govern the salary calculations for officers on furlough, specifically addressing the conditions under which officers are deemed to have performed duties at a higher classification. These regulations apply to officers within the Commonwealth public service, specifically those who may have performed duties at a higher classification than their own during the continuous period of one year prior to commencing leave of absence. The regulation aims to provide clarity and consistency in the calculation of higher duties allowance by deeming officers to have performed duties at the lowest classification of the higher offices they have occupied. The regulation is a direct amendment to the Public Service Regulations, and its application extends to all officers within the Commonwealth public service who meet the specified criteria. Notably, the regulation does not specify any exclusions or exemptions, implying that all applicable officers are subject to its provisions. The regulation is a Commonwealth instrument, thereby applying nationally across all jurisdictions within Australia.
Key Provisions
The key operative sections of this statutory instrument (C2004L01414) pertain to the amendment of Regulation 62 of the Public Service Regulations. Regulation 62, which deals with salary for purposes of furlough, is specifically modified to redefine the criteria for determining the classification of duties performed by an officer during the year before commencing leave or retirement. According to the amendment, an officer who has performed duties of more than one office, each with a higher classification than their own, for successive periods that were continuous, will be deemed to have performed the duties of the office with the lowest classification for salary calculation purposes (Regulation 62(3)). This change aims to ensure a more accurate and fair assessment of the officer's furlough salary.
The Act imposes specific obligations on officers and the Public Service Board. Officers must ensure they accurately report the duties they have performed during the year preceding their leave or retirement. The Public Service Board, acting under the authority conferred by the Public Service Act 1922-1968, is responsible for implementing these regulations and ensuring they are adhered to. This includes the administrative tasks of monitoring and verifying the duties performed by officers to apply the correct salary classifications.
There are no explicit offences, penalties, or consequences mentioned in the statutory instrument for breach of these provisions. However, any non-compliance with the Public Service Regulations, including this amendment, could potentially lead to administrative actions or disputes regarding furlough entitlements. While specific penalties are not outlined in this particular statutory instrument, breaches of public service regulations generally could result in disciplinary actions, financial penalties, or other corrective measures as deemed appropriate by the Public Service Board or relevant authorities.