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Commonwealth Employees' Furlough Act 1943

Act No. 19 of 1943 as amended, taking into account amendments up to Act No. 210, 1973
Registered 24 Nov 2009
Start Date 01 Jan 1973
End Date 20 Dec 1976
Date of repeal 20 Dec 1976
Repealed by Long Service Leave (Commonwealth Employees) Act 1976

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943 [Note: This Act is "repealed" by Act No. 192 of 1976]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - TABLE OF PROVISIONS

TABLE



COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
3A. Meaning of authority of a State
3B. Regulations with respect to previous service with prescribed
authorities, institutions and bodies
3C. Regulations with respect to salary
4. Amendment of Public Service Act
4A. Delegation by Public Service Board
5. Application of Act
6. Period of service
6A. Award, &c., in relation to long service leave for seamen
7. Grant of furlough to temporary employees
8. Grant of extended leave or pay in lieu to Commonwealth employees not
entitled to furlough
9-10. (Repealed)
11. Regulations

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 1.
Short title.

SECT


COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973
An Act to make provision for the granting of long-service leave to Commonwealth Employees.
Short title and citation.
Short title amended; No. 32, 1918, s. 2.
1. (1) This Act may be cited as the Commonwealth Employees' Furlough Act 1943-1973.*

(2) The Commonwealth Public Service Act 1922-1941, as amended by this Act, may be cited as the Commonwealth Public Service Act 1922-1943.*

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 3.
Interpretation.

SECT

Sub-section (1) amended by No. 33, 1944, s. 3; No. 29, 1953, s. 3; and No. 114, 1967, s. 3.
3. (1) In this Act, unless the contrary intention appears-

''approving authority'' means-

(a) in relation to a person who is, or was at the time of his ceasing to be a Commonwealth employee whether by reason of death or otherwise, employed in the Department of the Senate-the President of the Senate;

(b) in relation to a person who is, or was at the time of his ceasing to be a Commonwealth employee whether by reason of death or otherwise, employed in the Department of the House of Representatives-the Speaker of the House of Representatives;

(c) in relation to a person who is, or was at the time of his ceasing to be a Commonwealth employee whether by reason of death or otherwise, employed in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department-the President and the Speaker; or

(d) in relation to any other person-the Public Service Board;

''Commonwealth employee'' means any person to whom this Act is expressed by section five to apply;

''retrenchment'', in relation to a Commonwealth employee, means the compulsory termination of the service of the Commonwealth employee for the reason that-

(a) his service or position is not necessary;

(b) the work for which he was engaged is finished; or

(c) a reduction in the number of any Commonwealth employees is necessary because the quantity of work has diminished.
Added by No. 114, 1967, s. 3.

(2) A reference in this Act to any Territory of the Commonwealth or to a Territory of the Commonwealth shall be read as including a reference to the Territory of Nauru.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 3A.
Meaning of authority of a State.

SECT

Inserted by No. 114, 1967, s. 4.
3A. Subject to the regulations made in accordance with the next succeeding section, a reference in this Act to an authority of a State shall be read as a reference to a public authority, not being a local governing body, constituted under the law of a State for the purpose of discharging, subject to the direction or control of a Minister of State for the State, functions within the province of the Government of the State.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 3B.
Regulations with respect to previous service with prescribed authorities,
institutions and bodies.

SECT

Inserted by No. 114, 1967, s. 4.
3B. (1) The regulations may provide that a person, authority, institution or body (including a company), whether incorporated or not, that is referred to in the regulations shall, for the purposes of this Act, be deemed to be, or to have been, an authority of a State.

(2) The regulations may provide that previous employment of a Commonwealth employee in the service of a person, authority, institution or body (including a company), whether incorporated or not, that is referred to in the regulations shall be taken into account for the purposes of section six of this Act as if it had been employment in the service of an authority of the Commonwealth.

(3) Regulations made in accordance with this section-

(a) may refer to a specified person, authority, institution or body or to persons, authorities, institutions or bodies included in a specified class of persons, authorities, institutions or bodies;

(b) may be expressed to have effect in respect only of employment in specified cases or circumstances; and

(c) may be expressed to have effect in respect only of employment on or after a particular date, before a particular date or during a particular period.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 3C.
Regulations with respect to salary.

SECT

Inserted by No. 114, 1967, s. 4.
3C. (1) The regulations may provide that allowances of specified kinds are to be included in salary for the purposes of this Act or of a provision of this Act.

(2) The regulations may prescribe the conditions subject to which, or specify the extent to which, payments in accordance with this Act, or in accordance with a provision of this Act, are to include amounts by way of, or in respect of, an allowance of a kind specified in the regulations referred to in the last preceding sub-section, including conditions having effect after the time at which leave of absence commences.

