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SR 1973 No 237 Regulations as amended, taking into account amendments up to SR 1977 No. 70
Administered by: Foreign Affairs and Trade
Start Date 01 Jul 1976
End Date 19 Mar 2014
Date of repeal 19 Mar 2014
Repealed by Foreign Affairs and Trade (Spent and Redundant Instruments) Repeal Regulation 2014

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS



Compilation Information

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Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations

Statutory Rules 1973 No. 237 as amended
made under the
Papua New Guinea (Staffing Assistance) Act 1973
This compilation was prepared on 28 July 2004
taking into account amendments up to SR 1977 No. 70
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Part I Preliminary

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 1
Citation [see Note 1]

These Regulations may be cited as the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 2
Commencement [see Note 1]

These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Papua New Guinea (Staffing Assistance) Act 1973.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 4
Interpretation

(1)
In these Regulations, unless the contrary intention appears:

alternative employment means permanent employment in the Australian Public Service or a Public Service of a State, in the Commonwealth Police Force or a Police Force of a State or Territory or in an authority or instrumentality of Australia or a State or Territory, with eligibility for superannuation, pension or retirement benefits.

Chief Officer means the person for the time being holding, or performing the duties of, the office of First Assistant Secretary, Training, Services and Organisations Division, Department of Foreign Affairs.

Part II of the Act means Part II of the Act as in force at any time before 1 July 1976.

prescribed contract of employment, in relation to a person, means the first contract of employment entered into by him with the Government of Papua New Guinea, being the contract in pursuance of which he commenced service as an employee of that Government immediately after he ceased to be employed under Part II of the Act.

repealed Regulations means the Regulations repealed by regulation 5.

the Act means the Papua New Guinea (Staffing Assistance) Act 1973.

(2) In these Regulations, unless the contrary intention appears, words or expressions defined for the purposes of Part III of the Act as in force at any time before 1 July 1976 or for the purposes of a section in that Part shall have the same respective meanings as they have in that Part or that section, as the case may be.

(3)
In the application of these Regulations on and after 1 July 1976, a reference to an eligible person shall be read as a reference to a person who was, on that date, an eligible person within the meaning of section 25 of the Papua New Guinea (Staffing Assistance) Termination Act 1976.


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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Part II Repeal of the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 5
Repeal

Statutory Rules 1973, No. 238 and Statutory Rules 1975, No. 91 are repealed.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 6
Transitional

(1)
Notwithstanding the repeal effected by regulation 5, the provisions of the repealed Regulations continue to apply, on and after 1 July 1976, in relation to persons who were, on or before 30 June 1976, employees within the meaning of the repealed Regulations for the purposes of, and to the extent necessary for, determining, in respect of each of those persons, his rights, privileges, obligations and liabilities under the Act and the repealed Regulations as at:

(a)
30 June 1976; or

(b)
if that person ceased to be such an employee before 30 June 1976 — the date on which he so ceased;

as the case may be.

(2)
In the continued application of the repealed Regulations on and after 1 July 1976 by virtue of subregulation (1), a reference in those Regulations to the Chief Officer shall be read as a reference to the person referred to in the definition of Chief Officer in regulation 4.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 7
Powers of Chief Officer

The Chief Officer may:

(a)
in relation to any period before 1 July 1976; or

(b)
for the purposes of the continued application of the repealed Regulations on and after 1 July 1976 by virtue of subregulation 6 (1);

exercise, in relation to a person who was at any time employed under Part II of the Act, any power conferred by those Regulations on the person referred to in regulation 5 of those Regulations.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 8
Delegation by Chief Officer

(1)
The Chief Officer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Australian Public Service holding, or for the time being performing the duties of, an office in the Department of Foreign Affairs any of his powers under regulation 7.

(2)
A power so delegated, when exercised by the delegate, shall, for the purposes of the Act and these Regulations, be deemed to have been exercised by the Chief Officer.

(3)
A delegation under this regulation does not prevent the exercise of a power by the Chief Officer.


