Public Service Regulations (Amendment)

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1975 No. 194

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1975.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1975, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this nineteenth day of September, 1975.

A. S. COOLEY

Chairman.

D. LINEHAN

Commissioner.

J. C. TAYLOR

Commissioner.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby approve the following Regulations.

Dated this thirtieth day of September, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

KEP. ENDERBY

Attorney-General for and on behalf

of the Prime Minister.

_________

Amendments of the Public Service Regulations†

Recreation leave credits— officers who were formerly temporary employees.

1. Regulation 46a of the Public Service Regulations is amended—

(a) by omitting sub-regulation (3) and substituting the following sub-regulation:—

“ (3) A recreation leave credit in accordance with sub-section 68 (4) of the Act does not accrue—

(a) in the case of an officer who makes an election under sub-regulation (5a) or sub-regulation (5c), on the first day of January next following the date of his appointment or on the next succeeding first day of January; and

 

* Notified in the Australian Government Gazette on 1 October 1975.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1975, No. 17 and see also Statutory Rules 1975, Nos. 17, 18, 33, 54, 72, 132, 150, 174 and 184.


(b) in the case of any other officer to whom this regulation applies, on the first day of January next following the date of his appointment.”;

(b) by omitting from sub-regulation (4) the words “ (not being an officer referred to in sub-regulation (7) of this regulation) ” and substituting the words “ (not being an officer who has made an election under sub-regulation (5a)) ”;

(c) by omitting from sub-regulation (5) the words “ (not being an officer referred to in sub-regulation (7) of this regulation) ” and substituting the words “ (not being an officer who has made an election under sub-regulation (5c)) ”;

(d) by inserting after sub-regulation (5) the following sub-regulations:—

“ (5a) Where—

(a) the anniversary, in the year in which he commenced duties as an officer, of the date on which an officer to whom this regulation applies commenced employment under the Act in a temporary capacity occurs on or after the date on which the officer commenced duties as an officer and on or before the next following thirty-first day of December; and

(b) the officer, by notice in writing delivered to the Chief Officer within 28 days after the day on which he commenced duties as an officer, elects to have his recreation leave entitlements fixed in accordance with sub-regulation (5b),

recreation leave accrues to the officer in accordance with that sub-regulation.

“ (5b) There accrues to an officer who elects under sub-regulation (5a) to have his recreation leave entitlement fixed in accordance with this sub-regulation—

(a) on the anniversary, in the year in which he commenced duties as an officer, of the date on which he commenced employ­ment under the Act in a temporary capacity, a recreation leave credit of a period that would have accrued to him under sub-section 68 (4) of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable;

(b) on the next succeeding anniversary of the date on which the officer commenced employment under the Act in a temporary capacity, a recreation leave credit of a period that would have accrued to him under sub-section 68 (4) of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable; and

(c) where the period that commences on the anniversary referred to in paragraph (b) and ends on the next following thirty-first day of December exceeds one month, there accrues to the officer on the next following first day of January a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to him under sub-section 68 (4) of the Act, if that sub-section had been applicable, for each complete month in that period.

“ (5c) Where—

(a) the anniversary, in the year in which he commenced duties as an officer, of the date on which an officer to whom this


regulation applies commenced employment under the Act in a temporary capacity occurred in the period that com­menced on the first day of January last preceding the date on which he commenced duties as an officer and ended on the day immediately before the day on which he commenced duties as an officer; and

(b) the officer, by notice in writing delivered to the Chief Officer within 28 days after the day on which he commenced duties as an officer, elects to have his recreation leave entitlements fixed in accordance with sub-regulation (5d),

recreation leave accrues to the officer in accordance with that sub-regulation.

“ (5d) There accrues to an officer who elects under sub-regulation (5c) to have his recreation leave entitlement fixed in accordance with this sub-regulation—

(a) on the anniversary, in the year next following that in which he commenced duties as an officer, of the date on which he commenced employment under the Act in a temporary capacity, a recreation leave credit of a period that would have accrued to him under sub-section 68 (4) of the Act if that anniversary had occurred on a first day of January and that sub-section had been applicable; and

(b) where the period that commences on the anniversary referred to in paragraph (a) and ends on the next following thirty-first day of December exceeds one month, there accrues to the officer on the next following first day of January a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to him under sub-section 68 (4) of the Act, if that sub-section had been applicable, for each complete month in that period.”;

(e) by omitting from sub-regulation (6) the words “ (not being an officer referred to in the next succeeding sub-regulation) ”; and

(f) by omitting sub-regulation (7).

