Statutory Rules 1980 No. 4031
Public Service Regulations2 (Amendment)
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulations.
Dated 15 December 1980.
(R W COLE)
Chairman
(J C TAYLOR)
Commissioner
(R J YOUNG)
Commissioner
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated 22 December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
(Sgd) Ian Viner
Minister of State for Employment and Youth Affairs for and on behalf of the Prime Minister
S.R. No. 275/80 Cat. No. —Recommended retail price 40c 15/12.12.1980
Commencement
1. These Regulations shall come into operation on 1 January 1981.
2. Division IIIa of Part III of the Public Service Regulations is repealed and the following Division substituted:
“Division IIIA—Assistance with studies: reimbursement of fees
Interpretation
“100a. In this Division, unless the contrary intention appears—
‘approved student’ means an officer or employee who has been approved by the Chief Officer under sub-regulation 100B(2) in respect of a scheme of study undertaken or to be undertaken by that officer or employee during a prescribed period commencing in a particular year;
‘fee’ means a compulsory tuition or examination fee;
‘institution’ means—
(a) a university;
(b) a college of advanced education;
(c) a college of technical and further education;
(d) a technical school; or
(e) a person, group of persons or an establishment approved by the Board under sub-regulation 100G (1),
whether within or outside Australia;
‘institutionally assessed scheme of study’ means a scheme of study conducted or arranged by an institution that assesses the performance of persons undertaking that scheme of study;
‘institutionally assessed subject’ means a subject conducted or arranged by an institution that assesses the performance of persons undertaking that subject;
‘prescribed period’ means a period not exceeding 12 months commencing on 1 January in any year, or such longer period commencing on that day as the Board determines under sub-regulation 100g(2) in relation to a scheme of study;
‘private institution’ means an institution other than a public institution;
‘public institution’ means an institution conducted by or on behalf of the Commonwealth or a State or Territory;
‘scheme of study’ means a course or programme of study, research, instruction, training or other educational activity conducted or arranged by an institution;
‘subject’ means a part of a scheme of study in respect of which separate fee is payable.
Approved students
“100b. (1) In this regulation, ‘Department’ includes a branch or part of the Service under the control of a person who has, in relation to that branch or part, the powers of, or exercisable by, a Permanent Head.
“(2) Subject to this regulation, the Chief Officer may, for the purposes of this Division, on an application by an officer or employee, approve of that person undertaking a scheme of study during a prescribed period that commenced, or will commence, in a particular year.
“(3) The Chief Officer shall not give an approval under sub-regulation (2) in respect of an application by an officer unless he considers that, having regard to—
(a) the duties of the officer;
(b) the operational needs of the Department in which the officer performs his duties;
(c) the career development needs of the officer; and
(d) any factor the Chief Officer considers relevant,
the successful completion by the officer of the scheme of study to which the application relates will enhance both the capacity of the Department to carry out its functions and the efficient and economical use of staff resources in the Service as a whole.
“(4) The Chief Officer shall not give an approval under sub-regulation (2) in respect of an application by an employee unless he considers that the scheme of study to which the application relates has direct relevance to the current duties of the employee or to the duties the employee might reasonably be required to perform in the future.
Entitlement to reimbursement of fees
“100C. (1) Subject to this Division, an approved student who successfully completes a scheme of study, or a subject included in a scheme of study, in the prescribed period to which his approval relates is entitled to reimbursement of fees paid by him in respect of the scheme of study or subject—
(a) in the case of an institutionally assessed scheme of study or subject-on submission of satisfactory proof to the Chief Officer that the student has been assessed by the institution as having successfully completed the scheme of study or subject during the prescribed period to which his approval relates; or
(b) in the case of any other scheme of study or subject—on submission of sufficient information to satisfy the Chief Officer that the student has successfully completed the scheme of study or subject during the prescribed period to which his approval relates.
“(2) Subject to this Division, an approved student who does not successfully complete a scheme of study, or a subject included in a scheme of study, in the prescribed period to which his approval relates is entitled to reimbursement of fees paid, by him in respect of the scheme of study or subject on
submission of sufficient information to satisfy the Chief Officer that he did not successfully complete the scheme of study or subject during the prescribed period to which his approval relates because of—
(a) illness or injury; or
(b) the exigencies of the Service.
“(3) Where an approved student undertakes a scheme of study or a subject at a private institution the amount of reimbursement to which he is entitled under this Division shall not exceed the amount to which the Chief Officer considers he would have been entitled if the scheme of study or subject had been undertaken at a public institution.
“(4) Where an approved student is entitled to reimbursement of an amount of fees, the Chief Officer shall authorize payment of that amount to the student.