(3) In the case of a Commonwealth employee who receives, or of Commonwealth employees included in a class of employees who receive, salary otherwise than by way of uniform amounts in respect of uniform periods, the regulations may provide that an amount ascertained in the manner provided by the regulations is to be the annual salary, for the purposes of this Act, of the employee or of the employees included in the class of employees.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 4.

SECT

4.* * * * * * * * *

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 4A.
Delegation by Public Service Board.

SECT

Inserted by No. 114, 1967, s. 5.
4A. (1) The Public Service Board may, by instrument in writing, delegate to-

(a) a member of the Board;

(b) an officer of the Public Service of the Commonwealth; or

(c) an authority of the Commonwealth, a member of such an authority or a person employed by such an authority,
either generally or to the extent provided in the instrument of delegation, all or any of the powers and functions of the Board under this Act, except this power of delegation.

(2) A delegation to an authority of the Commonwealth, to a member of such an authority or to a person employed by such an authority applies only in relation to a person who is employed by that authority or was so employed immediately before the time of his death or of his ceasing to be a Commonwealth employee.

(3) A delegation under this section is revocable in writing at will and does not prevent the exercise of a power or function by the Board.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 5.
Application of Act.

SECT

Amended by No. 33, 1944, s. 4; and No. 10, 1959, s. 3.
5. The provisions of this Act, other than the amendments effected by section four, shall apply to and in relation to-

(a) every person employed by the Commonwealth or by an authority of the Commonwealth, other than-

(i) a Justice of the High Court of Australia or a Judge of any other court created by the Parliament;

(ii) a person who is an officer for the purposes of section seventy-three or seventy-four of the Commonwealth Public Service Act 1922-1943*; or

(iii) a person employed in the Naval, Military or Air Forces only,
but shall not apply to or in relation to-

(b) any person employed as a part-time employee;

(c) any person employed in an honorary capacity only;

(d) any person remunerated by fees, allowances or commission only;

(e) any person, employed by the Commonwealth or by an authority of the Commonwealth at the date of the commencement of this paragraph, to whom or in relation to whom the provisions of any Act, or any rules, regulations or by-laws under any Act, in force at that date, providing for the granting of long-service leave, are applicable;

(f) any person who is temporarily transferred to the Commonwealth or an authority of the Commonwealth from the service of a State or an authority of a State, or whose services are temporarily loaned to the Commonwealth or an authority of the Commonwealth by a State or an authority of a State, whether the transfer or the loan is in accordance with law or in pursuance of any arrangement made between the Commonwealth or a Commonwealth authority and the State or an authority of the State; or

(g) any person holding office or employed under the Reserve Bank Act 1959 or the Commonwealth Banks Act 1959.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 6.
Period of service.

SECT

6. (1) Subject to this section, the period of service of a Commonwealth employee shall be the period during which he has been employed continuously by the Commonwealth (including an authority of the Commonwealth), and, where that employment is continuous with employment in-

(a) any service of a State;

(b) any service of an authority of a State; or

(c) the Public Service of any Territory of the Commonwealth,
shall include that last-mentioned employment.
Substituted by No. 33, 1944, s. 5.

(2) Where a Commonwealth employee has been employed continuously-

(a) in two or more of the services specified in paragraphs (a), (b) and (c) of the last preceding sub-section; or

(b) in one or more of those services and, prior to his current period of employment, by the Commonwealth (including an authority of the Commonwealth),
and the periods for which he was so employed are continuous with one another and with his current period of employment, the sum of those periods of employment shall, subject to this section, be included in his period of service for the purposes of this Act.
Amended by No. 33, 1944, s. 5; and No. 114, 1967, s. 6.

(3) The period of service of a Commonwealth employee shall not include-

(a) any employment as a part-time employee;

(b) any employment in an honorary capacity only; or

(c) any employment remunerated by fees, allowances or commission only.
Substituted by No. 33, 1944, s. 5; amended by No. 210, 1973, s. 3.

(4) The continuity of the service of a Commonwealth employee shall not be deemed to be, or to have been, broken by any periods of absence, if-

(a) any period of absence does not exceed, or has not exceeded, twelve months in a continuous period; and

(b) the periods of absence do not exceed in the aggregate one-seventh of the total number of working days and holidays occurring after the commencement of the first period of his employment which may be included in the period of his service under sub-section (1) or sub-section (2) of this section,
but the period of any absences shall, for the purposes of this Act, be deducted from the employee's period of service.
Inserted by No. 114, 1967, s. 6; amended by No. 210, 1973, s. 3.

