Public Service Regulations (Amendment)

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STATUTORY RULES.

1962. No. 84.

 

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1960.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1960, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this twenty-second day of August, 1962.

F. H. WHEELER

Chairman.

K. E. GRAINGER

Commissioner.

J. E. COLLINGS

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 Regulations.

Dated this twentieth day of September, 1962.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

GORDON FREETH

Minister of State for the Interior for and on behalf of the Prime Minister.

 

Amendments of the Public Service Regulations.†

Definitions.

1. Regulation 3 of the Public Service Regulations is amended by inserting after the definition of “the Inspector” the following definition:—

“‘the officer in charge’, in relation to an officer or employee, means the officer appointed by the Chief Officer to be, for the purpose of a provision of these Regulations, the officer in charge of the first-mentioned officer or the employee;”.

 

* Notified in the Commonwealth Gazette on 27th September, 1962.

Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations, see footnote † to Statutory Rules, 1962, No. 1 and see also Statutory Rules 1962, Nos. 1, 21, 33 and 39.

1044/59—Price 3d.


Records or attendances.

2. Regulation 10 of the Public Service Regulations is amended by inserting, after the word “officers”, the words “and employees”.

3. Regulation 11 of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

Recording of attendances.

“11.—(1.) Subject to this regulation, each officer or employee shall record, in the attendance book or other means of record approved by the Permanent Head—

(a) at the time of his arrival for duty on each day—the actual time of his arrival for duty; and

(b) at the time of his departure from duty on each day—the actual time of his departure from duty.

“(2.) Where an officer or employee arrives on duty at a time that is more than ten minutes after the time at which he is required to commence duty, the officer or employee shall not record the time of his arrival, but shall immediately after his arrival report to the officer in charge who shall record the time of arrival of the officer or employee and the explanation furnished by the officer or employee for his late attendance.

“(3.) This regulation does not apply to—

(a) an officer of the First Division or the Second Division;

(b) an officer or employee, being an officer or employee who is not, by reason of the rate of salary payable to him entitled, except as provided by these Regulations, to payment for overtime, who has, for the time being, been exempted from the application of this regulation by the Permanent Head; or

(c) any other officer or employee who has, for the time being, been exempted from the application of this regulation by the Board on the recommendation of the Permanent Head.

“(4.) The exemption of an officer or employee from the application of this regulation does not authorize the officer or employee to absent himself from duty, or to leave his place of duty except on official business, within his hours of duty.”.

4. Regulations 13, 14, 15 and 16 of the Public Service Regulations are repealed and the following Regulations inserted in their stead:—

Breaches of the Regulations in relation to attendance for duty and for unauthorized absences.

“13. An officer—

(a) who records, as the time of his arrival on duty or his departure from duty, a time other than the actual time of his arrival on duty or his departure from duty, as the case may be;

(b) who, having arrived on duty later than ten minutes after the time at which he is required to commence duty, fails to report to the officer in charge or, having so reported, fails to give an explanation for his late arrival;

(c) who commences duty after the time at which he is required to commence duty on any day or after the time at which he is required to commence duty after a meal break;

(d) who ceases duty before the time until which he is required to perform duty on any day or until which he is required to perform duty before the commencement of a meal break;


(e) who is frequently late in attending for duty;

(f) who is, during his hours of duty, absent from duty without the express permission of the Chief Officer or the officer in charge; or

(g) who, being prevented by illness or other emergency from attending for duty, does not, as soon as he may do so, report the fact to the officer in charge,

commits a breach of these Regulations.

Officer or employee who is absent without authority may be required to perform duty outside office hours.

“14.—(1.) Where an officer or employee is absent from duty and the period of absence is or was not authorized by or under the Act or these Regulations, the Chief Officer may require the officer or employee to perform duty at a time when the officer would not otherwise be required to perform duty for a period equal to the period during which the officer was so absent from duty.

“(2.) Regulation 66 of these Regulations does not apply to, or in relation to, duty performed in pursuance of a requirement under the last preceding sub-regulation.

Forfeiture of salary or pay for unauthorized absences.

“15.—(1.) Where—

(a) an officer or employee has been absent from duty in any fortnightly pay period for a period of, or for periods that total, thirty minutes or more than thirty minutes; and

(b) the period or periods of absence was or were not authorized by or under the Act or these Regulations,

the Chief Officer may, subject to this regulation, direct the forfeiture of the salary or pay of the officer or employee for the period or periods.

