Public Service Regulations (Amendment)

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Statutory Rules

1976 No. 304

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922.*

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

Dated this seventeenth day of December, 1976.

A. S. COOLEY

Chairman.

D. LINEHAN

Commissioner.

J. C. TAYLOR

Commissioner.

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

Dated this twenty-third day of December, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

A. A. STALEY

Minister of State for the Capital Territory for and on behalf of the Prime Minister.

 

Amendments of the Public Service Regulations†

Leave of absence to officers and employees undertaking courses of study.

1. Regulation 50b of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (3) the words “ the Board ” (first occurring) and substituting the words “ the Chief Officer or an officer authorized in writing by the Permanent Head ”; and

(b) by omitting from sub-regulation (3) the words “ the Board ” (second occurring) and substituting the words “ the Chief Officer or the authorized officer ”.

 

* Notified in the Australian Government Gazette on 30 December 1976.

† Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1976, No. 17 and see also Statutory Rules 1976, Nos. 17, 18, 71, 95, 96, 116, 152, 153, 154, 155, 167, 178, 180, 182, 229, 231, 248, 300 and 302.


Interpretation.

2. Regulation 100a of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “ course of instruction ”;

(b) by inserting in the definition of “ fees ” in sub-regulation (1), after the words “ enrolled for a course of study ”, the words “, or a short course of instruction,”;

(c) by inserting in the definition of “ fees ” in sub-regulation (1), after the word “ institution ” (wherever occurring), the words “ or body ”;

(d) by adding at the end of sub-regulation (1) the following definitions:—

“ ‘ private institution or body ’ means an institution or body, other than a public institution or body, approved by the Board;

‘ public institution or body ’ means an institution or body conducted by or on behalf of the Government of the Commonwealth or by or on behalf of the Government of a State;

‘ short course of instruction ’ means—

(a) a course of instruction, not being a course of study, in which the period or periods of leave of absence required by the officer to attend the lectures and perform the practical work that he is required to attend and perform whilst undertaking the course and for travelling for the purpose of attending those lectures or performing that practical work is a continuous period, or are periods amounting in the aggregate to a period, of less than 200 hours; or

(b) a course of instruction, not being a course of study, approved by the Board for the purposes of this definition.”; and

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

Approved students.

3. Regulation 100b is amended—

(a) by omitting paragraphs (a) and (b) of sub-regulation (1) and substituting the following paragraphs:—

“ (a) who has enrolled for a course of study at an institution, to pursue the whole or part of that course of study during a prescribed period; or

(b) who has enrolled for a short course of instruction, to pursue the whole or part of that course of instruction during a prescribed period;”;

(b) by omitting from sub-regulation (2) the words “ The Permanent Head ” and substituting the words “ Subject to sub-regulation (2a), the Permanent Head ”; and

(c) by inserting after sub-regulation (2) the following sub-regulation:—

“ (2a) In respect of a course of study, or a short course of instruction, ordinarily taught at a secondary school, the Permanent Head shall not approve an application under sub-regulation (1) unless the applicant has enrolled for that course of study or short course of instruction at a public institution or body or a private institution or body”.

Reimbursement of fees.

4. Regulation 100c is amended by inserting the following sub-regulations after sub-regulation (4): —

“ (4a) Where an officer has enrolled at a private institution or body for a course of study, or a short course of instruction, ordinarily taught at a secondary


school, the amount reimbursed to him under this regulation, in respect of the prescribed period, shall not exceed the amount to which he would have been entitled, or the payment of which the Permanent Head would have authorized, under this regulation in respect of an equivalent course of study or short course of instruction, as the case may be, offered during the prescribed period by a public institution or body at the place nearest to the officer’s residence, being a place determined by the Permanent Head, when approving the officer’s application under regulation 100b, to be reasonably accessible to the officer.

“ (4b) In determining under sub-regulation (4a) whether a place is reasonably accessible to an officer, the Permanent Head shall have regard to—

(a) the proximity of the place to the officer’s place of residence or ordinary place of duty;

(b) the availability of public transport for the officer to travel to and from the place;

(c) the times at which the officer would be required to attend at the place; and

(d) the officer’s ordinary hours of duty.”.

Overview

The Statutory Rules 1976 No. 304, made under the Public Service Act 1922, were enacted to amend the Public Service Regulations, addressing gaps in the administration of leave and fees for officers and employees pursuing courses of study or short courses of instruction. This legislative instrument was issued by the Public Service Board and approved by the Governor-General, acting on the advice of the Federal Executive Council. The overarching policy objective of these amendments is to streamline the approval process for leave and fees, ensuring that officers and employees receive appropriate support for their professional development while maintaining consistency and fairness in the reimbursement of educational expenses.

Scope and Application

The Statutory Rules 1976 No. 304 under the Public Service Act 1922 amends the Public Service Regulations to modify the provisions related to leave of absence for officers and employees undertaking courses of study. Specifically, the Regulations alter the approval process for leave of absence by shifting the authority from the Public Service Board to the Chief Officer or an officer authorised in writing by the Permanent Head. Additionally, the Regulations amend the definitions within the Regulations to clarify terms such as "private institution or body," "public institution or body," and "short course of instruction." The Regulations also refine the conditions for approval of students enrolling in courses of study or short courses of instruction, and establish criteria for the reimbursement of fees for such courses, ensuring that the reimbursement for courses undertaken at private institutions does not exceed what would be payable for equivalent courses at public institutions. These amendments apply to officers and employees within the Commonwealth public service and are intended to streamline administrative processes related to educational leave and associated fees.

Key Provisions

The main operative sections of these regulations involve amendments to the Public Service Regulations, specifically concerning leave of absence for officers and employees undertaking courses of study (Regulation 50b), the interpretation of terms such as "course of study" and "fees" (Regulation 100a), the criteria for approved students (Regulation 100b), and the reimbursement of fees (Regulation 100c). Regulation 50b modifies the authority responsible for granting leave of absence from the Public Service Board to the Chief Officer or an authorized officer. Regulation 100a expands definitions, introduces the concept of "short course of instruction," and adjusts the definition of "fees" to include short courses and private institutions or bodies. Regulation 100b redefines approved students to include those enrolled in short courses and subjects the approval of the Permanent Head to specific conditions. Regulation 100c introduces new provisions for the reimbursement of fees, ensuring that reimbursement for private institutions or bodies is limited to what would be paid for a comparable public institution or body. These regulations impose several obligations on the parties and entities they govern. Officers and employees seeking leave of absence for courses of study or short courses of instruction must enroll in courses approved by the Permanent Head, who may impose conditions on such approvals (Regulation 100b(2a)). The Chief Officer or an authorized officer must approve leave of absence for such courses (Regulation 50b(a)). The Permanent Head has the authority to determine the reimbursement amount for fees, ensuring it does not exceed what would be paid for an equivalent course at a public institution or body (Regulation 100c(4a)-(4b)). The Permanent Head must also consider factors such as proximity to the officer's residence, availability of public transport, and the officer's duty hours when determining reasonable accessibility (Regulation 100c(4b)). The regulations establish potential civil consequences for non-compliance, particularly in terms of reimbursement. If an officer enrolls in a course at a private institution or body, the reimbursement amount must not exceed the equivalent fee for a public institution or body (Regulation 100c(4a)). Failure to adhere to the defined criteria for reimbursement could result in officers not receiving the full amount they are entitled to, as per the provisions outlined in Regulation 100c. These provisions ensure that officers are fairly compensated for their educational pursuits while maintaining fiscal responsibility within the public service framework.

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