Commonwealth Coat of Arms of Australia

Statutory Rules

1973 No.

REGULATIONS UNDER THE PAPUA NEW GUINEA (STAFFING ASSISTANCE) ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Papua New Guinea (Staffing Assistance) Act 1973.

Dated this twenty-seventh day of November, 1973.

Paul Hasluck

Governor-General.

By His Excellency's Command,

Signature of Minister of State for External Territories

Minister of State for External Territories.

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

Part) I—Preliminary

Citation.

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

Commencement.

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

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-5)—

Part II.—Elections and Termination of Employment (Regulations 6-9)

Part III—Tribunals (Regulations 10-14)

Part IV—Benefits

Division 1—Retirement of Certain Eligible Persons (Regulation 15)

Division 2—Eligible Persons (Regulations 16-21)

Division 3—Persons other than Eligible Persons (Regulations 22-25)

Part V—Time and Manner of Payment

Division 1—Eligible Persons (Regulations 26-31)

Division 2—Persons other than Eligible Persons (Regulation 32)

Part VI—Miscellaneous (Regulations 33-37).

* Notified in the Australian Government Gazette on  1973.

19503/73—Price 25c 10/14.11.1993


Interpretation.

4. (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 ” has the same meaning as in the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations;

“ salary ” means—

(a) in relation to an eligible person who elects to terminate his employment under paragraph 13 (1.) (b) of the Act—the salary, or the salary within the range of salary determined by the Minister under sub-section 7 (2) of the Act for the service performed by the eligible person and includes any allowances to which he is entitled by virtue of his qualifications, but does not include—

(i) any increase in salary other than an increase resulting from arbitration, Ministerial determination or incremental advancement received by him within a period of twelve months immediately before the date of termination of his employment; or

(ii) any other allowance; or

(b) in any other case—the salary and any allowance to which the person is entitled by virtue of his qualifications received by him immediately before the date of termination of his employment, but does not include any other allowance;

“ service ” means—

(a) in the case of an eligible person who was, immediately before the commencement of the Act, an overseas officer within the meaning of the Public Service Ordinance other than a contract officer—all continuous service after the date of the eligible person’s appointment as an officer within the meaning of that Ordinance, together with any service referred to in paragraph (b) or (c) of this definition which is continuous with that service;

(b) in the case of an eligible person who was, immediately before the commencement of the Act, an overseas member within the meaning of the Police Force Ordinance other than a contract member—all continuous service after the date of the eligible person’s appointment as an overseas member within the meaning of that Ordinance, together with any service referred to in paragraph (a) or (c) of this definition which is continuous with that service;

(c) in the case of an eligible person who was, immediately before the commencement of the Act, deemed, by virtue of section 4b of the Superannuation Ordinance, to be an employee within the meaning of section 4 of that Ordinance—all continuous service after the date from which the eligible person was so deemed to be an employee within the meaning of section 4 of that Ordinance; and


(d) in the case of an eligible person who was, immediately before the commencement of the Act, an officer of the Papua New Guinea Electricity Commission and was a contributor under the Superannuation Ordinance—all continuous service after the date on which he became such a contributor together with any service referred to in paragraph (a) or (b) of this definition which is continuous with that service,

other than—

(e) leave without salary under regulation 77 of the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations;

(f) leave without pay in excess of three months at any one time granted to an eligible person under section 98 or 106 of the Public Service Ordinance or under section 76 or 84 of the Police Force Ordinance or under any corresponding provision of a previous law and, in respect of an eligible person referred to in paragraph (d) of this definition, under any corresponding provision of, or determination under, legislation relating to the terms and conditions of employment of officers of the Papua New Guinea Electricity Commission applying before or after the commencement of the Act;

(g) any period during which the eligible person undertook cadet-ship training in Australia as a cadet agricultural officer, cadet architect, cadet education officer, cadet engineer, cadet forest officer, cadet medical officer, cadet surveyor or cadet veterinary officer; or

(h) leave without pay granted to the eligible person in accordance with section 104 of the Public Service Ordinance or section 82 of the Police Force Ordinance or under any corresponding provision of a later law;

“ the Act ” means the Papua New Guinea (Staffing Assistance) Act 1973;

“ the Police Force ” means the Police Force constituted under the Police Force Ordinance.

(2) In these Regulations, unless the contrary intention appears, words or expressions defined for the purposes of Part III of the Act 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 these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.

Continuity of service.

5. (1) For the purposes of these Regulations, the continuity of service of an eligible person shall be deemed not to have been broken by—

(a) any period of absence that does not exceed twelve months; and

(b) any periods of absence that do not exceed in the aggregate one seventh of the total number of working days and holidays occurring after the commencement of his service.

