Public Service Regulations (Amendment)

Overview

The Statutory Rules 1974 No. 16, enacted under the Public Service Act 1922-1973, aim to address gaps in the existing Public Service Regulations concerning study leave and the reimbursement of fees for public service officers. These regulations were made by the Public Service Board and approved by the Governor-General, Paul Hasluck, on the fifth of February, 1974. The amendments introduce provisions for leave of absence with pay for officers undertaking courses of study, including provisions for study leave credits and the reimbursement of fees under specific circumstances. This legislative instrument is intended to provide greater flexibility and support for public service officers pursuing further education, ensuring they can undertake necessary residential study periods and receive reimbursement for course-related expenses in certain situations.

Scope and Application

The Public Service Regulations 1974, made under the Public Service Act 1922-1973, provide for various allowances and reimbursements for officers and employees of the Australian Public Service. These Regulations apply to officers and employees who are part of the Commonwealth Public Service, as defined under the Public Service Act. The Regulations address specific circumstances such as study leave, examination attendance, and reimbursement of fees related to courses of study or short courses of instruction. Notably, these provisions allow officers who are external students to receive leave with pay if they need to attend a university or other institution as a residential student for periods exceeding one week. Additionally, officers who are unable to complete their studies due to illness or injury, or those who are directed to undertake duties that prevent them from continuing their studies, may be eligible for reimbursement of fees paid for the course. These Regulations extend their application through subordinate instruments to cover a broad range of scenarios within the Commonwealth Public Service.

Key Provisions

The key provisions of this legislative instrument (C2004L01483) amend the Public Service Regulations under the Public Service Act 1922-1973. The amendments primarily focus on enhancing the provisions for leave of absence and the reimbursement of fees for officers and employees undergoing courses of study. Regulation 50b is amended to allow officers undergoing a course of study as external students to be granted leave of absence with pay if they are required to attend as residential students for more than one week. This leave must not exceed the officer’s study leave credit immediately before the leave begins (section 1). Officers also accrue study leave credit for each subject or unit successfully completed, which equates to their ordinary hours of duty during a week (section 1(6b)). However, if an officer has already been granted leave under another sub-regulation, they will not accrue additional study leave credit for that subject (section 1(6c)). Regulation 50ca is amended to redefine ‘examination’ to include supervised examinations relating to the officer’s course of study or short course of instruction, held by or on behalf of the Board, or approved by the Board (section 2). Additionally, Regulation 100c is amended to provide for the reimbursement of fees under specific circumstances. If an officer who has been approved for a course of study or short course of instruction dies or is retired due to injury or illness before or after completing the final examination or the course, they or their dependants are entitled to reimbursement of fees paid (section 3(5)). Similarly, if an officer is directed to undertake duties that preclude them from continuing their course before completing the final examination or the course, they are entitled to reimbursement of fees paid (section 3(6)). The amendments impose specific obligations on officers and the Public Service Board. Officers must ensure they meet the criteria for study leave credit accrual and reimbursement of fees, such as successfully completing subjects or units and adhering to the conditions of their leave and course approvals. The Public Service Board must approve applications for courses, supervise or approve examinations, and process reimbursement claims under the stipulated conditions. Failure to comply with these provisions can lead to civil or administrative consequences, although specific penalties are not detailed within this legislative instrument. There are no explicit offences or penalties stated in the regulations themselves; however, failure to comply with the provisions for leave of absence or reimbursement of fees could lead to administrative actions or denial of benefits. The precise consequences would depend on the interpretation and enforcement of these regulations by the Public Service Board. The maximum penalties, if any, would be determined by the specific administrative or civil remedies available under the Public Service Act 1922-1973 or other relevant legislation.