PUBLIC SERVICE REGULATIONS (AMENDMENTS) 1981 NO. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) 1981 NO. 35 - TABLE OF PROVISIONS 1. Commencement 2. Leave of absence during hours of duty 3. Officers called as witnesses or attending as jurors 4. Order of granting recreation leave 5. Determination of anniversary of date of commencing duties as an officer 6. Payment in lieu of recreation leave for certain officers ceasing to be officers otherwise than by death 7. Reduction of recreation leave credit on account of other absences 8. Lapsing of recreation leave 9. Application of regulations 50, 50A, 50B, 50C and 50D to officers rendering specified defence service 10. Accrual of special recreation leave credits 11. Definitions 12. 13. Pay for holidays when on leave 14. 15. Preservation of rights of former officers who are transferred to the Public Service of the Northern Territory 16. Transfer or promotion of certain persons employed by Legal Aid Commissions of States or Territories to offices in the Australian Public Service 17. Omission of heading 18. Repeal of Third Schedule 19. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 1 Commencement 1. These Regulations shall come into operation on 15 March 1981. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 2 Leave of absence during hours of duty 2. Regulation 16 of the Public Service Regulations is repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 3 Officers called as witnesses or attending as jurors 3. Regulations 45 and 45A of the Public Service Regulations are repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 4 Order of granting recreation leave 4. Regulation 46 of the Public Service Regulations is amended by inserting in sub-regulation (3) ", subject to these Regulations," after "may". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 5 Determination of anniversary of date of commencing duties as an officer 5. Regulation 46C of the Public Service Regulations is amended by omitting from sub-regulation (3) "under section 71A of the Act, or under section 72 of the Act to enable the officer to engage in service specified in paragraph (a) or (b) of sub-regulation (1) of regulation 51 of these Regulations, has been granted" and substituting "has been granted under section 71 of the Act for a purpose prescribed by sub-regulation 61B (1) or by paragraph 61C (1) (a) or (b)". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 6 Payment in lieu of recreation leave for certain officers ceasing to be officers otherwise than by death 6. Regulation 46D of the Public Service Regulations is amended- (a) by omitting from sub-regulation (4) "sub-regulation (2) of regulation 50D of these Regulations" (twice occurring) and substituting "sub-regulation 52 (1)"; and (b) by omitting from sub-regulation (5) "46A to 50D (inclusive) of these Regulations" and substituting "46A to 53 (inclusive)". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 7 Reduction of recreation leave credit on account of other absences 7. Regulation 47 of the Public Service Regulations is amended by omitting from paragraph (b) ", by reason of the operation of section 72AA of the Act,". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 8 Lapsing of recreation leave 8. Regulations 48 and 48A of the Public Service Regulations are repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 9 Application of regulations 50, 50A, 50B, 50C and 50D to officers rendering specified defence service 9. Regulation 48B of the Public Service Regulations is amended- (a) by omitting sub-regulation (1); and (b) by omitting from sub-regulation (2) "Regulation 48, or regulation 48A, as the case may be of these Regulations" and substituting "Each of regulations 50A, 50B, 50C and 50D". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 10 Accrual of special recreation leave credits 10. Regulation 49 of the Public Service Regulations is amended by adding at the end thereof the following sub-regulation: "(6) In this regulation- 'prescribed isolated district' means an isolated district for the time being determined by the Board to be a prescribed isolated district for the purposes of sub-regulation (3); 'prescribed place overseas' means a place overseas for the time being determined by the Board to be a prescribed place overseas for the purposes of sub-regulation (3).". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 11 Definitions 11. Regulation 49A of the Public Regulations is repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 12 12. Regulations 50 to 53 (inclusive) of the Public Service Regulations are repealed and the following regulations substituted: Grant of recreation leave to use accrued recreation leave credit "50. (1) Where the recreation leave credit of an officer on 1 January in a year includes a recreation leave credit that accrued- (a) 2 years before that date; or (b) under regulation 49, 3 years before that date, and that officer applies for leave of absence for recreation, on dates specified by the officer, that would use up before 1 April in that year the whole or part of the recreation leave credit that so accrued the Chief Officer shall, subject to sub-regulation (2), grant the officer leave of absence for recreation for the dates specified by the officer to enable the officer to use the whole or part of the recreation leave credit that so accrued. "(2) Where the Chief Officer is of the opinion that it would not be convenient for the working of the Department to grant an officer leave of absence for recreation for a date specified by the officer under sub-regulation (1) the Chief Officer may, when granting leave under that sub-regulation, substitute for that date, with the consent of that officer, a different date, being a date