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 Such leave was provided for by regulation 61N which is repealed by regulation 5 of these regulations.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Regulation 6 substitutes a reference to the determination in lieu of a reference to section 71 which is to be repealed.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.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1987 No. 25 were enacted to amend existing regulations in light of the repeal of section 71 of the Public Service Act 1922 by the Public Service and Statutory Authorities Amendment Act 1980. The issue these regulations sought to address was the need to align the Public Service Regulations with the legislative changes introduced by the 1980 Amendment Act, particularly regarding the grant of leave and the forfeiture of salary for unauthorised absences. The regulations were issued by the Public Service Board under the authority of sub-section 97(1) of the Public Service Act 1922, with the aim of ensuring a seamless transition to the new legislative framework which included the introduction of determination-making powers under section 82D. The policy objective behind these amendments was to effectively manage leave provisions within the public service while reflecting the updated statutory framework.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1987 No. 25 are designed to align the Public Service Regulations with the Public Service and Statutory Authorities Amendment Act 1980, which is set to repeal section 71 of the Public Service Act 1922 on 1 March 1987. These regulations apply to officers and employees of the Commonwealth public service, ensuring that the administration of leave and related entitlements continue to be governed by updated regulatory frameworks. The regulations also address the forfeiture of salary for unauthorised absences by integrating this matter into the determinations under section 82D. Further, they repeal specific regulations concerning recreation leave and the granting of leave, replacing them with provisions that better align with the new legislative context. These amendments ensure that leave entitlements and the conditions under which they are granted remain consistent and effectively managed within the updated legal framework.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1987 No. 25, issued with the authority of the Public Service Board, primarily amend existing regulations to align them with changes enacted by the Public Service and Statutory Authorities Amendment Act 1980. Regulation 1 sets the commencement date for these amendments as 1 March 1987, ensuring all changes are effective from that date. Regulation 2 repeals regulation 15, which pertains to the forfeiture of salary or pay for unauthorised absences, as these matters are now governed by the determination under section 82D of the Public Service Act 1922 (the Act). Regulation 3 inserts a new regulation 48, establishing a mechanism to reduce an officer's recreation leave credits by the period of any leave granted, in accordance with the determination under section 82D. This is necessary because the provisions relating to recreation leave credits are retained in the regulations despite the repeal of regulation 61N.
The amendments introduce several new obligations and requirements for public service officers and employees. Under the new regulation 48, any leave granted to an officer will result in a corresponding reduction of their recreation leave credits. This change ensures alignment with the determination under section 82D of the Act. Furthermore, regulations 4 and 5 repeal sections 53A and 61 to 61T, which previously prescribed purposes for which leave could be granted and arrangements for reviewing leave decisions. These repealed sections are now addressed in the determination under section 82D. Regulation 6 replaces references to the repealed section 71 with references to the determination, ensuring consistency in the regulatory framework. Lastly, regulation 7 omits paragraph (a) from sub-regulation 137(1B), as it is deemed unnecessary given that the period it refers to is already excluded from the scope of sub-regulation (1AA).
The regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, as the regulations are amendments to existing rules governing public service officers and employees, any non-compliance with the new provisions could potentially lead to administrative or disciplinary actions. These could include reviews and decisions made under the determination provided by section 82D of the Act, which may result in various sanctions or enforcement measures as deemed appropriate by the Public Service Board or relevant authorities. The exact nature and severity of any penalties would depend on the specific circumstances of any breach and the discretion of the relevant decision-makers within the public service framework.