(4A) Where a Commonwealth employee, having ceased, at any time before or after the commencement of this sub-section, to be a Commonwealth employee, resumed or resumes employment as a Commonwealth employee, the continuity of his service shall not be deemed to have been broken if the approving authority is satisfied that-

(a) his ceasing to be a Commonwealth employee was due to ill-health; and

(b) his resumption of employment as a Commonwealth employee occurred within twelve months after he became sufficiently restored to health to engage in such employment,
but the period during which he was not a Commonwealth employee shall not be included in his period of service for the purposes of this Act.
Amended by No. 33, 1944, s. 5; and No. 114, 1967, s. 6.

(5) For the purposes of this section, a person shall not be deemed to break, or to have broken, the continuity of his service or to be, or to have been, absent by reason of his being-

(a) on leave of absence with pay or part pay; or

(b) on leave of absence without pay, where the leave of absence is granted-

(i) on account of illness; or

(ii) in respect of any period of specified defence service as defined by sub-section (1) of section seven of the Public Service Act 1922-1967 or for any of the purposes specified in section seventy-two of that Act.
Added by No. 114, 1967, s. 6.

(6) For the purposes of this section, a person shall not be deemed to break, or to have broken, the continuity of his service by reason of his being, or having been, on leave of absence without pay, where the leave of absence is or was granted for a purpose (other than a purpose specified in the last preceding sub-section) that is prescribed.
Added by No. 114, 1967, s. 6.

(7) Where leave of absence without pay is or has been granted to a Commonwealth employee for a purpose prescribed for the purposes of the last preceding sub-section, the period during which he is or was absent on that leave does not form part of his period of service for the purposes of this Act unless the person by whom the leave is or was granted, or the approving authority, otherwise determines or otherwise determined, at the time of the grant of that leave or at a subsequent time.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 6A.
Award, &c., in relation to long service leave for seamen.

SECT

Inserted by No. 26, 1968, s. 3.
6A. (1) This Act shall not be deemed to prevent the making of an award (including an award having effect from a date before the commencement of this section) or an order, or the certification of an agreement, under the Conciliation and Arbitration Act 1904-1967 in relation to long service leave for seamen included in a prescribed class of seamen, or to affect the operation of such an award, order or agreement, and sub-section (2) of section forty-one A of that Act, or that sub-section in its application in accordance with section seventy-four of that Act, does not apply in relation to any such award.

(2) Where a Commonwealth employee has, in accordance with an award or an agreement referred to in the last preceding sub-section, been granted long service leave, or been paid in lieu of long service leave, in respect of a period of service, no part of that period of service shall be included in the period of service of the Commonwealth employee for the purposes of this Act.

(3) In this section, ''seaman'' has the same meaning as in Division 2 of Part III of the Conciliation and Arbitration Act 1904-1967.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 7.
Grant of furlough to temporary employees.

SECT

Sub-section (1) substituted by No. 78, 1951, s. 3; amended by No. 29, 1953, s. 4; and No. 210, 1973, s. 4.
7. (1) Where the period of service of a Commonwealth employee is at least ten years, the approving authority may grant to him leave of absence for a period not exceeding three-tenths of one month on full salary, or three-fifths of one month on half salary, in respect of each completed year of his period of service.
Inserted by No. 78, 1951, s. 3.

(1A) A person shall not be granted leave of absence under this section for a period exceeding twelve months at any one time.
Amended by No. 78, 1951, s. 3; No. 29, 1953, s. 4; No. 114, 1967, s. 7; and No. 210, 1973, s. 4.

(2) Where a Commonwealth employee whose period of service is at least ten years ceases to be a Commonwealth employee, the approving authority may authorize payment to him of a sum equivalent to his salary for a period not exceeding the period, or the sum of the periods, of leave on full salary that could have been granted to the employee under sub-section (1) of this section if he had not ceased to be an employee.

(3) Upon the death of any Commonwealth employee who at the date of his death was eligible under this section for the grant of leave of absence or, if the approving authority, after consideration of all the circumstances, directs that the death of a Commonwealth employee so eligible be presumed, the approving authority may authorize payment to the dependants of the employee of a sum equivalent to the amount of salary which would, under this section, have been granted to the employee had he ceased to be a Commonwealth employee on the date of his death or, in any case where the approving authority has directed that the death of the employee be presumed, a date determined by the approving authority.

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 8.
Grant of extended leave or pay in lieu to Commonwealth employees not entitled
to furlough.

SECT

Sub-section (1) substituted by No. 29, 1953, s. 5; amended by No. 114, 1967, s. 8; No. 58, 1968, s. 3; and No. 210, 1973, s. 5.
8. (1) The approving authority may grant to a Commonwealth employee whose period of service is not less than four years but is less than ten years, immediately prior to-

(a) his ceasing to be a Commonwealth employee on, or subsequent to, his attaining the age of sixty years or, where under the terms or conditions of his employment he may be retired by reason only of his having attained an age less than sixty years, on or subsequent to his attaining that lesser age; or

(b) his retrenchment,
leave of absence on full salary as follows:-

(c) where the period of service of the Commonwealth employee is less than eight years-two months; or

(d) where the period of service of the Commonwealth employee is not less than eight years but is less than ten years-three months.
Amended by No. 114, 1967, s. 8; and No. 210, 1973, s. 5.

