EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 208
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 or which are necessary or convenient to be prescribed, for carrying or giving effect to the Act.
The purpose of these Regulations is twofold -
• regulation 1 is a technical amendment which omitted a reference to a provision of the Superannuation Act 1922 and substituted a correct reference to a provision of the Superannuation Act 1976 in regulation 55 of the Public Service Regulations; and
• regulation 2 repealed regulation 62 of the Public Service Regulations and inserted new regulations 62, 63 and 64. (The previous regulation 62 was made redundant by the repeal of sections 73 and 74 of the Act, in relation to furlough, and the introduction of the Long Service Leave (Commonwealth Employees) Act 1976.)
Sub-section 68F(3) of the Act provides that the regulations may provide that allowances of a specified kind are to be included in salary for the purposes of sections 68 to 68E (inclusive) of the Act.
Sub-section 68F(4) of the Act provides that the regulations may specify the extent to which payments in accordance with and of the sections from section 68 to section 68E (inclusive) of the Act are to include amounts by way of an allowance.
Regulation 2 inserted regulation 63 into the Public Service Regulations to provide for district allowance to be included in any salary that is payable in lieu of a recreation leave credit under sections 68B and 68C where the allowance would have been payable had the officer taken the recreation leave.
Regulation 2 inserted regulation 64 into the Public Service Regulations to provide that payments in accordance with the sections of the Act which cover payment in lieu of recreation leave shall include any allowance that would have been payable to an officer if the officer had commenced recreation leave rather than accepting a payment in lieu of a recreation leave credit.
Regulation 2 inserted regulation 62 into the Public Service Regulations to define terms used in new regulations 63 and 64.