Public Service Regulations (Amendment)

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STATUTORY RULES.

1964. No. 161.

 

REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1964.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1964, hereby makes, subject to the approval of the Governor-General, the following Regulation.

Dated this eighteenth day of December, 1964.

K. E. GRAINGER

Commissioner.

J. E. COLLINGS

Commissioner.

 

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulation.

Dated this twenty-fourth day of December, 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

J. G. GORTON

Minister of State for Works 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Regulation 47 of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

“47.—(1.) Where—

Reduction of recreation leave on account of other absences.

(a) an officer has, in a prescribed period, been absent from duty on leave of absence without pay, other than leave of absence without pay granted on account of illness, for more than twenty-six 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 period of leave of absence for recreation which may be granted to the

 

* Notified in the Commonwealth Gazette on 29th December, 1964.

Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations, see footnote † to Statutory Rules 1964, No. 18, and see also Statutory Rules 1964, Nos. 18, 40, 45, 46, 49, 53, 72, 88, 96, 109, 110, 118, 120, 131, 140, 147, 150 and 151.

1802/62.—Price 9d.


officer in respect of the next year after the expiration of that prescribed period shall be reduced by one-twelfth of the period of leave of absence that the officer may be granted under section 68 of the Act for each twenty-six working days on which the officer has been absent from duty during that prescribed period.

“(2.) Where an officer has, in a prescribed period, been absent from duty on leave granted under section 73 of the Act for more than fifty-one working days, the period of leave of absence for recreation that may be granted to the officer in respect of the next year after the expiration of that prescribed period shall, subject to this regulation, be reduced by one-twelfth of the period of leave of absence that may be granted to the officer under sub-section (1.) or sub-section (4.), as the case may be, of section 68 of the Act for each twenty-six working days, other than the first twenty-six working days, on which the officer has been absent from duty during that prescribed period.

“(3.) Where, by reason of the operation of paragraph (b) of sub-section (4.) of section 73 of the Commonwealth Public Service Act 1922 or of that Act as amended from time to time before the commencement of the Public Service Act (No. 2) 1951—

(a) an officer was not granted leave of absence for recreation in respect of any year; or

(b) a period of leave of absence for recreation was regarded as part of the period of leave of absence under that section,

and that officer is granted leave of absence under section 73 of the Public Service Act 1922-1964, the period for which the officer is absent on that last-mentioned leave of absence shall not be taken into account for the purposes of sub-regulation (2.) of this regulation.

“(4.) Sub-regulation (2.) of this regulation shall not operate, in relation to the absence from duty of an officer in a prescribed period by reason of his having been granted leave of absence under section 73 of the Act, so as to result in any reduction being made in the period of recreation leave that may be granted to the officer in respect of the year next succeeding that prescribed period which would, when added to reductions previously made, exceed the period of recreation leave that may be granted to the officer in that next succeeding year.

“(5.) Sub-regulation (2.) of this regulation shall not operate, in relation to the absence from duty of an officer in the prescribed period that commenced on the first day of January, 1964, by reason of his having been granted leave of absence under section 73 of the Act if a reduction in the period of the officer’s recreation leave has been made under regulation 47 of these Regulations as in force immediately before the commencement of this regulation in respect of that absence.

“(6.) For the purposes of this regulation, each of the following periods is a prescribed period—

(a) in the case of an officer who has completed only one year of service—the first year of the officer’s service;

(b) in the case of an officer who has served until the thirty-first day of December next succeeding the day on which he completed his first year of service, but has not completed two


years of service—the period that commenced on the day immediately after the officer completed his first year of service and ended on the next succeeding thirty-first day of December; and

(c) in any other case—the period of twelve months commencing on the first day of January in each year.”.

 

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

Overview

The Statutory Rules 1964, No. 161, issued under the Public Service Act 1922-1964, were enacted to address the need for amendments in the Public Service Regulations concerning the reduction of recreation leave for public service officers. This legislative instrument was created by the Public Service Board, acting on the authority conferred by the Public Service Act, and subsequently approved by the Governor-General. The overarching policy objective is to ensure that officers who take excessive leave without pay or other specific types of leave are appropriately penalised by having their future recreation leave reduced, thereby maintaining a balance between leave entitlements and service obligations. These regulations specifically target situations where officers have been absent from duty on leave of absence without pay for more than twenty-six working days or on leave granted under section 73 of the Act for more than fifty-one working days within a prescribed period. The aim is to impose a proportional reduction in the recreation leave that can be granted in the subsequent year based on the extent of the absence. This approach is intended to encourage responsible leave management while providing a structured mechanism for addressing excessive leave taking within the public service framework.

Scope and Application

The Public Service Regulations 1964, made under the authority of the Public Service Act 1922-1964, specify rules governing the conditions and entitlements of officers within the Australian Public Service. These regulations apply to officers who are employed by the Commonwealth and are intended to regulate various aspects of their service, including leave entitlements. Specifically, the regulation addresses the reduction of recreation leave based on other absences from duty, detailing the circumstances under which an officer's recreation leave may be reduced if they have been absent from duty on leave of absence without pay or on leave granted under specific sections of the Act for more than a prescribed number of working days. The regulation delineates the periods during which such absences are considered and the manner in which recreation leave is to be reduced. Notably, it excludes certain absences that are not counted towards the reduction of recreation leave, ensuring a fair and consistent application of the rules across the public service. The regulation's scope is limited to the Commonwealth jurisdiction, and it does not extend to state or territory public services unless specifically adopted or mirrored by corresponding state or territory legislation.

Key Provisions

The main operative sections of the Statutory Rules 1964, No. 161, under the Public Service Act 1922-1964, focus on the reduction of recreation leave for officers based on certain types of absences. Regulation 47 details that if an officer is absent from duty on leave of absence without pay, excluding leave due to illness, for more than 26 working days within a specified period, their recreation leave for the following year is reduced by one-twelfth of their allowable recreation leave for each 26 working days of absence (subsection 47(1)). Additionally, if an officer takes leave under section 73 of the Act for more than 51 working days within a specified period, their recreation leave for the next year is reduced by one-twelfth of their allowable recreation leave for each 26 working days beyond the initial 26 working days (subsection 47(2)). The regulation also clarifies conditions under which these reductions do not apply, such as when an officer was not granted leave of absence for recreation in a previous year (subsection 47(3)) or when the officer’s recreation leave has already been reduced for the same absence (subsection 47(5)). The obligations imposed by these regulations on public service officers include adherence to the specified absence limits and ensuring that their leave patterns comply with the provisions outlined in the regulation. Officers must be aware of the types of leave that count towards the prescribed periods and the allowable durations of such leaves. Additionally, officers must be mindful of their leave balances and the potential impact on their future recreation leave entitlements. Failure to comply with these regulations may result in the automatic reduction of recreation leave as stipulated. The regulation does not explicitly state civil or criminal penalties for non-compliance, suggesting that the primary consequence of breaching the provisions is the reduction of recreation leave. However, the reduction mechanism is designed to ensure compliance by penalising excessive leave without pay or long-term absences.

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