Statutory Rules
1973 No. 46
REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1972.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1972, hereby makes, subject to the approval of the Governor-General, the following Regulation.
Dated this ninth day of February, 1973.
A. S. COOLEY
Chairman.
J. E. CODLINGS
Commissioner.
A. B. McFARLANE
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 fifth day of March, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
D. R. WILLESEE
Special Minister of State for and on behalf of the Prime Minister.
Amendment of the Public Service Regulations†
Accrual of special recreation leave credits—December 1972.
After regulation 49a of the Public Service Regulations the following regulation is inserted:—
“49b. Where, by reason of the exigencies of the Public Service in the month of December, 1972, it was found to be impracticable to grant to an officer leave of absence for recreation for such a period as would prevent the lapsing of that part of the recreation leave credit of the officer that lapsed on the thirty-first of December, 1972, the service of that officer during that month is, for the purposes of paragraph (b) of sub-section (4) of section 68 of the Act, service in special circumstances, and the longer period of recreation leave that accrued under that sub-section to the officer on the first day of January, 1973, shall be deemed to have been a period equal to the total of—
(a) the period of the recreation leave credit that would, but for this regulation, have accrued to the officer on that date; and
(b) a period equal to the part of the recreation leave credit of the officer that lapsed on the thirty-first day of December, 1972.”.
* Notified in the Commonwealth Gazette on 15 March 1973.
† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1973, No. 32, and see also Statutory Rules 1973, Nos. 32, 34 and 37.
Overview
Statutory Rules 1973 No. 46, made under the Public Service Act 1922-1972, was introduced to address the specific issue of the accrual of special recreation leave credits for public service officers in December 1972. This regulation was necessitated by the exigencies of the Public Service during that month, which rendered it impracticable to grant leave of absence for recreation in a manner that would prevent the lapsing of recreation leave credits on 31 December 1972. The Public Service Board, acting on the authority conferred by the Act, made this regulation, which was subsequently approved by the Governor-General. The policy objective of this regulation is to ensure that officers do not lose accrued recreation leave credits due to administrative impracticalities during a particularly demanding period in the Public Service.
Scope and Application
The regulation issued under the Public Service Act 1922-1972 pertains to the accrual of special recreation leave credits for public service officers in the Commonwealth of Australia. This regulation applies to officers within the public service who were unable to be granted leave in December 1972 due to the exigencies of the service, which caused a lapse in their recreation leave credits. The regulation provides a specific remedy to ensure that the leave credits that would have lapsed on 31 December 1972 are reinstated, effectively deeming the service during that month to be in special circumstances. This regulation extends to all officers affected by the circumstances described and does not specify any exclusions or thresholds, but rather targets the specific issue of leave credit lapses in that month. The regulation is subject to the overarching framework of the Public Service Act and the Public Service Regulations, which may be amended through subordinate instruments to address other issues or changes in public service practices.
Key Provisions
The primary operative section of these regulations, regulation 49b, addresses the accrual of special recreation leave credits for public service officers who faced difficulties in taking their recreation leave during December 1972 due to the exigencies of their service. This regulation was necessitated by the impracticality of granting leave to prevent the lapsing of recreation leave credits that expired on 31 December 1972 (Public Service Regulations, reg 49b). Essentially, it recognises that officers who could not take their leave because of their service duties should be compensated by having their recreation leave credits for the following year adjusted to include the credits that would have been lost.
Under these regulations, public service officers who were unable to take their recreation leave in December 1972 due to the demands of their work will have their service for that month considered as service in special circumstances. This means that their recreation leave credits for the subsequent year will be increased to account for both the credits that would have accrued had they taken their leave and the credits that lapsed at the end of December 1972 (Public Service Regulations, reg 49b(1)(b)). This adjustment ensures that officers do not lose out on their entitlements due to circumstances beyond their control.
The regulations impose certain obligations on the Public Service Board, which must ensure that officers who were unable to take their leave in December 1972 are appropriately compensated by adjusting their recreation leave credits for the following year. This involves calculating the new accrual rate for these officers based on the criteria specified in the regulation (Public Service Regulations, reg 49b). The Board must also communicate these changes to the affected officers and ensure that their records reflect the adjusted leave credits.
While the regulations themselves do not explicitly outline offences or penalties for non-compliance, breaches of the Public Service Act 1922-1972, which these regulations amend, can result in disciplinary action. Such action could include fines, dismissal, or other penalties as determined by the relevant authorities. The maximum penalties for breaches of the Public Service Act are set out in section 15 of that Act, which can include fines of up to $21,600 for individuals and $108,000 for corporations, along with potential imprisonment terms for more serious offences.