Statutory Rules
1977 No. 57
REGULATION UNDER THE PUBLIC SERVICE ACT 1922.*
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 Administrator, the following Regulation.
Dated this second day of May, 1977.
K. SHANN
Chairman.
D. LINEHAN
Commissioner.
J. C. TAYLOR
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 Regulation.
Dated this fifth day of May, 1977.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations for and on behalf of the Prime Minister.
Amendment of the Public Service Regulations†
Regulation 47 of the Public Service Regulations is repealed and the following regulation substituted:—
Reduction of recreation leave credit on account of other absences.
“ 47. Where—
(a) an officer has, in the period that ends on the day immediately before the day on which there accrues to him his first recreation leave
* Notified in the Australian Government Gazette on 9 May 1977.
† Statutory Rules 1935, No, 18 as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1977, No. 9 and see also Statutory Rules 1977, Nos. 9, 12 and 15.
credit or in the period between the day on which there accrues to him one recreation leave credit and the day on which there accrues to him his next succeeding recreation leave credit, been absent from duty on leave of absence without pay, other than leave of absence without pay granted on account of illness—
(i) in the case of an officer who performs duties on the basis of a 6 day working week, for more than 26 working days; or
(ii) in the case of an officer who performs duties on the basis of a 5 day working week, for more than 22 working days; and
(b) the period during which the officer was so absent does not, by reason of the operation of section 72aa of the Act, form part of the officer’s period of service under the Act for the purposes of the grant of recreation leave,
the recreation leave credit that would otherwise accrue to the officer on the date of accrual of the officer’s first recreation leave credit or the date of accrual of the recreation leave credit that first accrues after the absence, as the case may be, shall be reduced by one twelfth of the period of that recreation leave credit—
(c) in the case of an officer who performs duties on the basis of a 6 day working week, for each 26 working days on which the officer was so absent from duty; or
(d) in the case of an officer who performs duties on the basis of a 5 day working week, for each 22 working days on which the officer was so absent from duty.”.
Overview
Statutory Rules 1977 No. 57, enacted under the authority of the Public Service Act 1922, addresses the issue of officers' absences from duty affecting their recreation leave credits. The regulation was made by the Public Service Board and approved by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The objective of the regulation is to ensure that officers who take leave of absence without pay, excluding those granted due to illness, have their recreation leave credits reduced proportionally based on the number of working days they were absent. This amendment aims to maintain the integrity of the leave accrual system by adjusting the credits in accordance with the absence periods of the officers, thereby aligning their leave benefits with their actual attendance at work.
Scope and Application
The Statutory Rules 1977 No. 57, made under the Public Service Act 1922, primarily pertain to officers within the Commonwealth public service. These officers are subject to specific conditions regarding their recreation leave credits, particularly when they have been absent from duty on leave of absence without pay, excluding leave granted due to illness. The regulation applies to officers working on either a 6-day or 5-day working week and stipulates that their recreation leave credits will be reduced if they are absent from duty for more than the prescribed number of working days. The regulation is designed to ensure fair and consistent application of leave entitlements within the public service. The rules have a national jurisdictional reach, applying across the Commonwealth of Australia, and are implemented through subordinate instruments which may be further detailed in the Public Service Regulations.
Key Provisions
The key operative sections of these Regulations (sections 47) pertain to the reduction of recreation leave credits for officers who have been absent from duty on leave without pay. These sections apply to officers who have been absent from duty for more than 26 working days if they work a 6-day week, or more than 22 working days if they work a 5-day week, unless the absence is due to illness. The leave credit is reduced by one twelfth of the period of that recreation leave credit for each specified period of absence (section 47(a)-(d)).
The obligations and requirements imposed by these Regulations on officers include the adherence to the specified maximum days of absence on leave without pay before their recreation leave credit is reduced. For officers with a 6-day working week, this limit is 26 days, and for those with a 5-day working week, it is 22 days. These limits apply unless the absence is due to illness, in which case the leave without pay does not count towards the reduction of recreation leave credit. Officers must ensure that they do not exceed these thresholds to maintain their recreation leave credits.
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of these Regulations for breaches of the provisions regarding the reduction of recreation leave credits. However, it is likely that any breach of the terms of employment or conditions of service under the Public Service Act 1922 could result in disciplinary action or other consequences as outlined in the Act or relevant employment agreements. The specific penalties for any such breaches would be determined in accordance with the relevant provisions of the Public Service Act or other applicable legislation.