between the 1 January and 1 April referred to in sub-regulation (1) in relation to that leave. Circumstances in which recreation leave is deemed to have been granted by operation of law on 1 April "50A. Where an officer has not used before 1 April in a year the whole or part of a recreation leave credit that accrued- (a) 2 years before 1 January in that year; or (b) under regulation 49, 3 years before 1 January in that year, that officer is, subject to regulations 50B and 50C, deemed to have been granted, by operation of law, leave of absence for recreation commencing on 1 April in that year for the period of that unused recreation leave credit or that unused part of a recreation leave credit. Circumstances in which recreation leave is deemed to have been granted by operation of law where officer is already on leave for less than 4 weeks "50B. Where an officer has not used before 1 April in a year the whole or part of a recreation leave credit that accrued- (a) 2 years before 1 January in that year; or (b) under regulation 49, 3 years before 1 January in that year, and that officer is on 1 April in that year on leave of absence for a period not exceeding 4 weeks, that officer is deemed to have been granted, by operation of law, leave of absence for recreation, commencing on the day immediately following that leave of absence, for the period of that unused recreation leave credit or that unused part of a recreation leave credit. Circumstances in which recreation leave is deemed to have been granted by operation of law where officer is on leave for more than 4 weeks "50C. (1) Where an officer has not used before 1 April in a year the whole or part of a recreation leave credit that accrued- (a) 2 years before 1 January in that year; or (b) under regulation 49, 3 years before 1 January in that year, and that officer is on 1 April in that year on leave of absence for a period exceeding 4 weeks, that officer is, if he does not use that recreation leave credit or that part of a recreation leave credit within the period of 6 months immediately following that leave of absence, deemed to have been granted, by operation of law, leave of absence for recreation, commencing on the day immediately following that period of 6 months, for the period of that unused recreation leave credit or that unused part of a recreation leave credit. "(2) Where an officer applies for leave of absence for recreation, on dates specified by the officer, that would use up within the period of 6 months immediately following the leave of absence referred to in sub-regulation (1) the whole unused recreation leave credit or a part of the unused recreation leave credit, referred to in paragraph (1) (a) or (b) the Chief Officer shall, subject to sub-regulation (3), grant the officer leave of absence for recreation for the dates specified by the officer to enable the officer to use that unused recreation leave credit or that unused part of a recreation leave credit. "(3) Where the Chief Officer is of the opinion that it would not be convenient for working of the Department to grant an officer leave of absence for recreation for a date specified by the officer under sub-regulation (2) the Chief Officer may when granting leave under that sub-regulation substitute for that date, with the consent of the officer, a different date, being a date within the period of 6 months referred to in sub-regulation (1). Chief Officer may require officer to absent himself from duty "50D. Where an officer does not absent himself from duty during the whole or part of a period of leave of absence for recreation that is deemed to have been granted to him by operation of law and the Chief Officer informs him that in the opinion of the Chief Officer it is necessary in the interests of the Service that the officer absent himself from duty during that period or that part of a period, the officer shall so absent himself from duty. Accrual of recreation leave in certain circumstances "50E. Where an officer is absent from duty on leave, other than on recreation leave, for a period that- (a) includes the date of the accrual of a recreation leave credit (including a recreation leave credit reduced under regulation 47 or a recreation leave credit extended for a longer period under regulation 49); and (b) exceeds one year, and he resumes duties as an officer in a year subsequent to the year in which that recreation leave credit accrued, regulations 49, 50, 50A, 50B, 50C and 50D apply in relation to that officer as if that recreation leave credit had accrued to that officer on 1 January in the year in which he resumes duties as an officer. Leave of absence declared to be leave to which paragraph 68 (12) (c) of the Act applies "50F. Leave of absence granted to an officer under section 71 of the Act by virtue of regulation 61B or paragraph 61C (1) (a) or (b) is declared to be leave to which paragraph 68 (12) (c) of the Act applies. Recreation leave not to accrue in certain circumstances "51. A recreation leave credit does not accrue to an officer in accordance with section 68 of the Act or in accordance with regulation 46A on 1 January in a year if, on that 1 January, the officer is absent from duty on leave of absence granted under section 71 of the Act by virtue of regulation 61B or paragraph 61C (1) (a) or (b). Special recreation leave-officers granted defence leave "52. (1) Subject to sub-regulation (2), where- (a) an officer who was an officer on 26 October 1966 is granted leave of absence under section 71 of the Act by virtue of regulation 61B or paragraph 61C (1) (a) or (b); and (b) the anniversary of the date on which the officer commenced duties as an officer that last preceded the date of commencement of that leave of absence occurred