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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 9
Saving of existing delegations

For the purposes of these Regulations, a delegation given under subregulation 6 (1) of the repealed Regulations and in force on 30 June 1976 shall be deemed to have continued in force after that date, and shall continue in force, as if it had been given by the Chief Officer under regulation 8 and, for the purposes of the Act and these Regulations, that delegation shall be deemed to have been given by the Chief Officer under regulation 8.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Part IV Benefits

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Division 1 Preliminary

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 16
Interpretation

In this Part, unless the contrary intention appears:

continuing contributor has the same meaning as in the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations.

former employee means an eligible person whose employment under Part II of the Act:

(a)
was terminated in pursuance of an election made under paragraph 13 (1) (b) of the Act as in force at any time before 1 July 1976;

(b)
was terminated under section 14 of the Act as so in force; or

(c)
is, by virtue of section 25 of the Papua New Guinea (Staffing Assistance) Termination Act 1976, to be deemed to have been terminated immediately before that date in pursuance of an election referred to in paragraph (a).

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 17
Recalculation of compensation on taking up alternative
employment

(1)
Where an eligible person who is entitled to compensation under regulation 16 of these Regulations as in force on 30 June 1976 engages in alternative employment on or after the date of termination of his employment and during the period in respect of which payments of instalments or balance of compensation are to be made under regulation 22 or instalments of compensation are to be made under regulation 26, the amount of compensation to which he is entitled shall be recalculated in accordance with this regulation.

(1A)
Where the annual remuneration of the eligible person from the alternative employment is equal to or greater than the salary received by him immediately before the date of termination of his employment, no compensation is payable.

(2)
Where the annual remuneration of the eligible person from the alternative employment is less than the salary received by the eligible person immediately before the date of termination of his employment, the amount of compensation payable shall be recalculated by multiplying an amount equal to the difference between that remuneration and that salary by the factor appropriate to his age at his last birthday before that date, and set out:

(a)
in the case of a male eligible person — in Schedule 7; or

(b)
in the case of a female eligible person — in Schedule 8.

(3)
If the amount of compensation so recalculated exceeds the amount of compensation to which the eligible person would have been entitled had he not engaged in alternative employment, the amount of compensation to which he is entitled is an amount equal to the amount of compensation to which he would have been entitled had he not engaged in alternative employment.

(4)
For the purposes of this regulation, annual remuneration means:

(a)
if the Minister has determined in a particular case that a specified part of the annual remuneration attaching to the alternative employment represents the same factors as constitute salary — that specified part of the annual remuneration attaching to the alternative employment as so determined; or

(b)
where such a determination has not been made — the annual remuneration attaching to the alternative employment.


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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Division 2 Benefits for certain eligible persons who enter into prescribed contracts of employment

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 18
Entitlement to benefits

Notwithstanding anything contained in these Regulations, where a former employee has entered into a prescribed contract of employment, the provisions of these Regulations relating to benefits shall, in relation to that person, have effect subject to this Part.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 19
Payment in lieu of recreation leave

Where a former employee has entered into a prescribed contract of employment, any entitlement to recreation leave that would, but for this regulation, have been credited to him in pursuance of regulation 19 of these Regulations as in force on the date on which his employment under Part II of the Act was terminated or is, by virtue of section 25 of the Papua New Guinea (Staffing Assistance) Termination Act 1976, to be deemed to have been terminated, as the case may be, shall be reduced by the amount of recreation leave (if any) that is credited to him as an employee of the Government of Papua New Guinea under the terms of that contract.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 20
Deferral of certain benefits

(1)
Where a former employee enters into a prescribed contract of employment and:

(a)
does not become a continuing contributor; or

(b)
becomes a continuing contributor but does not become entitled to a pension payable under the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations;

benefits consisting of payments by way of:

(c)
a resettlement grant under regulation 18 of these Regulations as in force on the date on which his employment under Part II of the Act was terminated or is, by virtue of section 25 of the Papua New Guinea (Staffing Assistance) Termination Act 1976, to be deemed to have been terminated, as the case may be; or

(d)
fares and removal expenses under regulation 20 of these Regulations as so in force;

that would, but for this regulation, have been payable to him in accordance with Parts IV and V of these Regulations as so in force shall be deferred and, subject to subregulation (2), he is entitled to those benefits on the date on which he ceases to be employed by the Government of Papua New Guinea.

