EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 25
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (the Act) provides, inter alia, that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed for carrying out or giving effect to the Act.
Section 71 of the Act provides a head of power for the grant of leave to an officer or employee for purposes prescribed in the Public Service Regulations (the Regulations). The powers contained in the section are included in the scope of the determination-making power under section 82D. A determination providing for grants of leave, currently provided for under section 71 and regulations made pursuant to that section, is to come into operation on 1 March 1987.
Section 34 of the Public Service and Statutory Authorities Amendment Act 1980 repeals section 71 and is proposed to be proclaimed to come into operation is 1 March 1987.
These regulations effect the required associated amendments to the Regulations. Details of the regulations are -
Regulation 1 provides that the regulations come into operation on 1 March 1987.
Regulation 2 repeals regulation 15 which provides for forfeiture of salary or pay for unauthorised absences. This matter is included in the determination under section 82D of the Act.
Regulation 3 inserts regulation 48 into the Regulations. The determination under section 82D includes provision for a grant of leave to an officer on the condition that a recreation leave credit that would otherwise subsequently accrue to the officer shall be reduced by the period of the leave of absence so granted. Such leave was provided for by regulation 61N which is repealed by regulation 5 of these regulations. However, as the provisions relating to recreation leave will continue to be provided for by the regulations, new regulation 48 is required to provide a mechanism for the required deduction from an officer’s recreation leave credits.
Regulations 4 and 5 repeal regulations 53A and 61 to 61T of the Regulations. These regulations prescribe purposes for which leave may be granted and arrangements for review of leave decisions. All these matters are provided for in the determination under section 82D.
Regulation 6 substitutes a reference to the determination in lieu of a reference to section 71 which is to be repealed.
Regulation 7 omits paragraph (a) from sub-regulation 137(1B), as the paragraph is unnecessary. Sub-regulation (IB) excludes certain periods of leave from the operation of sub-regulation (1AA), and the period referred to in paragraph (a) already falls outside the scope of that sub-regulation.