in the period that commenced on 1 January in the year in which he is granted that leave of absence and ends on the day immediately before the date of commencement of that leave of absence, there accrues to the officer, on the date on which he is granted that leave of absence, a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued under sub-section 68 (4) of the Act, if that sub-section had been applicable, for each complete month in the period referred to in paragraph (b). "(2) Sub-regulation (1) applies only in relation to the first occasion on which an officer is granted leave of absence of the kind referred to in paragraph (1) (a). "(3) Where an officer who commenced duties as an officer after 26 October 1966 is granted leave of absence under section 71 of the Act by virtue of regulation 61B or paragraph 61C (1) (a) or (b), there accrues to the officer, on the date on which he is granted that leave of absence, a recreation leave credit of a period calculated at the rate of one-twelfth of the period that would have accrued to the officer under sub-section 68 (4) of the Act, if that sub-section had been applicable, for each complete month of the officer's period of service- (a) in the period that commenced on 1 January that last preceded the date of the commencement of that leave of absence and ends on the day immediately before the date of the commencement of that leave of absence; or (b) in the case of an officer who commenced duties as an officer after 1 January in the year in which he is granted that leave of absence-in the period that commenced on the date on which he commenced duties as an officer and ends on the day immediately before the date of the commencement of that leave of absence. Interpretation-regulations 46A to 52 "53. (1) In regulations 46A to 52 (inclusive), unless the contrary intention appears- (a) 'month' and 'year' have the same meanings as they have in section 68F of the Act; and (b) a reference to a recreation leave credit shall be read as including a reference to an addition to a recreation leave credit. "(2) In regulations 46D and 52, a reference to the anniversary of the date on which an officer commenced duties as an officer shall be read, in the case of an officer referred to in sub-regulation 46C (1), (2) or (3), as a reference to the anniversary of the date on which he is to be deemed, for the purposes of section 68A of the Act, to have commenced duties as an officer.". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 13 Pay for holidays when on leave 13. Regulation 59 of the Public Service Regulations is repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 14 14. Regulations 61 and 61A of the Public Service Regulations are repealed and the following regulations substituted: Staff organization leave "61. (1) In this regulation- 'staff organization' means an organization registered under the Conciliation and Arbitration Act 1904 the membership of which includes- (a) officers or employees; or (b) other persons employed by the Commonwealth or by an authority established or constituted by or under a law of the Commonwealth or an internal Territory. "(2) For the purposes of sub-section 71 (1) of the Act, it is a prescribed purpose to enable an officer or employee- (a) to be a full-time holder of an elective office; or (b) to be a full-time holder of a non-elective office, in a- (c) staff organization; (d) council of staff organizations; or (e) credit union, co-operative society, building co-operative, or similar body, registered, or incorporated, by or under a law of a State or Territory, the business of which is conducted by or on behalf of a staff organization- (i) for the benefit of its members; or (ii) for the benefit of all persons employed by the Commonwealth. "(3) The maximum period of leave of absence that may be granted by virtue of paragraph (2) (b) to an officer or employee is 3 years. Study or examination leave "61A. (1) In this regulation 'approved student' and 'scheme of study' have the same meaning as in Division IIIA of Part III. "(2) For the purposes of sub-section 71 (1) of the Act, each of the following is a prescribed purpose: (a) pursuance of a scheme of study by an approved student; and (b) attendance at, or sitting for, a supervised examination held by or on behalf of the Board under the Act. "(3) The maximum continuous period of leave of absence that may be granted by virtue of sub-regulation (2) to an approved student for the pursuance of a scheme of study is 2 years. Leave for specified defence service "61B. (1) For the purposes of sub-section 71 (1) of the Act, undertaking a period of specified defence service is a prescribed purpose. "(2) A grant of leave of absence in respect of a period of specified defence service made after the commencement of that period shall be deemed to have taken effect at the commencement of that period. Leave for full-time defence service "61C. (1) For the purposes of sub-section 71 (1) of the Act, in relation to an officer or employee, other than an employee employed to perform duties outside Australia and the Territories, each of the following is a prescribed purpose: (a) full-time service in time of war as defined in the Defence Act 1903- (i) in the Defence Force; or (ii) in a naval, military or air force- (A) of a part of the Queen's dominions (including a British protectorate or a British protected state); (B) of a country allied or associated with Australia for the purposes of defence; or (C) of the United Nations; (b) full-time service as a member of a part of the Defence Force or of another force referred to in paragraph (a) that is engaged in operations for the purposes of the United Nations; and (c) continuous full-time service as a member of the Navy, Army or Air