(2)
The entitlement of a former employee by virtue of subregulation
(1)
to payment of benefits by way of fares and removal expenses shall be forfeited if he does not avail himself of that entitlement within 3 months after the date on which he ceases to be employed by the Government of Papua New Guinea.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 21
Loss of certain benefits if pension gained

Where a former employee who has entered into a prescribed contract of employment becomes entitled to a pension payable under the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, he is not entitled to:

(a)
compensation under regulation 16 of these Regulations as in force on the date on which his employment under Part II of the Act was terminated or is, by virtue of section 25 of the Papua New Guinea (Staffing Assistance) Termination Act 1976, to be deemed to have been terminated, as the case may be; or

(b)
the benefits referred to in regulation 20.


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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 22
Accelerated payment of compensation

(1)
Notwithstanding the provisions of Division 1 of Part V, where a former employee has entered into a prescribed contract of employment and completes a period of employment with the Government of Papua New Guinea of 1 year or more, this regulation applies to him and the compensation to which he is entitled in pursuance of regulation 16 of these Regulations as in force on the date on which his employment under Part II of the Act was terminated or is, by virtue of section 25 of the Papua New Guinea (Staffing Assistance) Termination Act 1976, to be deemed to have been terminated, as the case may be, shall be paid in accordance with this regulation.

(2)
Subject to subregulation (3), payment of the balance of the compensation payable to a former employee to whom this regulation applies after the second instalment became due and payable in accordance with regulation 26 shall be made in 3 equal instalments, each plus interest calculated in accordance with regulation 27, the first of those instalments to be due and payable 12 months after that second instalment became due and payable and each of the subsequent instalments to be due and payable 12 months after the previous instalment became due and payable.

(3)
If a former employee to whom this regulation applies has completed a period of employment with the Government of Papua New Guinea of 2 years or more, the balance of the compensation payable to him after the third instalment became due and payable in accordance with subregulation (2), plus interest calculated in accordance with regulation 27, shall be due and payable 6 months after that third instalment became due and payable.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Division 3 Benefits for certain persons, other than eligible persons, who enter into prescribed contracts of employment

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 23
Payment for long leave

Where a person:

(a)
who was not an eligible person; and

(b)
whose employment under Part II of the Act was not terminated under section 14 of the Act as in force at any time before 1 July 1976;

has entered into a prescribed contract of employment, he is entitled to be paid an amount equal to the salary that would have been payable to him in respect of the period of long leave that he would have been entitled to be granted under regulation 62 of the repealed Regulations on the date on which he ceased to be employed under that Part if:

(c)
that period of long leave had been so granted; and

(d)
the period during which he had been employed under Part II of the Act were increased by a period equal to the term of that contract.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 24
Payment for furlough

(1)
In the application of subregulation 64 (2) of the repealed Regulations in relation to a person:

(a)
who was not an eligible person;

(b)
whose employment under Part II of the Act was not terminated under section 14 of the Act as in force at any time before 1 July 1976; and

(c)
who has entered into a prescribed contract of employment;

for the purpose of ascertaining whether he would have been, on the date on which he ceased to be employed under that Part, eligible for furlough in accordance with regulation 64 of the repealed Regulations:

(d)
the period during which he was employed under Part II of the Act shall be deemed to have been increased by a period equal to the term of that contract; and

(e)
the reference in subregulation 64 (1) of the repealed Regulations to 10 years' service shall be read as a reference to 4 years' service.


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(2)
Where a person receives, or is entitled to receive, an amount in pursuance of subregulation 65 (3) of the repealed Regulations, he is not entitled to be paid an amount that he would, but for this subregulation, be entitled to under subregulation 64 (2) of the repealed Regulations by virtue of the operation of subregulation (1).

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 25
Payment in lieu of recreation leave

Where a person:

(a)
who was not an eligible person; and

(b)
whose employment under Part II of the Act was not terminated under section 14 of the Act as in force at any time before 1 July 1976;

has entered into a prescribed contract of employment, any entitlement to recreation leave that would, but for this regulation, have been credited to him in pursuance of regulation 67 of the repealed Regulations shall be reduced by the amount of recreation leave (if any) that is credited to him as an employee of the Government of Papua New Guinea under the terms of that contract.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 25A
Deferral of certain entitlements

(1)
Where a person:

(a)
who was not an eligible person; and

(b)
whose employment under Part II of the Act was not terminated under section 14 of the Act as in force at any time before 1 July 1976;

has entered into a prescribed contract of employment, any entitlement to benefits by way of fares and removal expenses that he would, but for this regulation, have in accordance with regulations 92 and 93 of the repealed Regulations shall be deferred and, subject to subregulation (2), he is entitled to those benefits on the date on which he ceases to be employed by the Government of Papua New Guinea.