“(2.) The period of any absence in respect of which an officer or employee has performed duty in pursuance of a requirement made under the last preceding regulation shall be disregarded for the purposes of this regulation.

Leave of absence during hours of duty.

“16. Where an officer or employee is granted permission by the Chief Officer or officer in charge to be absent from duty during his hours of duty, the Chief Officer may grant to the officer or employee leave of absence with pay or without pay or leave of absence for recreation.”.

5. After regulation 136 of the Public Service Regulations the following regulation is inserted:—

General obligations of employees.

“136a. Subject to the Act and these Regulations, an employee has, in addition to the obligations expressly imposed on him by these Regulations, the obligations that are imposed by these Regulations on an officer.”.

 

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

Overview

The Statutory Rules 1962, No. 84, known as the Regulations under the Public Service Act 1922-1960, were enacted to provide detailed regulations for the administration of the Public Service Act 1922-1960. This legislative instrument was introduced to address the need for more specific guidelines and procedures for the management of public service officers and employees, ensuring that the broader objectives of the Public Service Act are effectively implemented. Enacted by the Public Service Board, subject to the approval of the Governor-General, these regulations were designed to offer clarity and structure to the administrative processes within the public service sector. The policy objective behind these regulations was to enhance the efficiency and accountability of public service operations by clearly defining roles, responsibilities, and disciplinary measures for breaches of regulations.

Scope and Application

The Regulations under the Public Service Act 1922-1960 apply to officers and employees within the public service of the Commonwealth of Australia. These Regulations govern various aspects of attendance, leave, and disciplinary procedures, including the recording of attendance and departure times, the consequences of breaches in attendance regulations, and the conditions under which employees may be required to perform additional duties or face salary forfeiture for unauthorized absences. The Regulations also clarify that officers and employees are subject to general obligations that mirror those imposed on officers. Exemptions from certain attendance recording requirements are available for certain officers and employees based on their division or salary status, or upon recommendation by the Permanent Head and approval by the Public Service Board. The Regulations extend to all Commonwealth public service officers and employees, and their implementation is overseen by the Public Service Board, with the approval of the Governor-General.

Key Provisions

The main operative sections of these regulations amend the Public Service Regulations under the Public Service Act 1922-1960. Firstly, the definition of "the officer in charge" is expanded to include officers appointed by the Chief Officer to oversee specific provisions of the regulations (Reg. 1). Secondly, Regulation 10 is amended to include employees in the requirement to record attendances (Reg. 2). Thirdly, Regulation 11 is replaced with a new requirement for officers and employees to record their arrival and departure times each day, with specific protocols for late arrivals (Reg. 3). Fourthly, Regulations 13, 14, 15, and 16 are repealed and replaced with new provisions regarding breaches of attendance regulations, the requirement for unauthorized absentees to perform duty outside office hours, the forfeiture of salary for unauthorized absences, and leave of absence during duty hours (Regs. 4-7). Lastly, a new Regulation 136a is inserted, aligning the general obligations of employees with those of officers (Reg. 8). The regulations impose several obligations on officers and employees. They must record their arrival and departure times accurately in the attendance book or approved record (Reg. 3). Employees must also report any late arrivals to the officer in charge and provide an explanation (Reg. 3(2)). Officers and employees who are frequently late or absent without authorization are considered to be in breach of the regulations (Reg. 13). The Chief Officer has the authority to require officers or employees who are absent without authorization to perform duty outside their regular hours (Reg. 14). Additionally, officers or employees who are absent for thirty minutes or more in any fortnightly pay period without authorization may have their salary or pay forfeited (Reg. 15). If an officer or employee is granted leave of absence during duty hours, the Chief Officer may grant this leave with pay, without pay, or for recreation (Reg. 16). Employees are also subject to the same obligations as officers (Reg. 136a). The regulations outline specific offences and penalties for breaches. Officers and employees who fail to record their attendance times accurately, report late arrivals, commence or cease duty at unauthorized times, or are frequently late without authorization, commit a breach of the regulations (Reg. 13). The Chief Officer may require officers or employees who are absent without authorization to perform duty outside their regular hours (Reg. 14). Officers or employees who are absent for thirty minutes or more in any fortnightly pay period without authorization may have their salary or pay forfeited (Reg. 15). However, the regulations do not specify any maximum penalties for these breaches. The specific consequences of these breaches are likely to be determined by the Public Service Act 1922-1960 or other relevant legislation.

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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.