Force for a period not exceeding 4 years for which the officer or employee has volunteered. "(2) Where an officer or employee referred to in paragraph (1) (c) is, by virtue of section 10A, 39 or 50B of the Defence Act 1903, section 9 or 28 of the Naval Defence Act 1910, or section 4G or 4H of the Air Force Act 1923, required, at the conclusion of the period of service for which he has volunteered to serve, to render additional service, the leave of absence granted by the Chief Officer to that officer or employee under sub-section 71 (1) of the Act shall be deemed to have been extended for the period necessary to enable the officer or employee to undertake that additional service. Leave for defence service training "61D. (1) In this regulation, 'year' means any period commencing on 1 July and ending on the following 30 June. "(2) Subject to sub-regulation (8), for the purposes of sub-section 71 (1) of the Act, in relation to an officer or employee, other than an employee performing duties overseas, each of the following is a prescribed purpose: (a) annual training as a member of the Navy, Army or Air Force; (b) training for a continuous period of not less than 28 days, including Saturdays and Sundays, in the case of members of the Navy who are not required to perform annual training, but who are required to undergo a period of training at intervals of not less than 2 years; and (c) attending a school, class, or course of instruction, conducted for the training of members of the Navy, Army or the Air Force. "(3) Subject to this regulation, the maximum period of leave of absence that may be granted under sub-section 71 (1) of the Act by virtue of sub-regulation (2) in a year is- (a) for the purpose specified in paragraph (2) (a)- (i) in the case of a member of the Navy-13 days; (ii) in the case of a member of the Army-14 days; and (iii) in the case of a member of the Air Force-16 days; and (b) for the purpose specified in paragraph (2) (c)- (i) in the case of a member of the Navy-13 days; (ii) in the case of a member of the Army-16 days; and (iii) in the case of a member of the Air Force-16 days. "(4) Each maximum period of leave of absence referred to in sub-regulation (3) includes any Saturday and Sunday between the first day of a period of leave of absence granted by virtue of paragraph (2) (a) or (c) in respect of a continuous period of training and the last day of that period of leave of absence so granted. "(5) Where the person who is the commanding officer of an officer or employee in relation to that officer's or employee's membership of the Navy, Army or Air Force, as the case may be, certifies in writing that attendance by the officer or employee for the purposes of annual obligatory training for a period in addition to those specified in paragraphs (3) (a) and (b) is necessary, that attendance by that officer or employee is a prescribed purpose for the purposes of sub-section 71 (1) of the Act. "(6) The maximum period of leave of absence that may be granted to an officer or employee under sub-section 71 (1) of the Act by virtue of sub-regulation (5) in a year is 4 days. "(7) Where in a year an officer or employee is required to engage as a member of the Army in a continuous period of training of not less than 33 days including Saturdays and Sundays, the engaging by that officer or employee in that continuous period of training is, for the purposes of sub-section 71 (1) of the Act, a prescribed purpose. "(8) The annual training, training, attending, attendance, or engaging in a period of training, referred to in this regulation is not a prescribed purpose for the purposes of sub-section 71 (1) of the Act in relation to an officer or employee where, in the opinion of the Chief Officer, it would not be in the public interest to grant leave of absence to that officer or employee for the particular days on which that annual training, training, attending, attendance, or engaging in a period of training is to take place. Leave for work or employment in the interests of defence or public safety "61E. (1) For the purpose of sub-section 71 (1), except in relation to an employee employed to perform duties outside Australia and its Territories, engaging in work or employment that the Board certifies to be in the interests of the defence or public safety of the Commonwealth or the Territories is a prescribed purpose. "(2) The maximum period of leave of absence that may be granted to an officer or employee by virtue of sub-regulation (1) is 2 years. Leave for engagement in other employment "61F. (1) Subject to this regulation, for the purposes of sub-section 71 (1) of the Act the engagement by an officer or employee, whether in Australia or elsewhere, in employment with- (a) the government, or an authority, of a State or of, or of a part of, a country outside Australia; (b) a university, college of advanced education, technical school, technical college, or other educational institution; or (c) an institution, organization, or body, that is approved by the Board for the purposes of this regulation, where the engagement of that officer or employee in that employment is, in the opinion of the Chief Officer, in the public interest, is a prescribed purpose. "(2) The maximum period of leave of absence that may be granted to an officer or employee by virtue of sub-regulation (1) is 3 years. Leave to accompany spouse on a posting "61G. (1) Subject to this regulation, for the purposes of sub-section 71 (1) of the Act, enabling an officer or employee to accompany the spouse of that officer or employee on a posting overseas or in a State or Territory, where the spouse is- (a) the holder of a Commonwealth office; (b) employed by the Commonwealth; (c) employed by an authority of the