Determination of anniversary of date of commencing duties as an officer.

2. Regulation 46c of the Public Service Regulations is amended by omitting from sub-regulation (3) the words “ day on which ” (wherever occurring) and substituting the words “ first day of January in the year in which ”.

Payment in lieu of recreation leave for certain officers ceasing to be officers otherwise than by death.

3. Regulation 46d of the Public Service Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1) all the words after the words “ an officer ” and substituting the word “; and ”; and

(b) by inserting in sub-regulation (4), after the word “ officer ” (second occurring), the words “, during the year in which he ceased to be an officer,”.

Special recreation leave credits— officers granted leave for specified defence purposes.

4. Regulation 50d of the Public Service Regulations is amended by omitting from sub-regulation (2) the words “ that period ” and substituting the words “ the period commencing on the anniversary of the date on which the officer commenced duties as an officer that last preceded the date as from which he is granted the leave of absence and ending on the day immediately before the date as from which he is granted that leave of absence ”.

Overview

The Public Service Regulations 1975, enacted under the Public Service Act 1922-1975, were established to address the need for clear guidelines and regulations governing the public service in Australia. These regulations were made by the Public Service Board and subsequently approved by the Governor-General. The primary objective of these regulations is to provide detailed rules for the management and administration of public service employees, ensuring consistency and fairness in the public sector. The regulations cover various aspects such as leave entitlements, employment conditions, and other administrative matters, thereby filling the gap left by the broader provisions of the Public Service Act. The regulations were enacted to ensure that public service employees have clear and consistent guidelines regarding their employment conditions, benefits, and administrative procedures. This legislative instrument serves to enhance the efficiency and effectiveness of the public service by providing specific rules that are necessary for the smooth operation of government departments and agencies.

Scope and Application

The Public Service Regulations 1975, made under the Public Service Act 1922-1975, apply to officers within the Australian Public Service. These regulations govern various aspects of employment within the public service, including leave entitlements such as recreation leave credits. The amendments introduced by these regulations affect officers who were formerly temporary employees, providing them with specific provisions regarding the accrual of recreation leave credits. Notably, the regulations establish different accrual periods depending on the timing of the officer's anniversary in relation to their commencement of duties and their election to have recreation leave entitlements fixed. The regulations also clarify the calculation of recreation leave credits for officers who make such an election, ensuring that these credits are accrued based on the anniversary of their commencement of employment under the Act in a temporary capacity. Additionally, the regulations adjust the method for determining the anniversary of the date of commencing duties as an officer and modify the conditions for payment in lieu of recreation leave for officers ceasing to be officers otherwise than by death. The scope of these regulations is limited to the officers within the Australian Public Service, and they are subject to the approval of the Governor-General.

Key Provisions

The main sections of the Regulations under the Public Service Act 1922-1975 that are relevant to recreation leave credits for officers who were formerly temporary employees are Regulation 46a, which is amended to alter the conditions under which recreation leave credits accrue, and Regulation 46c, which is amended to clarify the determination of the anniversary of the date of commencing duties as an officer. Regulation 46a provides new sub-regulations (5a) through (5d) that specify the conditions under which recreation leave credits accrue based on the officer's election and the timing of their anniversary date in relation to their commencement of duties as a permanent officer. Regulation 46c modifies sub-regulation (3) to redefine the anniversary of the date of commencing duties as the first day of January in the year in which the officer commenced duties. These Regulations impose specific obligations on officers regarding their recreation leave entitlements. Officers must make an election in writing within 28 days of commencing duties as an officer, choosing whether to have their recreation leave entitlements fixed in accordance with the new sub-regulations (5b) or (5d). Failure to make this election within the specified timeframe may result in the officer not accruing recreation leave credits as intended by the Regulations. Furthermore, officers must be aware of the anniversary of the date they commenced employment under the Act in a temporary capacity, as this date affects the timing of when their recreation leave credits will accrue. Failure to comply with the requirements set out in these Regulations may have civil or administrative consequences. While the Regulations do not explicitly state penalties for non-compliance, breaches of public service regulations can generally lead to disciplinary action, including the potential for termination of employment, depending on the severity and nature of the breach. Additionally, officers who do not adhere to the prescribed timelines and procedures for electing their recreation leave entitlements may face adjustments to their leave balances or other administrative consequences as determined by the Chief Officer or relevant authority.

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