Statutory Rules
1975 No. 230
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 eighteenth day of December, 1975.
Chairman.
Commissioner.
Commissioner.
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby approve the following Regulations.
Dated this twenty-second day of December, 1975.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Prime Minister.
Amendment of the Public Service Regulations†
Commencement.
1. These Regulations shall come into operation on 1 January 1976.
2. Regulation 49b of the Public Service Regulations is repealed and the following regulation substituted:—
Accrual of special recreation leave credits—1975.
“ 49b. Where, by reason of the exigencies of the Public Service in the year 1975, it was found to be impracticable to grant to an officer leave of absence for recreation for such a period as would prevent the lapsing of the recreation leave credit of the officer that lapsed on 31 December 1975, the service of that officer during that year is, for the purposes of paragraph 68 (4) (b) of the Act,
* Notified in the Australian Government Gazette on 23 December 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, 174, 184, 194 and 212.
18252/75––Recommended retail price 5c 10/16.12.1975
service in special circumstances, and the longer period of recreation leave that accrues under sub-section 68(4) of the Act to the officer on 1 January 1976 is the total of —
(a) the period of the recreation leave credit that would, but for this regulation, accrue to the officer on 1 January 1976; and
(b) a period equal to the recreation leave credit of the officer that lapsed on 31 December 1975.”.
Overview
The Statutory Rules 1975 No. 230, enacted under the Public Service Act 1922-1975, addresses an issue regarding the accrual of special recreation leave credits for public service officers in the year 1975. This legislation was enacted by the Public Service Board, which acts pursuant to the authority conferred by the Public Service Act. The policy objective is to ensure that public service officers do not lose their recreation leave credits due to the exigencies of their duties during the specified year. The regulations were approved by the Governor-General, John R. Kerr, on 22 December 1975, and came into effect on 1 January 1976, ensuring that the leave credits that lapsed on 31 December 1975 are accounted for in the officers' accrual of special recreation leave for the following year.
Scope and Application
The Public Service Regulations, enacted under the Public Service Act 1922-1975, apply to officers within the Commonwealth public service, which includes all individuals employed by the federal government in various capacities. These regulations govern the accrual and management of leave, including special recreation leave, for public service officers. They have a national reach, applying across all states and territories of Australia, ensuring a uniform approach to public service employment conditions. The regulations are designed to address specific circumstances, such as the impracticality of granting leave during a particular year, and provide exceptions to standard leave accrual rules. Any amendments or extensions to these regulations may be made through subordinate instruments, thereby ensuring the regulations remain relevant and effective in managing public service leave entitlements.
Key Provisions
The main operative sections of the Regulations, particularly regulation 49b, address the accrual of special recreation leave credits for officers in the Public Service during the year 1975. Regulation 49b provides a special provision for officers whose recreation leave credits lapsed on 31 December 1975 due to the exigencies of the Public Service. This regulation acknowledges the impracticality of granting leave to prevent the lapsing of these credits and allows for the accrual of a longer period of recreation leave to compensate for the lapsed credits. Specifically, it states that the leave accruing on 1 January 1976 will include both the period that would have accrued without this regulation and a period equal to the lapsed recreation leave credit from 31 December 1975 (reg 49b).
The Regulations impose obligations on the Public Service to ensure that officers whose recreation leave credits lapsed on 31 December 1975 receive the appropriate accrual of leave as stipulated. This includes calculating the total leave to be accrued by 1 January 1976 by adding the regular accrual to the amount of the lapsed credits. The Public Service Board must also ensure that these calculations are accurately applied to each affected officer’s leave records. This obligation ensures that officers are fairly compensated for the leave that lapsed due to operational constraints in 1975.
There are no explicit offences, penalties, or civil/criminal consequences detailed within these Regulations for breaches. However, failure to correctly implement the provisions of regulation 49b could potentially lead to disputes or claims from affected officers regarding their leave entitlements. The Public Service Board and relevant authorities would need to ensure compliance to avoid such issues. While the Regulations do not specify penalties, any disputes arising from non-compliance would likely be addressed through administrative or legal processes under the Public Service Act 1922-1975 or other relevant legislation.