(2)
The entitlement of a person by virtue of subregulation (1) shall be forfeited if he does not avail himself of that entitlement within 3 months after the date on which he ceases to be employed by the Government of Papua New Guinea.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Division 4 Benefits for former contract officers

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 25B
Interpretation

In this Division:

former contract, in relation to a person who was, immediately before the date on which he ceased to be employed under Part II of the Act, a contract officer within the meaning of the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force at any time before 1 July 1976, means the contract within the meaning of those Regulations as so in force or the contract under section 8 of the Public Service Ordinance in pursuance of which he was employed under Part II of the Act.

original retention date, in relation to a person to whom regulation 25C or 25D applies, means the latest date (not being later than 31 December 1976) to which he was, on or before 30 June 1975, by writing under the hand of the Chief Minister of Papua New Guinea, invited to continue service in Papua New Guinea.

revised retention date, in relation to a person to whom regulation 25C or 25D applies, means the date to which he was, after 30 June 1975, by writing under the hands of the Chief Minister of Papua New Guinea and

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the Chairman of the Public Service Board of Papua New Guinea as existing before 16 September 1975, offered continued employment in Papua New Guinea.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 25C
Benefits where prescribed contracts taken

(1)
This regulation applies to a person who:

(a)
was, immediately before the date on which he ceased to be employed under Part II of the Act, a contract officer within the meaning of the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force at any time before 1 July 1976; and

(b)
has entered into a prescribed contract of employment.

(2)
Where the term of the former contract of a person to whom this regulation applies would have expired after 31 December 1976, he is entitled to be paid an amount equal to 10 per cent of the amount that would have been payable to him as salary under that contract in respect of each complete month in the period commencing on the date immediately following his revised retention date and ending on the date on which the term of that contract would have expired.

(3)
Where a person to whom this regulation applies was, on the date on which he ceased to be employed under Part II of the Act, contributing to the Benefits Fund, he is, subject to this regulation, entitled to be paid an amount (if any) equal to an amount calculated in accordance with the Schedule to the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force on that date less the amount that he has been paid or is entitled to be paid in pursuance of regulation 3 of Statutory Rules 1977, No. 64.

(4)
For the purpose of calculating the amount second referred to in subregulation (3) in relation to a person to whom this regulation applies, his period of service within the meaning of the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force on the date on which he ceased to be employed under Part II of the Act shall be deemed to have been increased by a period equal to any period of employment by that person under a prescribed contract of employment, other than a period:

(a)
after the date on which his former contract would have expired; or

(b)
during which he was on leave without pay that was not reckoned as service for the purpose of that prescribed contract of employment.

(5)
For the purposes of subregulation (4), where:

(a)
the term of the former contract of a person to whom this regulation applies would have expired before 1 January 1977; and

(b)
the original retention date of that person was a date later than the date on which that former contract would have expired;

that former contract shall be deemed to be a contract the term of which would have expired on that original retention date.

(6)
Subject to subregulation (7), a person to whom this regulation applies is not entitled to be paid an amount by virtue of subregulation (3):

(a)
until:

(i)
the date on which his entitlement to the amount second referred to in subregulation (3) would have accrued if his employment under the prescribed contract of employment were employment under Part II of the Act; or
(ii)
30 June 1977;

whichever is the earlier; and

(b)
unless he is, on whichever of those dates is applicable, employed under a prescribed contract of employment.


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(7)
Where, before a person to whom this regulation applies has completed the term of the prescribed contract of employment entered into by him:

(a)
he dies; or

(b)
his employment in pursuance of that contract is terminated on the ground of his invalidity or his physical or mental incapacity to perform his duties (being invalidity or incapacity that is not due to his own wilful action);

this regulation applies in relation to him as if he had completed the term of that contract on the date immediately preceding the date on which he died or his employment in pursuance of that contract was so terminated, as the case may be.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 25D
Benefits where prescribed contracts not taken

(1)
This regulation applies to a person who was, on 30 June 1976:

(a)
a contract officer within the meaning of the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force on that date; or

(b)
employed under Part II of the Act having been engaged under subsection 6 (2) of the Act as in force at any time before 1 July 1976;

and who has not entered into a prescribed contract of employment.