Commonwealth; (d) employed by a body corporate incorporated under a State or Territory law, in which the Commonwealth has a controlling interest; or (e) the holder of an office, or employed, in the Defence Force, and in the course of that employment or of holding that office is required to perform duties overseas, or in the State or Territory of the posting, as the case requires, is a prescribed purpose. "(2) The maximum period of leave of absence that may be granted by the Chief Officer to an officer or employee by virtue of sub-regulation (1) is the period during which the spouse of that officer or employee is required to perform duties overseas, or in the State or Territory of the posting, as the case requires. Campaign leave "61H. (1) For the purposes of sub-section 71 (1) of the Act, campaigning by an officer or employee for the election of that officer or employee to- (a) a House of the Parliament of the Commonwealth or of a State; (b) the Legislative Assembly for the Northern Territory of Australia; or (c) a legislative or advisory body approved by the Board for the purposes of this regulation, is a prescribed purpose. "(2) The maximum period of leave of absence that may be granted to an officer or employee under sub-section 71 (1) of the Act by virtue of sub-regulation (1) is 3 months. Leave to give evidence as witness "61J. (1) For the purposes of sub-section 71 (1) of the Act, enabling an officer or employee to attend to give evidence before a body or person before whom evidence may be taken on oath is a prescribed purpose. "(2) If it is necessary for an officer or employee who is granted leave under sub-section 71 (1) of the Act by virtue of sub-regulation (1) to travel to give evidence- (a) in a judicial or administrative proceeding on behalf of the Commonwealth or an authority established by or under a law of the Commonwealth or a law of a Territory; (b) before a Royal Commission appointed under a law of the Commonwealth or before a person conducting an inquiry under a law of the Commonwealth or a law of a Territory; (c) at the insistence of a person or authority exercising arbitral functions under a law of the Commonwealth or a law of a Territory; (d) on behalf of the Commonwealth, or an authority established by or under a law of the Commonwealth or a law of a Territory, before a person or authority exercising arbitral functions under a law of the Commonwealth or a law of a Territory; or (e) on behalf of a State, or an authority established by a law of a State, in a judicial or administrative proceeding, that officer or employee is entitled, for the purposes of payment of travelling allowances and expenses, to the payment of travelling allowances and expenses on the same basis as if he had travelled in the course of his duties as an officer or employee. "(3) The total of the amounts of remuneration and allowances of an officer or employee in respect of a period of leave of absence granted by virtue of sub-regulation (1) shall be reduced by the amounts received by that officer or employee by way of witnesses' expenses in relation to that period otherwise than in pursuance of this regulation. Leave for jury service "61K. (1) For the purposes of sub-section 71 (1) of the Act, to attend on a court to serve as a juror is a prescribed purpose. "(2) The amount of remuneration of an officer or employee for a day on which he is on leave for the purpose referred to in sub-regulation (1) shall be reduced by so much of the amount received by that officer or employee by way of jury fees in relation to that purpose in respect of that day as is reasonable having regard to- (a) the proportion that the period of that leave on that day bears to the total period spent by the officer or employee on that day for that purpose; and (b) any expenses incurred by the officer or employee in respect of attendance on that day on a court to serve as a juror. Leave during hours of duty "61L. (1) The Chief Officer may grant leave of absence under sub-section 71 (1) of the Act to an officer or employee, in respect of an absence on a day of the officer or employee from duty during the ordinary hours of duty of that officer or employee on that day with the permission of the Chief Officer or the officer in charge. "(2) Where leave of absence has been granted by virtue of sub-regulation (1) in respect of the absence from duty on a particular day of an officer or employee during the whole of the period of the ordinary hours of duty of that officer or employee on that day, leave of absence shall not be granted to that officer or employee by virtue of sub-regulation (1) in relation to any absence on the day immediately following that day. "(3) Where leave of absence has been granted by virtue of sub-regulation (1) in relation to any absence from duty on a particular day of an officer or employee during the ordinary hours of duty of that officer or employee on that day, leave of absence shall not be granted to the officer or employee by virtue of sub-regulation (1) in relation to absence from duty during the whole of the period of the ordinary hours of duty of the officer or employee on the day immediately following that day. Leave in special circumstances "61M. (1) Where but for regulation 61L, this regulation or regulation 61Q an officer or employee cannot be granted leave of absence under sub-section 71 (1) of the Act, and in the opinion of the Chief Officer special circumstances exist justifying the granting of leave of absence to that officer or employee under that sub-section, the Chief Officer may grant leave of absence to that officer or employee under that sub-section in accordance with this regulation. "(2) The maximum period of leave of absence that may be granted to an officer or employee