EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 219
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (‘the Act’) provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
These statutory rules amend regulations 46A and 137 of the Public Service Regulations, which deal respectively with the recreation leave credits of permanent officers who were formerly temporary employees, and recreation leave for temporary employees themselves.
The amendments make the regulations consistent with clause 8 of Public Service Arbitrator’s Determination No. 32 of 1956, reflecting amendments made to that Determination by Determination No. 584 on 10 August 1978. Prior to that date, recreation leave credits for temporary employees accrued each year on the anniversary of the date of their employment; the determination replaced this by a common accrual date of 1 January, similar to the arrangements that have operated since 1966 in respect of permanent officers.
Under section 22 of the Public Service Arbitration Act 1920, the Arbitrator may make a determination which is not in accord with a law of the Commonwealth. Determination No. 584 has thus overridden regulations 46A and 137, to the extent there is inconsistency, since 10 August 1978.
Regulation 1 of the statutory rules amended regulation 46A to provide that a temporary employee who is appointed as an officer in a particular year will be given pro rata recreation leave credits on the next 1 January which reflect the length of his temporary and permanent service during the year.
Regulation 2 amended regulation 137 to provide that a temporary employee will normally be granted on 1 January each year a recreation leave credit of a number of days equal to the number of days ordinarily worked by that person during a 4 week period in the previous year. The quantum of recreation leave is less where significant amounts of leave without pay are taken (for reasons other than illness) and greater for staff employed at lighthouses. Regulation 2 also made a number of machinery amendments to regulation 137.
Overview
The Public Service Regulations (Amendment) 1983, issued under the authority of the Public Service Board and in accordance with sub-section 97(1) of the Public Service Act 1922, address discrepancies between existing regulations and a Public Service Arbitrator’s Determination. The legislation aims to harmonise recreation leave credits for temporary employees and those who transition to permanent officers, ensuring consistency with the Public Service Arbitrator’s Determination No. 584 of 1978. This amendment rectifies a gap where the prior regulations, specifically regulations 46A and 137, were superseded by the Arbitrator’s determination due to inconsistencies. The policy objective is to standardise recreation leave accrual practices, aligning them with the common accrual date of 1 January, which mirrors arrangements for permanent officers since 1966.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No. 219, issued under the authority of the Public Service Board and approved by the Governor-General, amend regulations 46A and 137 of the Public Service Regulations. These amendments are aimed at aligning the regulations with clause 8 of the Public Service Arbitrator’s Determination No. 584, which set a common accrual date of 1 January for recreation leave credits for both temporary and permanent officers, reflecting arrangements that have been in place since 1966 for permanent officers. The changes apply to temporary employees who are appointed as permanent officers and to temporary employees themselves, ensuring consistency in the accrual of recreation leave credits. The amendments also address the quantum of recreation leave, adjusting it based on the amount of leave without pay taken and specific employment conditions, such as those for staff at lighthouses. The regulations apply on a national level, impacting all Commonwealth public service employees affected by the specified leave credits and accrual arrangements.
Key Provisions
The key provisions of these statutory rules, as outlined in the explanatory statement, primarily involve the amendment of regulations 46A and 137 under the Public Service Regulations. Regulation 46A, as amended by regulation 1, now requires that a temporary employee who is appointed as a permanent officer in a particular year will receive pro rata recreation leave credits on the next 1 January, reflecting the length of their service, both temporary and permanent, during that year (reg. 1). Regulation 137, amended by regulation 2, now provides that a temporary employee will normally receive a recreation leave credit on 1 January each year, equal to the number of days ordinarily worked during a four-week period in the previous year (reg. 2). These amendments are intended to make the regulations consistent with the Public Service Arbitrator’s Determination No. 584 of 1978, which established a common accrual date of 1 January for recreation leave credits, aligning the treatment of temporary employees with that of permanent officers.
These statutory rules impose specific obligations on the parties governed by them. The amendments to regulation 46A require the Public Service Board to ensure that temporary employees who are appointed as permanent officers receive their recreation leave credits on the basis of their service length as of the next 1 January. Similarly, the amendments to regulation 137 require that temporary employees receive their recreation leave credits, calculated based on their work over the previous four weeks, also on 1 January each year. Additionally, the rules stipulate adjustments to the recreation leave credits for temporary employees based on the amount of leave taken without pay, except for illness, and provide for greater credits for staff employed at lighthouses.
The statutory rules do not explicitly mention offences, penalties, or civil/criminal consequences for non-compliance. However, given the regulatory nature of these rules, non-compliance could potentially lead to administrative consequences, such as the misallocation of recreation leave credits, which could be subject to review or correction by the Public Service Board. While the rules themselves do not specify penalties, any resultant disputes or non-compliance might be addressed under the broader provisions of the Public Service Act 1922 or other relevant legislative frameworks, potentially involving administrative or judicial review mechanisms.