EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 234
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-Section 71(1) of the Public Service Act 1922 provides that a Chief Officer may, at any time, grant to an officer or an employee leave of absence for a prescribed purpose, for a purpose included in a prescribed class of purposes or as otherwise provided in the regulations.
Sub-section 97(1) of the Public Service Act provides, inter alia, 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.
Section 18 of the Public Service Act provides that the Public Service Board shall furnish reports or recommendations on all matters required to be dealt with by the Governor-General under the Act.
The regulations make technical amendments to several outdated references in the Public Service Regulations and also increase the period for which leave of absence may be granted for study purposes.
Regulations 56, 57 and 109C are amended by omitting the expression “Inspector”. The office of the Public Service Inspector, which was the senior office of the Public Service Board in each State, was replaced in 1978 by the office of Regional Director. The references in each of the above regulations appear to have been overlooked in the process of replacement and it is appropriate that they be amended.
Regulation 61A of the Public Service Regulations prescribes pursuance of a scheme of study or attendance at an examination as a purpose for which leave of absence may be granted under sub-section 71(1) of the Public Service Act. The regulation defines the expressions “approved student” and “scheme of study” by reference to “Division IIIA of Part III” of the Regulations. That Division has been relocated to Part 9 of Public Service Board Determination 1983/10, and the first of two amendments to regulation 61A reflects that relocation.
The second amendment to regulation 61A extends the period for which leave of absence may be granted from two years to three years. This will allow for the encouragement of officers to pursue schemes of study to improve their skills for their benefit and for the benefit of the Service by increasing the range of courses which may be studied and allowing more time for the completion of studies.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 234, enacted by the Public Service Board under the authority of the Public Service Act 1922, addresses the need to modernise and streamline outdated references within the Public Service Regulations. These amendments ensure that the regulations align with the current organisational structure and operational practices, particularly by updating references to the former office of the Public Service Inspector, which was replaced by the Regional Director in 1978. Additionally, the regulations extend the leave of absence period for study purposes from two to three years, aiming to enhance the professional development of officers and ultimately benefit the Public Service by facilitating a broader range of educational pursuits. This amendment is intended to encourage officers to undertake more comprehensive and advanced studies, thereby improving their skills and capabilities.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1984 No. 234, issued under the authority of the Public Service Board, pertain to amendments within the Public Service Regulations. These amendments are designed to update several references that have become outdated and to extend the duration of leave of absence available for study purposes. The amendments are made pursuant to the powers granted under the Public Service Act 1922, particularly Sub-Section 71(1) and Sub-Section 97(1), which allow for the regulation of leave of absence and the prescription of necessary matters for the Act’s implementation. This legislation applies to officers and employees within the public service who may be granted leave of absence for specified purposes. The amendments are intended to correct oversights from the past, such as outdated references to the Inspector, which have been replaced by the office of Regional Director since 1978. The geographic reach of these regulations is confined to the Commonwealth of Australia, and they apply to all public service officers and employees within its jurisdiction. The amendments do not introduce any exclusions or exemptions but focus on refining the regulatory framework to better serve the public service’s educational and skill development needs.
Key Provisions
The Public Service Regulations (Amendment) primarily focuses on technical amendments to outdated references within the Public Service Regulations and an extension of the period for granting leave of absence for study purposes. Section 71(1) of the Public Service Act permits officers or employees to be granted leave for specified purposes, including study, and Regulation 61A of the Public Service Regulations further outlines the criteria for such leave. The amendment relocates the references to the scheme of study and approved student definitions from Division IIIA of Part III to Part 9 of Public Service Board Determination 1983/10, reflecting changes in the organisational structure. Moreover, Regulation 61A is amended to extend the allowable leave period for study from two years to three years, enhancing the opportunity for officers to pursue extended courses to improve their skills.
These regulations impose specific obligations on the Public Service Board to ensure that the updated references and extended leave provisions are implemented effectively. They must ensure that all technical amendments are correctly integrated into the existing framework, and that officers and employees are duly informed of the new provisions regarding leave for study purposes. The Board must also ensure that the updated regulations align with the Public Service Act and the Public Service Board Determination 1983/10, thereby maintaining consistency and coherence within the legislative framework.
Breach of the provisions within the Public Service Regulations, including failure to comply with the amended leave provisions, may result in disciplinary actions against officers and employees. While the statutory rules do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, the Public Service Act provides a framework within which such actions may be taken. Under the Act, officers and employees who do not adhere to the prescribed regulations could face administrative penalties, which may include warnings, fines, or other disciplinary measures. The specific penalties would be determined based on the severity and nature of the breach, in accordance with the provisions of the Public Service Act.