under sub-section 71 (1) of the Act by virtue of sub-regulation (1) is 3 days in each consecutive period of 12 months. Granting of leave subject to deduction from future recreation leave credits "61N. (1) The Chief Officer may grant to an officer leave of absence under sub-section 71 (1) of the Act by virtue of this sub-regulation on the condition that a recreation leave credit that would otherwise subsequently accrue to the officer shall be reduced by the period of the leave of absence so granted. "(2) Except in the case of an officer stationed at a post overseas for the time being declared by the Board to be a difficult post having regard to the conditions at that post and the length of the continuous period it would be reasonable for an officer stationed at that post to spend away from that post when taking leave of absence for the purpose of recreation, the period or periods of leave granted to an officer under sub-section 71 (1) of the Act in accordance with sub-regulation (1) shall not exceed in any period of 12 months commencing on 1 January in a year a period equivalent to the period of ordinary hours of duty of that officer during a period of one week. Leave for appointment as representative of the Commonwealth "61P. (1) For the purposes of sub-section 71 (1) of the Act, enabling an officer or employee who is appointed to be a representative in another country of the Government of the Commonwealth to take up that appointment is a prescribed purpose. "(2) No remuneration is payable to an officer or employee during a period of leave of absence granted to that officer or employee by virtue of sub-regulation (1). "(3) On the termination of a period of leave of absence granted to an officer by virtue of sub-regulation (1) or, in the case of consecutive periods of leave of absence so granted, on the termination of the last of those consecutive periods, that officer shall, unless he has been dismissed for misconduct or has attained the maximum age for retirement fixed for officers of the Service, be entitled to be appointed by the Board to an office in the Service of such status and salary as are determined by the Board having regard to the Office vacated by that officer on, and the period of, his appointment as a representative in another country of the Government of the Commonwealth. Leave under sub-section 71 (1) of the Act not provided for elsewhere "61Q. (1) Where but for this regulation an officer or employee cannot be granted leave of absence under sub-section 71 (1) of the Act, the Chief Officer may grant leave of absence to that officer or employee under that sub-section in accordance with this regulation. "(2) The maximum period of leave of absence that may be granted to an Officer or employee under sub-section 71 (1) of the Act by virtue of sub-regulation (1) is 12 months. Applications for leave under sub-section 71 (1) of the Act "61R. (1) It is a condition subject to which leave of absence may be granted to an officer or employee under sub-section 71 (1) of the Act that the officer or employee makes an application in accordance with this regulation to the Chief Officer for the grant of that leave. "(2) Subject to sub-regulation (3), an application referred to in sub-regulation (1) shall be- (a) in writing; and (b) addressed to the Chief Officer. "(3) An application referred to in sub-regulation (1) is not required to be in writing in the case of leave granted by virtue of regulation 61L or 61M. Extension by the Board of maximum period of leave "61S. (1) Where, under sub-section 71 (1) of the Act, an officer or employee has been granted by the Chief Officer leave of absence in respect of which a maximum period of leave is specified in these Regulations, the Board may, on application by that officer or employee, extend the period of the leave so granted beyond the maximum period so specified. "(2) An application under sub-regulation (1) shall be- (a) in writing; (b) addressed to the Board; (c) accompanied by a written statement of reasons for the extension sought by the officer or employee; and (d) accompanied by a copy of the application for the leave of absence granted by the Chief Officer. Promotion or transfer after leave granted "61T. (1) Subject to sub-regulation (2), it is a condition subject to which leave may be granted under sub-section 71 (1) of the Act to an officer or employee that, if, before the commencement of the leave, the officer or employee is promoted, or transferred, to another Department, the leave so granted shall not be taken without the approval of the Chief Officer of that other Department. "(2) Sub-regulation (1) does not apply in relation to leave granted by virtue of regulation 61, 61B, 61C, 61D, 61E, 61J or 61K. Review by the Board of decisions of Chief Officers in respect of applications for the grant of leave under sub-section 71 (1) of the Act "61U. (1) Where, in relation to an application for the grant of leave of absence under sub-section 71 (1) of the Act, the Chief Officer makes a decision- (a) not to grant the leave requested; (b) to grant the leave requested for a period other than for the period requested; or (c) to grant the leave subject to conditions, he shall give the officer or employee who applied for that leave written notice of his decision. "(2) An officer or employee who has been given notice of a decision under sub-regulation (1) may request the Board to review that decision. "(3) A request referred to in sub-regulation (2) shall be- (a) in writing; (b) addressed to the Board; and (c) submitted to the Chief Officer who made the decision to which the request relates. "(4) A Chief Officer to whom a request is submitted under sub-regulation (3) shall forward the request to the Board accompanied by a statement in writing of the reasons for his decision. "(5) The Board shall, on receipt of a request forwarded to it under sub-regulation (4), review the decision to which the request relates and, for that purpose, shall have all the powers and functions of the Chief Officer in making decisions under the Act and these Regulations and the decision on the review shall for all purposes (except for the purpose of having it reviewed under this regulation) be deemed to be the decision of the Chief Officer.". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 15 Preservation of rights of former officers who are transferred to the Public Service of the Northern Territory 15. Part VIIA of the Public Service Regulations is repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 16 Transfer or promotion of certain persons employed by Legal Aid Commissions of States or Territories to offices in the Australian Public Service 16. Part VIIB of the Public Service Regulations is repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 17 Omission of heading 17. The Public Service Regulations are amended by omitting the heading "THE SCHEDULES". 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 18 Repeal of Third Schedule 18. The Third Schedule to the Public Service Regulations is repealed. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 19 19. The Public Service Regulations are amended by adding at the end thereof the following Part and Schedules: "PART XI-OFFICERS HOLDING PUBLIC OFFICES OR EMPLOYED BY PUBLIC AUTHORITIES Bodies corporate declared to be Commonwealth authorities for the purposes of Part IV of the Act "169. For the purposes of paragraph (b) of the definition of 'Commonwealth authority' in sub-section 87 (1) of the Act, each body corporate specified in Column 2 of Schedule 1 in an item in that Schedule is declared to be a Commonwealth authority for the purposes of Part IV of the Act. Offices and appointments declared to be Commonwealth offices for the purposes of Part IV of the Act "170. For the purposes of paragraph (b) of the definition of 'Commonwealth office' in sub-section 87 (1) of the Act, each office or appointment specified in Column 2 of Schedule 2 in an item in that Schedule is declared to be a Commonwealth office for the purposes of Part IV of the Act. Offices and appointments declared not to be Commonwealth offices for the purposes of Part IV of the Act "171. For the purposes of paragraph (n) of the definition of 'Commonwealth office' in sub-section 87 (1) of the Act, each office or appointment specified in Column 2 of Schedule 3 in an item in that Schedule is declared not to be a Commonwealth office for the purposes of Part IV of the Act. Employment that is employment by a Commonwealth authority "172. The offices and appointments specified in Schedule 4 are prescribed for the purposes of paragraph 87 (2) (m) of the Act. Right to re-enter service by way of transfer or promotion "173. For the purposes of sub-section 87M (1) of the Act, section 50 of the Act in its application in relation to a person to whom Division 3 of Part IV of the Act applies is modified to the extent that sub-section (2) of that section shall have no application in relation to that person. Conditions and procedures on transfer or promotion "174. Regulations 107 to 109B (inclusive), 109CA to 110 (inclusive) and 112 apply in relation to a person to whom Division 3 of Part IV of the Act applies as if that person- (a) were an officer; (b) were the holder of an office in the Division in which he was included immediately before he ceased, or last ceased, to be an officer, being an office- (i) subject to sub-paragraph (ii)-the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or (ii) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer-having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer; and (c) had the same seniority as he had immediately before he ceased, or last ceased, to be an officer. Payment of travelling or motor vehicle allowance "175. Regulations 75 to 78 (inclusive), 80A and 90A apply in relation to a person to whom Division 3 of Part IV of the Act applies, for the purposes of that person exercising a right under section 50, 50A, 53 or 53A of the Act by virtue of sub-section 87M (1) of the Act, as if that person- (a) were an officer; and (b) were the holder of an office in the Division in which he was included immediately before he ceased, or last ceased, to be an officer, being an office- (i) subject to sub-paragraph (ii)-the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or (ii) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer-having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer. Payment of allowances to persons promoted or transferred "176. Regulations 75 to 78 (inclusive), 80A, 90A, 97, 97D, 119 and 120 apply, in relation to a person to whom Division 3 of Part IV of the Act applies and who has been transferred or promoted to an office in the Service in accordance with section 50, 50A, 53 or 53A of the Act by virtue of sub-section 87M (1) of the Act, between the time of the transfer or promotion and the commencement by him to perform the duties of that office, for the purposes of that person taking up the office to which he has been promoted or transferred, as if that person- (a) were an officer; and (b) were the holder of an office in the Division in which he was included immediately before he ceased, or last ceased, to be an officer, being an office- (i) subject to sub-paragraph (ii)-the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or (ii) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer-having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer. 