Entitlement pending confirmation, &c.
“100d. (1) Subject to sub-regulation (2), an officer is not entitled to reimbursement of fees under this Division until his appointment has been confirmed under section 47 of the Act.
“(2) Where—
(a) an officer would, but for the operation of sub-regulation (1), be entitled under this Division to reimbursement of fees; and
(b) the Board decides to annul the appointment of the officer under section 47 of the Act on the ground only that it is not satisfied as to his health,
the officer is entitled to reimbursement of those fees under this Division.
Entitlement where fees reimbursable by Commonwealth, &c.
“100e. Where an approved student is entitled to reimbursement of fees under this Division and—
(a) all or part of those fees are reimbursable to the student by the Commonwealth independently of this Division; or
(b) moneys are payable to the student under an award or scholarship, other than an award or scholarship under which the only amounts payable arc amounts payable by reference to matters other than fees,
the student is only entitled to reimbursement of the amount, if any, by which the fees paid by him exceed—
(c) the amount reimbursable under paragraph (a); or
(d) the amount payable under paragraph (b),
as the case may be.
Review by Board of decisions of Chief Officer
“100F. (1) Where—
(a) an officer or employee is aggrieved by a decision of the Chief Officer refusing an approval under sub-regulation 100B(2); or
(b) an officer or employee, in respect of whom an approval has been given under sub-regulation 100b(2) to undertake a scheme of study, is aggrieved by a decision of the Chief Officer not to authorize the reimbursement of fees, or the full amount of fees in respect of the scheme of study, or a subject included in the scheme of study, to which the approval relates,
the officer or employee may, in writing, request the Chief Officer to refer the relevant decision to the Board for review.
“(2) A request under sub-regulation (1) shall be accompanied by a statement by the officer or employee setting out the reasons for his request.
“(3) The Chief Officer shall forward a request received by him under sub-regulation (1) to the Board, together with the accompanying statement referred to in sub-regulation (2) and a statement setting out his reasons for the decision to which the request relates.
“(4) The Board shall, on receipt of a request forwarded to it in accordance with sub-regulation (3), review the decision to which the request relates and, for that purpose, shall have all the powers and functions of the Chief Officer in making decisions under this Division.
“(5) A decision by the Board on a review under sub-regulation (4) shall for all purposes, except for the purpose of a request for review made under sub-regulation (1), be deemed to be a decision of the Chief Officer.
Approvals and determinations of the Board
“100g. (1) The Board may approve a person, group of persons or an establishment as an institution for the purposes of this Division.
“(2) The Board may determine a period exceeding 12 months to be the prescribed period in relation to a scheme of study.
Delegation by Chief Officer
“100h. (1) The Chief Officer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Division, other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Chief Officer.
“(3) A delegation under this regulation does not prevent the exercise of a power by the Chief Officer.”.
Transitional
3. (1) In this regulation—
“the previous Regulations” means the Public Service Regulations as in force immediately before the commencement of these Regulations;
“the amended Regulations” means the Public Service Regulations as in force on, or at any time after, the commencement of these Regulations.
(2) Where—
(a) under regulation 100b of the previous Regulations an application by an officer to be approved as a student entitled to reimbursement of fees paid by him in respect of a part of a course of study, or a part of a short course of instruction, within the meaning of the previous Regulations, to be pursued during a prescribed period had been approved; and
(b) the Chief Officer or a person appointed by the Chief Officer considers that, had these Regulations not come into operation, an application by that officer in respect of a further part of that course or short course to be pursued during a later prescribed period would have been approved,
on an application after the commencement of these Regulations by the officer to the Chief Officer or to the person appointed by the Chief Officer under paragraph (b), as the case may be, to be approved as a student entitled to reimbursement of fees in respect of that further part of the course or short course during the later prescribed period, the amended Regulations apply in relation to that application as if—
(c) regulations 100a to e (inclusive) of the previous Regulations had not been repealed and regulations 100a to e (inclusive), 100g and 100h of the amended Regulations had not come into operation;
(d) a reference in any provision of the amended Regulations, other than a provision referred to in paragraph (c), to a term appearing in regulation 100a, 100b, 100c, 100d, 100e, 100G or 100H of the amended Regulations were a reference to the corresponding term appearing in regulation 100a, 100b, 100c, 100d, or 100e of the previous Regulations; and
(e) the application had been approved under regulation 100b of the previous Regulations.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.
2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see footnote * on the second page of Statutory Rules 1980 No. 18 and see also Statutory Rules 1980 Nos. 18, 26, 52, 89, 97, 103, 145, 226, 227, 231, 272 of 344, 364 and 402.
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