(2)
Where:

(a)
a person to whom this regulation applies was, on 30 June 1976, a contributor within the meaning of the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force on that date; and

(b)
the term of his former contract would have expired after 31 December 1976;

he is entitled to be paid an amount (if any) equal to an amount calculated in accordance with the Schedule to those Regulations as so in force less the amount that he has been paid or is entitled to be paid in pursuance of regulation 3 of Statutory Rules 1977, No. 64.

(3)
For the purpose of calculating the amount second referred to in subregulation (2) in relation to a person to whom this regulation applies, the period commencing on 1 July 1976 and ending on the date on which the term of his former contract would have expired shall be deemed to have been a period of service within the meaning of the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations as in force on 30 June 1976.

(4)
A person to whom this regulation applies is, subject to and in accordance with the provisions of regulation 92 or 93 of the repealed Regulations as in force on 30 June 1976, entitled to benefits by way of fares and removal expenses under that regulation 92 or 93 as if he had, on that date, completed an agreed period of employment within the meaning of that regulation 92 or the full period of employment within the meaning of that regulation 93, as the case may be.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Part V Time and manner of payment

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Division 1 Eligible persons

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 26
Instalments of compensation

(1)
Subject to regulations 28, 29 and 30, payment of compensation calculated under regulation 16 shall be made in six equal instalments.


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(2)
The first instalment shall be due and payable on the date of termination of employment specified in the election by the eligible person under section 13 of the Act as in force at any time before 1 July 1976 or in the notice given to him under section 14 of the Act as so in force, as the case may be, and each subsequent instalment, plus interest calculated in accordance with regulation 27, shall be due and payable twelve months after the previous instalment became due and payable.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 27
Interest on unpaid compensation

The interest due and payable with an instalment or balance of compensation payable in accordance with regulation 22 or with each of the subsequent instalments referred to in subregulation 26 (2) (being an instalment or balance that becomes due and payable after the commencement of this regulation) is interest at the rate of 7.5 per cent per annum calculated on the amount of compensation outstanding immediately before that instalment or balance becomes due and payable.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 28
Where compensation less than $12,000

(1)
Where the amount of compensation to which an eligible person is entitled is less than Twelve thousand dollars, instalments are payable at the rate of Two thousand dollars each, plus interest calculated in accordance with regulation 27, until the balance of compensation due is less than Two thousand dollars.

(2)
When the balance of compensation due is less than Two thousand dollars, the full balance due, plus interest calculated in accordance with regulation 27 is payable at the date on which the next instalment is due.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 29
Balance of instalments in full on death or retiring age

Where an eligible person dies or reaches the age that is, in relation to him, the maximum age for retirement within the meaning of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations before receiving the full amount of compensation due, the balance outstanding at the date of death or on which that age is reached, plus interest calculated in accordance with regulation 27, shall be paid in one lump sum to his estate or to him, as the case may be.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 30
Payments on accepting alternative employment

(1)
Where the amount of compensation due has been recalculated in accordance with regulation 17, the amount so calculated shall be paid in full as soon as practicable.

(2)
The amount of any compensation which has already been paid by way of instalments shall be deducted from the amount paid under this regulation.

(3)
Where the amount of compensation received by instalments paid in accordance with regulation 22 or 26 equals or exceeds the amount of compensation to which an eligible person is entitled in accordance with regulation 17 no further payments shall be made and the person shall not be required to refund any excess of instalments paid.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Part VI Miscellaneous


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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
- REG 34
Advice of alternative employment

(1)
An eligible person who engages in alternative employment before any instalments or balance of compensation payable to him in accordance with regulation 22, or instalments of compensation payable to him in accordance with regulation 26, have been paid shall advise the Chief Officer in writing accordingly within 14 days after the acceptance of an offer of alternative employment.

