Public Service Regulations (Amendment)

Legislation au C2004L01240 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 99.

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1958.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1958, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this thirteenth day of November, 1959.

W. E. DUNK

Chairman.

G. G. SUTCLIFFE

Commissioner.

K. E. GRAINGER

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 fourth day of December, 1959.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

A. R. DOWNER

for and on behalf of the Prime Minister.

AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS.†

Information not to be given.

1. Regulation 35 of the Public Service Regulations is amended by inserting, after the word “officer” (wherever occurring), the words “or employee”.

Higher duties.

2. Regulation 87 of the Public Service Regulations is amended by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) For the purpose of determining the date from which an increment in an allowance is payable under this regulation, and for the purpose of determining whether the performance of the duties of a higher office has been for a continuous period—

(a) an officer who performs the duties of a higher office immediately before he is absent from duty on—

(i) a public holiday;

* Notified in the Commonwealth Gazette on 4th December, 1959.

† Statutory Rules 1935, No 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1959, No. 11 and see also Statutory Rules 1959, Nos. 16, 42 and 68.

8711/59.—PRICE 3D.


(ii) recreation leave;

(iii) leave granted under the provisions of section 69 of the Act or regulation 52 of these Regulations;

(iv) leave, not exceeding in all six days in any twelve months, granted under regulation 53 of these Regulations;

(v) leave granted under regulation 45 of these Regulations;

(vi) leave granted under regulation 45A of these Regulations;

(vii) leave granted under section 72 of the Act;

(viii) accident leave granted under an order or determination made by the Public Service Arbitrator;

(ix) sick leave not exceeding the periods specified in the next succeeding sub-regulation; and

(x) other authorized leave not exceeding in all six days in any twelve months,

shall be deemed to have performed the duties of a higher office during his absence if the officer resumes duty in the same office or another office of higher classification than his own immediately after the expiration of the absence; and

(b) an officer who performs the duties of a higher office immediately before he is absent from duty on leave of absence granted under section 73 of the Act shall be deemed to have performed the duties of a higher office during his absence, if the salary payable to the officer in respect of the period of his, absence includes, by reason of sub-regulation (2.) or sub-regulation (3.) of regulation 62 of these Regulations, an allowance in respect of the performance of the duties of a higher office.”.

Camping and lodging allowances.

3. Regulation 89 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “Four pounds fourteen shillings per week” and inserting in its stead the words “Five pounds eighteen shillings per week”; and

(b) by omitting paragraphs (a) and (b) of sub-regulation (5.) and inserting in their stead the following paragraphs:—

“(a) in the case of a married officer—at the rate of Ten pounds three shillings per week; or

(b) in the case of an unmarried officer—at the rate of Ten pounds three shillings per week for the first three weeks and, thereafter, at the rate of Five pounds eighteen shillings per week.”

Allowance, ship keeping duty: engineers on lighthouse vessels.

4. Regulation 95A of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, whilst in port,”; and

(b) by omitting from sub-regulation (2.) the figures “44” and inserting in their stead the figures “40”.


Notification of provisional promotions.

5. Regulation 109 of the Public Service Regulations is amended by inserting in paragraph (b) of sub-regulation (l.) after the words “Postmaster-General’s Department”, the words “or the Department of Civil Aviation”.

Constitution of Promotions Appeal Committees.

6. Regulation 109D of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1A.) the word “three” and inserting in its stead the word “two”; and

(b) by omitting sub-regulation (1D.).

Cost of conveyance on transfer.

7. Regulation 119 of the Public Service Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where an officer who is compulsorily transferred with his Department to Canberra—

(a) occupies, in Canberra, a house or flat under a tenancy agreement with the Commonwealth; and

(b) within two years after his transfer occupies, in Canberra, a house that he has built or purchased,

the cost of removing the furniture and household effects from the house or flat referred to in paragraph (a) of this sub-regulation to the house referred to in paragraph (b) of this sub-regulation shall, subject to regulation 120 of these Regulations, be paid by the Department.”.

Removal expenses from Canberra.

8. Regulation 119A of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “three” and inserting in its stead the word “five”; and

(b) by omitting from sub-regulation (2.) the word “three” and inserting in its stead the word “five”.

