Public Service Regulations (Amendment)

Legislation au C2004L01211 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1961. No. 69.

 

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1960.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1960, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this tenth day of May, 1961.

F. H. WHEELER

Chairman.

K. E. GRAINGER

Commissioner.

J. E. COLLINGS

Commissioner.

 

I, The Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this eleventh day of May, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

A. R. DOWNER

for Prime Minister.

 

Amendments of the Public Service Regulations.†

Recreation leave for officers serving in isolated districts, &c.

1. Regulation 49 of the Public Service Regulations is amended—

(a) by omitting sub-regulation (1a.);

(b) by inserting in sub-regulation (2.), after the word “absence”, the words “, exclusive of Sundays,”;

* Notified in the Commonwealth Gazette on 18th May, 1961.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1961, No. 35, and see also Statutory Rules 1961, No. 68.

1233/61.—Price 3d.


(c) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Where, in a year, the service of an officer is, or includes, service in an isolated district or overseas, the maximum period of leave of absence for recreation that may be granted to the officer in that year is, subject to this regulation, eighteen days, exclusive of Sundays and holidays.

“(3a.) Where, in a year, the service of an officer is, or includes, service in a prescribed isolated district or a prescribed place overseas, the maximum period of leave of absence for recreation that may be granted to the officer in that year apart from this sub-regulation is, subject to the succeeding provisions of this regulation, increased by such period in respect of each month of his service in that district or place in that year as is, for the time being, determined by the Board for the purposes of this sub-regulation in relation to service in that district or place.

“(3b.) A determination of the Board under the last preceding sub-regulation may require, as a condition of its application to an officer included in a particular category of officers, completion of a specified period of service in a district or place to which it relates.

“(3c.) Nothing in sub-regulation (3a.) of this regulation authorizes the granting to an officer of leave of absence for recreation exceeding thirty days, exclusive of Sundays and holidays, in a year.”;

(d) by omitting from sub-regulation (5.) the words “remote localities” and inserting in their stead the words “isolated districts”; and

(e) by adding at the end thereof the following sub-regulation:—

“(6.) In this regulation—

‘overseas’ has the same meaning as in section 8b of the Act;

‘prescribed isolated district’ means an isolated district for the time being determined by the Board to be a prescribed isolated district for the purposes of sub-regulation (3a.) of this regulation;

‘prescribed place overseas’ means a place overseas for the time being determined by the Board to be a prescribed place overseas for the purposes of sub-regulation (3a.) of this regulation.”.

Reimbursement of fares where officer stationed in isolated district.

2. Regulation 98 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “locality included in a determination made by the Board for the purposes of sub-regulation (3.) of regulation 49” and inserting in their stead the words “prescribed isolated district as defined by sub-regulation (6.) of regulation 49”;

(b) by omitting from sub-regulation (1.) the words “that locality” and inserting in their stead the words “that district”;


(c) by omitting from sub-regulation (7a.) the words “at a locality included in a determination of the Board under sub-regulation (3.) of regulation 49” and inserting in their stead the words “in a prescribed isolated district as defined by sub-regulation (6.) of regulation 49”;

(d) by omitting from sub-regulation (8.) the words “at, a locality included in a determination of the Board under sub-regulation (3.) of regulation 49” and inserting in their stead the words “in, a prescribed isolated district as defined by sub-regulation (6.) of regulation 49”; and

(e) by omitting from sub-regulation (8.) the words “the locality” and inserting in their stead the words “the district”.

3. After regulation 137 of the Public Service Regulations the following regulation is inserted:—

Additional recreation leave for employees employed in isolated districts.

“137a.—(1.) Where an employee referred to in paragraph (a) of sub-regulation (1.) of the last preceding regulation is, in a year, employed in a prescribed isolated district, the maximum period of leave of absence for recreation that may be granted to him in that year apart from this regulation is increased by such period in respect of each month of his employment in that district in that year as is, for the time being, determined by the Board for the purposes of this regulation in relation to employment in that district.

“(2.) A determination of the Board under the last preceding sub-regulation may require, as a condition of its application to an employee included in a particular category of employees, completion of a specified period of employment in a district to which it relates.

“(3.) In this regulation, ‘prescribed isolated district’ means an isolated district for the time being determined by the Board to be a prescribed isolated district for the purposes of this regulation.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Public Service Board, under the authority of the Public Service Act 1922-1960, introduced the Public Service Regulations in 1961 to refine the existing framework governing public service conditions and benefits. These regulations were approved by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and subsequently ratified by the Governor-General. The primary objective of these regulations was to amend provisions concerning recreation leave and reimbursement of fares for officers and employees serving in isolated districts, thereby addressing the unique challenges faced by public servants in such locations. These amendments aimed to provide more equitable leave entitlements and ensure fair reimbursement practices, reflecting the policy objective of maintaining a motivated and supported public service workforce.

Scope and Application

The Statutory Rules 1961 No. 69, made under the Public Service Act 1922-1960, are regulations governing recreation leave and fare reimbursement for public servants in isolated districts and overseas. These regulations apply to officers and employees of the Commonwealth public service who serve or are stationed in isolated districts or overseas, as determined by the Public Service Board. The regulations provide for increased recreation leave for such public servants and also outline the conditions for fare reimbursement when an officer is stationed in a prescribed isolated district. Notably, the regulations establish maximum limits for recreation leave, ensuring it does not exceed thirty days in a year. These regulations have a national reach, applying across the Commonwealth of Australia, and they do not specify exclusions or exemptions, though they allow for the Board to determine specific conditions and categories of officers or employees eligible for additional leave. The regulations may be further extended or modified through subordinate instruments as determined by the Public Service Board.

Key Provisions

The main operative sections of these regulations (C2004L01211) include amendments to the Public Service Regulations concerning recreation leave for officers and employees serving in isolated districts, and reimbursement of fares for officers stationed in such districts. Specifically, Regulation 49 is amended to modify the leave provisions for officers, allowing a maximum of eighteen days of leave for those serving in an isolated district or overseas, excluding Sundays and holidays, and up to thirty days for those serving in prescribed isolated districts or overseas, subject to Board determinations. Regulation 98 is also amended to redefine "prescribed isolated district" for fare reimbursement purposes, aligning it with the definitions in Regulation 49. Furthermore, a new Regulation 137a is introduced, granting additional recreation leave for employees in prescribed isolated districts based on Board determinations. These regulations impose obligations on officers and employees serving in isolated districts, as well as on the Public Service Board, which is responsible for determining the periods of additional leave and the specific conditions under which these may be applied. Officers and employees must adhere to the leave limits set by the regulations, and the Board must make determinations regarding additional leave periods and the requisite service conditions. The Board also bears the responsibility of defining "prescribed isolated districts" and "prescribed places overseas" in accordance with the regulations. The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the leave provisions and conditions set forth in these regulations could potentially lead to disciplinary actions under the broader Public Service Act 1922-1960. Such actions might include formal reprimands, suspension, or other administrative penalties as deemed appropriate by the relevant authorities within the public service framework.

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