(2)
An eligible person (not being an eligible person who has advised under subregulation (1)) who is entitled to receive instalments or balance of compensation in accordance with regulation 22, or instalments of compensation in accordance with regulation 26, shall, within 1 month before the date on which each instalment, or that balance, is due, make a statutory declaration to the effect, or otherwise satisfy the Chief Officer, that he has not engaged in alternative employment.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Schedule 7 Factors to be applied where male eligible person engages in alternative employment

(regulation 17)

Age
Factor
20
0.97
21
1.57
22
2.16
23
2.72
24
3.22
25
3.67
26
4.07
27
4.42
28
4.75
29
5.06
30
5.34
31
5.59
32
5.82
33
6.03
34
6.23
35
6.42
36
6.60
37
6.77
38
6.93
39
7.08
40
7.22
41
7.35
42
7.45
43
7.52
44
7.56
45
7.15
46
6.69
47
6.19
48
5.62
49
4.99
50
4.31
51
3.56
52
2.75
53
1.89
54
0.97

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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Schedule 8 Factors to be applied where female eligible person engages in alternative employment

(regulation 17)

Age
Factor
20
0.85
21
1.15
22
1.57
23
2.10
24
2.50
25
2.75
26
2.92
27
3.10
28
3.34
29
3.68
30
4.08
31
4.50
32
4.90
33
5.26
34
5.60
35
5.96
36
6.36
37
6.80
38
7.20
39
7.56
40
7.23
41
6.83
42
6.36
43
5.82
44
5.20
45
4.50
46
3.78
47
2.92
48
1.98
49
0.98


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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (TERMINATION OF EMPLOYMENT) REGULATIONS
Notes to the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations

Note 1

The Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations (in force under the Papua New Guinea (Staffing Assistance) Act 1973) as shown in this compilation comprise Statutory Rules 1973 No. 237 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 1 July 1976 is not included in this compilation. For subsequent information see Table A.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1973 No. 237
27 Nov 1973
1 Dec 1973 (see r. 2 and Gazette 1973, No. 178A, p. 1)

1974 No. 22
5 Mar 1974
5 Mar 1974

1975 No. 92
30 May 1975
30 May 1975
R. 4 (2)
1976 No. 9
22 Jan 1976
22 Jan 1976

1977 No. 70
7 June 1977
1 July 1976

Table

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of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
Part I

R. 3
rep. 1975 No. 92
R. 4
am. 1975 No. 92; 1977 No. 70
R. 4A
ad. 1975 No. 92

rep. 1977 No. 70
Part II

Part II
rs. 1977 No. 70
Rr. 5-7
rs. 1977 No. 70
R. 8
am. 1974 No. 22

rs. 1977 No. 70
R. 9
rs. 1977 No. 70
R. 12
am. 1976 No. 9
R. 15
am. 1974 No. 22

rep. 1977 No. 70
Part IV

Division 1

Heading to Div. 1 of
Part IV
ad. 1977 No. 70
Div. 1 of Part IV
rep. 1977 No. 70
R. 16
am. 1974 No. 22; 1975 No. 92

rs. 1977 No. 70
R. 17
am. 1975 No. 92; 1977 No. 70
Division 2

Heading to Div. 2 of
Part IV
rep. 1977 No. 70
Div. 2 of Part IV
ad. 1977 No. 70
Rr. 18, 19
am. 1975 No. 92

rs. 1977 No. 70
Rr. 20, 21
rs. 1977 No. 70
Div. 3 of Part IV
rep. 1977 No. 70
R. 22
rs. 1975 No. 92; 1977 No. 70
Division 3

Div. 3 of Part IV
ad. 1977 No. 70
Rr. 23, 24
rs. 1977 No. 70
R. 25
am. 1975 No. 92

rs. 1977 No. 70
R. 25A
ad. 1977 No. 70
Division 4

Div. 4 of Part IV
ad. 1977 No. 70
Rr. 25B-25D
ad. 1977 No. 70
Part V

Division 1

R. 26
am. 1977 No. 70
R. 27
rs. 1975 No. 92

am. 1977 No. 70
Rr. 29-31
am. 1977 No. 70
Div. 2 of Part V
rep. 1977 No. 70
Rr. 32, 33
rep. 1977 No. 70
Part VI

R. 34
am. 1975 No. 92; 1977 No. 70
Rr. 35-37
rep. 1977 No. 70
Schedule 1
am. 1974 No. 22

rep. 1977 No. 70
Schedule 2
rep. 1977 No. 70
Schedules 3-6
am. 1975 No. 92