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - SCHEDULE 1 SCHEDULE 1 Regulation 169 BODIES CORPORATE DECLARED TO BE COMMONWEALTH AUTHORITIES FOR THE PURPOSES OF PART IV OF THE ACT ------------------------------------------------------------------------------ -- Column 1 Column 2 Item Body corporate ------------------------------------------------------------------------------ -- 1 Aboriginal Arts and Crafts Pty. Limited (incorporated under the Companies Ordinance 1962 of the Australian Capital Territory) 2 Aboriginal Hostels Limited (incorporated under the Companies Ordinance 1962 of the Australian Capital Territory) 3 Applied Ecology Pty. Limited (incorporated under the Companies Ordinance 1962 of the Australian Capital Territory) 4 Australian Institute of Sport (incorporated under the Companies Ordinance 1962 of the Australian Capital Territory) 5 Commonwealth Accommodation and Catering Services Limited (incorporated under the Companies Act 1961 of the State of Victoria) 6 Interscan Australia Pty. Ltd. (incorporated under the Companies Ordinance 1962 of the Australian Capital Territory) 7 Law Courts Limited (incorporated under the Companies Act, 1961, of the State of New South Wales) 8 Aboriginal Corporation of the National Aboriginal Conference (incorporated under the Aboriginal Councils and Associations Act 1976) 9 National Aboriginal Sports Foundation Aboriginal Corporation (incorporated under the Aboriginal Councils and Associations Act 1976) 10 Qantas Airways Limited (incorporated under "The Companies Act of 1931" of the State of Queensland) ------------------------------------------------------------------------------ -- 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - SCHEDULE 2 SCHEDULE 2 Regulation 170 OFFICES AND APPOINTMENTS DECLARED TO BE COMMONWEALTH OFFICES FOR THE PURPOSES OF PART IV OF THE ACT ------------------------------------------------------------------------------ -- Column 1 Column 2 Item Office or appointment ------------------------------------------------------------------------------ -- 1 Full-time appointment as Chairman or Director of Aboriginal Hostels Limited (incorporated under the Companies Ordinance 1962 of the Australian Capital Territory) 2 Office of Chairman or Director of the Commonwealth Accommodation and Catering Services Limited (incorporated under the Companies Act 1961 of the State of Victoria) 3 Appointment as Chairman of the Education Research and Development Committee 4 Full-time appointment as member of the Aboriginal Corporation of the National Aboriginal Conference (incorporated under the Aboriginal Councils and Associations Act 1976) 5 Office of Chairman of Qantas Airways Limited (incorporated under "The Companies Act of 1931" of the State of Queensland) ------------------------------------------------------------------------------ -- 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - SCHEDULE 3 SCHEDULE 3 Regulation 171 OFFICES AND APPOINTMENTS DECLARED NOT TO BE COMMONWEALTH OFFICES FOR THE PURPOSES OF PART IV OF THE ACT ------------------------------------------------------------------------------ -- Column 1 Column 2 Item Office or appointment ------------------------------------------------------------------------------ -- 1 Office of President of the Administrative Appeals Tribunal established by section 5 of the Administrative Appeals Tribunal Act 1975 2 Appointment as Deputy President under section 5 of the Administrative Appeals Tribunal Act 1975 3 Appointment as Commissioner under section 6 of the Conciliation and Arbitration Act 1904 ------------------------------------------------------------------------------ -- 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - SCHEDULE 4 SCHEDULE 4 Regulation 172 OFFICES AND APPOINTMENTS PRESCRIBED FOR THE PURPOSES OF PARAGRAPH 87 (2) (m) OF THE ACT ------------------------------------------------------------------------------ -- Column 1 Column 2 Item Office or appointment ------------------------------------------------------------------------------ -- 1 Office of President of the Administrative Appeals Tribunal established by section 5 of the Administrative Appeals Tribunal Act 1975 2 Appointment as Deputy President under section 5 of the Administrative Appeals Tribunal Act 1975 3 Office of Principal of the Australian Maritime College established by the Maritime College Act 1976 and continued in existence by the Maritime College Act 1978 4 Appointment as Commissioner under section 6 of the Conciliation and Arbitration Act 1904 5 Appointment as officer or fireman under sub-section 20 (1) of the Fire Brigade (Administration) Ordinance 1974 of the Australian Capital Territory 6 Office of Director of Studies established by sub-section 33 (1) of the Trade Union Training Authority Act 1975 ". ------------------------------------------------------------------------------ -- 1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 20 Transitional 20. Where before the commencement of these Regulations leave of absence was granted for a purpose to an officer under section 71A or 72 of the Public Service Act 1922 as in force before the commencement of these Regulations for a period commencing on or after, or extending after, the commencement of these Regulations, that leave of absence shall, for the purposes of the application of regulations 51 and 52 of the Public Service Regulations as amended by these Regulations, be deemed to have been granted for that purpose under section 71 of the Public Service Act 1922 as in force after the commencement of these Regulations. - NOTES 1981 No. 35*1* PUBLIC SERVICE REGULATIONS*2* (AMENDMENTS) *1* Notified in the Commonwealth of Australia Gazette on 13 March 1981. *2* Statutory Rules 1935, No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 9 and see also Statutory Rules 1981 Nos. 9 and 34.