Fourth Schedule.

9. The Fourth Schedule to the Public Service Regulations is amended by inserting, after the words—

“Royal Australian Navy ..............

Higher Education Tests Certificate

 

Examination on Passing Out, Royal Naval College”,

the words—

“Royal Australian Air Force ...........

First Class Certificate of Education”.

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

Overview

The Statutory Rules 1959 No. 99, which amends the Public Service Regulations under the Public Service Act 1922-1958, was enacted to address the need for updates to the Public Service Regulations. The Public Service Board, acting on the authority conferred by the Public Service Act, made these regulations, which were subsequently approved by the Governor-General. The purpose of these amendments includes expanding the definition of "officer" to include "employee", adjusting the calculation of allowances and increments, and modifying the constitution and functions of Promotions Appeal Committees. These changes aim to ensure that the Public Service Regulations remain relevant and effective in governing the administration of the public service.

Scope and Application

The Regulations under the Public Service Act 1922-1958 apply to officers and employees within the Commonwealth public service, establishing and modifying the terms and conditions of their employment, allowances, and leave entitlements. These regulations are applicable nationwide, as they are promulgated under the authority of the Commonwealth of Australia. Notably, the regulations address specific areas such as the calculation of increments in allowances, the definition of higher duties, and the adjustments to allowances for camping and lodging, among other provisions. The regulations also include provisions for the constitution of Promotions Appeal Committees and the cost of conveyance and removal expenses for officers compulsorily transferred to Canberra. While the regulations provide detailed modifications to existing rules, they do not specify exclusions or thresholds but operate within the broader framework of the Public Service Act. The amendments extend and refine the application of the Act through the subordinate instrument of these regulations, which are subject to the approval of the Governor-General.

Key Provisions

The Regulations under the Public Service Act 1922-1958, enacted in 1959, bring about several amendments to existing provisions, primarily targeting allowances, leave provisions, and procedural aspects of public service employment. For example, Regulation 35 is amended to include "employee" alongside "officer," thereby extending certain provisions to employees (Reg. 1). Regulation 87, which concerns the determination of increment in allowances, is revised to clarify when an officer is considered to have performed duties of a higher office during periods of absence, including specific types of leave (Reg. 2). The allowance rates for camping and lodging are updated, with married and unmarried officers now receiving different rates depending on the duration of their stay (Reg. 3). The allowance for ship keeping duty for engineers on lighthouse vessels is also adjusted (Reg. 4). The notification of provisional promotions is expanded to include the Department of Civil Aviation (Reg. 5). The composition of Promotions Appeal Committees is modified, reducing the number of required members (Reg. 6). Additionally, the cost of conveyance for officers transferred to Canberra and the removal expenses from Canberra are updated (Regs. 7 and 8). Lastly, the Fourth Schedule is amended to include the First Class Certificate of Education for the Royal Australian Air Force (Reg. 9). The obligations imposed by these regulations require public service officers and employees to adhere to the new definitions and provisions, particularly regarding leave and allowances. Officers must now comply with the updated criteria for determining when they are considered to be performing higher duties during leave, which affects their entitlement to increments and allowances. Employers are required to adjust their payroll processes to reflect the new allowance rates for camping and lodging. They must also ensure that the correct allowances are paid for ship keeping duty on lighthouse vessels. Furthermore, departments must notify provisional promotions to the newly included Department of Civil Aviation and adjust their appeal committee compositions accordingly. Finally, the Public Service Board must ensure that the updated removal expenses are correctly applied when officers are transferred to Canberra or leave Canberra. Breaches of these regulations may lead to various consequences. Officers who do not comply with the updated leave and allowance provisions might face financial discrepancies in their remuneration. Employers who fail to adjust their processes to reflect the new regulations could face legal challenges from affected employees. Non-compliance with the updated notification requirements for provisional promotions could result in procedural errors that might invalidate promotions. Additionally, failure to adjust the composition of Promotions Appeal Committees could lead to disputes over the validity of appeal decisions. The maximum penalties for such breaches are not explicitly stated in the regulations but could involve financial corrections, administrative penalties, or legal actions depending on the severity and impact of the non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.