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.
Overview
The Statutory Rules 1982 No 394, issued under the authority of the Public Service Board, aim to amend the Public Service Regulations to address the period within which officers stationed in isolated districts must use accrued recreation leave credits. Enacted in accordance with the Public Service Act 1922, these amendments seek to streamline the leave management process for public service officers in remote areas by reducing the period for leave credit usage from 3 years and 3 months to 2 years and 3 months, effective from 1 January 1983. This change aims to ensure that recreation leave credits are utilised more efficiently while maintaining flexibility for officers who choose to remain under existing conditions, thereby improving overall administrative efficiency within the public service framework.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982 pertain to officers within the Australian Public Service who are governed by the Public Service Act 1922. These regulations specifically address the periods within which officers must utilise their accrued recreation leave credits, a matter initially outlined in regulations 50, 50A, 50B, and 50C of the Public Service Regulations. Officers stationed in isolated districts in Australia, as well as other officers who accrue special recreation leave credits under regulation 49, originally had a 3-year and 3-month window to use their accrued recreation leave credits. All other officers had a 2-year and 3-month period. These amendments, effective from 1 January 1983, adjust the period for officers in isolated districts to 2 years and 3 months, except for those who choose to remain under existing conditions and receive 10 days’ special recreation leave credits annually, who will retain the original 3-year and 3-month period. The regulations are applicable across Australia, and they are issued under the authority of the Public Service Board with the approval of the Governor-General.
Key Provisions
The Statutory Rules introduced under the Public Service Regulations (Amendment) aim to modify the time frame within which officers stationed in isolated districts must use their accrued recreation leave credits. Specifically, sections 50, 50A, 50B, and 50C of the Public Service Regulations are amended to decrease the allowable period from three years and three months to two years and three months. This change applies to officers who are subject to revised conditions of service, as approved by the Public Service Board, for staff stationed in remote localities. Officers who opt to remain under existing conditions, however, will continue to receive 10 days of special recreation leave credits annually and maintain the original three-year-and-three-month period for using accrued recreation leave credits.
The amended regulations impose specific obligations on officers stationed in isolated districts. They must now use their accrued recreation leave credits within two years and three months, unless they are covered by the existing conditions, in which case the longer period applies. These changes are intended to streamline the process for utilising recreation leave credits and ensure consistency across different categories of officers. The new provisions are designed to facilitate better management of leave entitlements and to accommodate the unique circumstances of officers in remote areas.
Failure to comply with the amended regulations may have legal consequences. Although the Statutory Rules themselves do not explicitly state penalties for non-compliance, breaches of regulations could potentially lead to disciplinary action under the Public Service Act 1922. Such actions may include formal warnings, deductions from pay, or more severe measures such as suspension or termination of employment, depending on the severity and frequency of the breach. The maximum penalties for such actions would be determined by the Public Service Board, in accordance with the provisions of the Act.
The amendments to the Public Service Regulations, as outlined in the Statutory Rules, are applicable to recreation leave credits that accrue after 1 January 1983. This effective date ensures that all officers are aware of the new requirements and can plan their leave accordingly. The changes are aimed at providing clarity and fairness in the management of recreation leave for officers stationed in isolated districts, while also accommodating those who choose to remain under existing conditions.