(2) In lieu of leave in accordance with the last preceding sub-section, the approving authority may authorize payment to a Commonwealth employee eligible for leave in pursuance of that sub-section, upon his ceasing to be a Commonwealth employee, of a sum not exceeding his salary for a period equal to the period of leave that could have been granted to the employee under that sub-section.
Substituted by No. 114, 1967, s. 8; amended by No. 210, 1973, s. 5.

(3) Where a person ceases to be a Commonwealth employee after a period of service of not less than four years but less than ten years and the approving authority is satisfied that his ceasing to be a Commonwealth employee is due to ill-health that is permanent, the approving authority may authorize payment to the person of a sum not exceeding his salary for a period equal to-

(a) where the period of service of the Commonwealth employee is less than eight years-two months; or

(b) where the period of service of the Commonwealth employee is not less than eight years but is less than ten years-three months.
Sub-section (4) omitted by No. 210, 1973, s. 5.
* * * * * * * *
Added by No. 114, 1967, s. 8; amended by No. 210, 1973, s. 5.

(5) Where a Commonwealth employee whose period of service is not less than four years but is less than ten years dies, the approving authority may authorize payment to the dependants of the Commonwealth employee of a sum not exceeding the sum that could have been paid to the Commonwealth employee if, on the date on which he died, he had ceased to be a Commonwealth employee due to ill-health that was permanent.
Added by No. 114, 1967, s. 8.

(6) The approving authority may, after consideration of all the circumstances, direct that, for the purposes of the last preceding sub- section, the death of a Commonwealth employee be presumed to have occurred on a particular date.
Section 9 repealed by No. 12, 1958, s. 3; section 9A repealed by No. 114, 1967, s. 9; section 10 repealed by No. 210, 1973, s. 6.
* * * * * * * *

COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - SECT. 11.
Regulations.

SECT

11. The Governor-General may make regulations, not inconsistent with this Act, 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 this Act.
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COMMONWEALTH EMPLOYEES' FURLOUGH ACT 1943-1973 - NOTES


NOTES
1. The Commonwealth Employees' Furlough Act 1943-1973 comprises the Commonwealth Employees' Furlough Act 1943 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Commonwealth Employees'
Furlough Act 1943 No. 19, 1943 29 Mar 1943 29 Mar 1943
Commonwealth Employees'
Furlough Act 1944 No. 33, 1944 6 Oct 1944 Ss. 4 and 7: Royal
Assent
Remainder: 29 Mar
1943
Commonwealth Employees'
Furlough Act 1951 No. 78, 1951 11 Dec 1951 1 Jan 1951
Commonwealth Employees'
Furlough Act 1953 No. 29, 1953 15 Apr 1953 1 July 1952
Commonwealth Employees'
Furlough Act 1958 No. 12, 1958 14 May 1958 30 Apr 1958
Commonwealth Employees'
Furlough Act 1959 No. 10, 1959 23 Apr 1959 14 Jan 1960 (a)
Commonwealth Employees'
Furlough Act 1967 No. 114, 1967 17 Nov 1967 (b)
Commonwealth Employees'
Furlough Act 1968 No. 26, 1968 7 June 1968 7 June 1968
Commonwealth Employees'
Furlough Act (No. 2) 1968 No. 58, 1968 25 June 1968 25 June 1968
Commonwealth Employees'
Furlough Act 1973 No. 210, 1973 19 Dec 1973 1 Jan 1973
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(a) Section 2 of the Commonwealth Employees' Furlough Act 1959 provided that that Act was to come into operation on the day on which the Reserve Bank Act 1959 came into operation. The Reserve Bank Act 1959 was proclaimed to come into operation on 14 January 1960 (see Gazette 1960, p. 47).

(b) Section 2 of the Commonwealth Employees' Furlough Act 1967 provides as follows:

''2. (1) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

''(2) The amendments made by paragraph (a) of the next succeeding section and by section 5 of this Act shall come into operation on a date to be fixed by Proclamation.''

The date of the Royal Assent was 17 November 1967. The date fixed by Proclamation was 16 May 1968 (see Gazette 1968, p. 2655).
2.-Ss. 1 (2), 5-Now cited as the Public Service Act 1922-1973.
3.-S. 4-The amendments made by section 4 have been incorporated in the print of the Public Service Act 1922-1973.