EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 34
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, (the Board) may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed, for carrying out or giving effect to the Act.
Section 71 provides that the Chief Officer may grant to all officer leave of absence for a prescribed purpose and also provides that the regulations may specify the period of leave and terms and conditions subject to which it may be granted.
Regulations 50 to 50D of the Public Service Regulations provide for the lapsing of recreation leave credits that have not been used within 2 years and 3 months of accrual. Thus for example, an officer who accrued the normal 4 week recreation credit on 1 January 1983 is deemed to be on leave from 1 April 1985 for the duration of his or her outstanding 1983 recreation leave credit. If the officer does not absent himself/herself from duty during the period from 1 April deemed to be leave, the 1983 leave credit is forfeited.
In recognition of the difficulties sometimes experienced by senior officers in taking leave, it was desired to introduce a type of special leave for private purposes for Secretaries, Senior Executive Service officers and former Second Division officers which will be available if the officer concerned does not absent himself/herself from duty during a period when deemed to be on recreation leave by regulations 50 to 50D (inclusive).
Regulation 1 of the statutory rules provided for the commencement of the regulations on 1 April 1985.
Regulation 2 of statutory rules inserted a new regulations 53A into the regulations enabling the Chief Officer to grant special leave of absence for private purposes.
The maximum amount of leave that can be granted by the Chief Officer under regulation 53A is limited to an amount equal to the periods during which the officer was deemed to be on recreation leave by virtue of regulations 50 to 50D and during which the officer was not absent from duty.
Overview
The Public Service Regulations (Amendment) 1985, enacted by the Public Service Board under the authority of the Public Service Act 1922, was introduced to address the issue of unused recreation leave credits lapsing for senior officers. The original regulations stipulated that recreation leave credits would lapse if not taken within 2 years and 3 months, a timeframe that posed challenges for senior officers to utilise their leave entitlements. To alleviate this issue, the amendment introduced a new form of special leave for private purposes for Secretaries, Senior Executive Service officers, and former Second Division officers, which could be granted if they were deemed to be on recreation leave but had not taken the leave. This special leave was designed to ensure that these officers did not forfeit their accrued leave credits due to operational or other commitments. The policy objective was to provide a practical solution for senior officers who found it difficult to take their leave within the prescribed timeframe, thereby maintaining their leave entitlements and preventing potential wastage.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1985, issued under the authority of the Public Service Board, concern the amendment of regulations pertaining to the Public Service Act 1922. Specifically, these regulations address the lapsing of recreation leave credits for officers who do not take leave within a prescribed period. The regulations are applicable to officers of the public service who have accrued recreation leave credits but have not utilised them within the stipulated timeframe. For instance, an officer who accrued a 4-week recreation leave credit on 1 January 1983 is considered to be on leave from 1 April 1985, and if they do not take leave during this period, the credit is forfeited. The amendment introduces a special leave provision for certain senior officers, including Secretaries, Senior Executive Service officers, and former Second Division officers, to mitigate the difficulties these individuals may face in taking leave. The Chief Officer is empowered to grant this special leave for private purposes, subject to specific conditions outlined in the newly inserted regulation 53A. These regulations came into effect on 1 April 1985.
Key Provisions
The Public Service Regulations (Amendment) Statutory Rules 1985 No. 34 introduce new provisions to address the issue of unused recreation leave credits lapsing for senior officers. Section 53A, inserted into the regulations by Regulation 2, permits the Chief Officer to grant special leave of absence for private purposes to Secretaries, Senior Executive Service officers, and former Second Division officers. This leave is intended to be used for periods during which the officer would have been deemed to be on recreation leave under Regulations 50 to 50D but was not absent from duty (Regulation 2). The amount of special leave granted under this new regulation is limited to the period during which the officer would have been on deemed recreation leave but was not absent (Regulation 53A).
The obligations imposed by these regulations primarily rest on the Chief Officer, who is now empowered to grant this special leave (Regulation 2). The Chief Officer must ensure that the leave granted under Regulation 53A does not exceed the period during which the officer was deemed to be on recreation leave and did not take it (Regulation 53A). The officers themselves must also be aware of the conditions under which they may be granted this special leave and ensure they are absent from duty during the periods they would otherwise be deemed to be on leave.
Failure to adhere to the provisions of the new Regulation 53A does not explicitly outline specific offences or penalties. However, any misuse or improper granting of special leave could potentially lead to disciplinary actions under the Public Service Act 1922 or other relevant regulations. It is essential for the Chief Officer to exercise discretion responsibly to avoid any misuse of this special leave provision. Additionally, officers must be diligent in their application for this leave to ensure it is used appropriately and within the bounds set by the regulations.