EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 394
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 provides 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 or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Sub-section 68(9) of the Public Service Act provides that -
‘(9) Subject to this section, the regulations may make provision for and in relation to the granting to an officer of leave of absence for recreation and, without limiting the generality of the foregoing -
(a) may, in prescribed circumstances, deem an officer to have been granted, by operation of law, leave of absence for recreation for a prescribed period; and
(b) may, in prescribed circumstances, require an officer to absent himself from duty during a period of leave of absence for recreation that has been, or that is deemed by operation of law to have been, granted to him.’
Regulations 50, 50A, 50B and 50C of the Public Service Regulations stipulate the periods within which officers are required to use accrued recreation leave credits. Officers stationed in isolated districts in Australia and other officers who accrue special recreation leave credits under regulation 49 have a period of 3 years and 3 months within which to use accrued recreation leave credits; if credits are not used within that period, officers are deemed to be on leave. In the case of all other officers, the equivalent period within which credits must be used is 2 years and 3 months. Special provisions extend the period within which recreation leave credits are to be used in cases where at the time at which the officer would otherwise be deemed to be on leave the officer is already on approved leave.
The purpose of these Statutory Rules is to amend regulations 50, 50A, 50B and 50C so as to reduce from 3 years and 3 months the period within which accrued recreation leave credits must be used by officers serving in isolated districts who are to be covered by revised conditions of service approved by the Public Service Board for staff stationed in remote localities. Officers stationed in remote localities who select to remain covered by existing conditions will continue to receive annually 10 days’ special recreation leave credits under regulation 49 and to have 3 years and 3 months within which to exercise accrued recreation leave credits.
Clauses 1, 2, 3 and 4 of the Statutory Rules amend respectively regulations 50, 50A, 50 B and 50C of the Public Service Regulations so as to alter from 3 years and 3 months to 2 years and 3 months the period within which officers stationed in isolated districts, other than officers who are to continue to receive under regulation 49 10 days’ special recreation leave credits, must use accrued recreation leave credits.
Clause 5 of the Statutory Rules provides that the amendments proposed to be made by clauses 1 - 4 shall apply in relation to recreation leave credits which accrue after 1 January 1983.