(2) For the purpose of these Regulations, an eligible person shall be deemed not to have broken the continuity of his service, or to have been absent, by reason of his being—

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

(b) on leave of absence without pay where the leave of absence was granted—

(i) on account of illness;


(ii) under section 1.09 of the Public Service Ordinance or section 87 of the Police Force Ordinance or under corresponding provisions of a previous law or a law relating to the terms and conditions of service of officers of the Papua New Guinea Electricity Commission;

(iii) under section 110 of the Public Service Ordinance or section 88 of the Police Force Ordinance or under any corresponding provision of a previous law or a law relating to the terms and conditions of service of officers of the Papua New Guinea Electricity Commission; or

(iv) under regulation 77 of the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations.

Part II—Elections and Termination of Employment

Form of election.

6. For the purposes of sub-section 13 (2) of the Act—

(a) an election under paragraph 13 (1) (a) of the Act shall be in accordance with Form 1; and

(b) an election under paragraph 13 (1) (b) of the Act shall be in accordance with Form 2.

Prescribed notice.

7. For the purposes of sub-section 13 (2) of the Act, the prescribed notice is—

(a) in respect of an election under paragraph 13 (1) (a) of the Act—one month or such reduced period as the Chief Officer determines upon request by the eligible person; or

(b) in respect of an election under paragraph 13 (1) (b) of the Act— three months or such reduced period as the Chief Officer determines upon request by the eligible person.

(2) A request by an eligible person for a reduction in the period of notice under this regulation shall be in accordance with Form 3.

Notice of termination of employment under section 14.

8. (1) A notice of termination of employment under section 14 of the Act shall be in accordance with Form 4.

(2) For the purposes of sub-section 14 (1) of the Act, the prescribed notice is three months or such reduced period as the Minister determines on request by the eligible person.

(3) A request by an eligible person for a reduction in the period of notice under this regulation shall be in accordance with Form 5.

(4) A notice of termination of employment under section 14 of the Act comes into operation on the date specified in the notice.

Date of termination of employment.

9. (1) Subject to sub-regulation (2), the date of termination of the employment of a person employed under Part II of the Act is the date specified in his election under section 13 of the Act or in the notice given to him under section 14 of the Act, as the case may be, or such earlier date as is specified in a determination under regulation 7 or 8, as the case may be.


 (2) Where an eligible person who—

(a) has elected to terminate his employment under section 13 of the Act; or

(b) has been given notice by the Minister of the termination of his employment under section 14 of the Act,

commences alternative employment before the date on which his employment would have terminated, the date of termination of his employment is the date immediately before the date on which he commences alternative employment.

Part III—Tribunals

Form of application.

10. For the purposes of sub-section 15 (2) of the Act, an application shall be in accordance with Form 6.

Referral of application to Tribunal.

11. The Chief Officer shall, as soon as practicable after receiving an application, refer it to a Tribunal.

Membership of Tribunal.

12. For the purposes of sub-section. 16 (2) of the Act, the membership of a Tribunal shall be as follows:—

(a) the High Commissioner of Papua New Guinea or his nominee, who shall be the Chairman;

(b) the Chief Officer or his nominee; and

(c) a person employed under Part II of the Act.

Form of oath or affirmation.

13. For the purposes of section 17 of the Act, the oath or affirmation shall be—

(a) in accordance with the form in Schedule 2; and

(b) made before a Judge or Stipendiary Magistrate of Papua New Guinea.

Procedure of Tribunal.

14. (1) Subject to sub-regulation (2), a Tribunal shall hear an application as soon as practicable after the application is referred to the Tribunal.

(2) The hearing of an application by a person who is absent from Papua New Guinea shall not take place until that person has returned to Papua New Guinea.

(3) Where the members of a Tribunal are divided in opinion on a question, that question shall be decided according to the decision of the majority.

(4) Where, after hearing an application, a Tribunal is of the opinion that there is no good cause for the employment of the applicant to be terminated, the Chairman shall inform the person in writing accordingly and shall furnish him with the reasons for the Tribunal’s opinion.

(5) The rejection or disallowance by the Tribunal of an application is final, but nothing in this regulation prevents a person from making a further application.


Part IV—Benefits

Division 1—Retirement of Certain Eligible Persons

Retirement of eligible person.

15. (1) Notwithstanding anything contained in the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations or these Regulations, an eligible person may, on or after attaining—

(a) in the case of a male person—the age of fifty years; or

(b) in the case of a female person—the age of forty-five years, retire.

“(2) An eligible person referred to in sub-regulation (1) who does not make an election under regulation 47 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations shall be entitled to the benefits provided in Division 2.

Division 2—Eligible Persons

Compensation.

16. (1) Subject to Division 1 of this Part and to sub-regulation (2), an eligible person whose employment is terminated under paragraph 13 (1) (b) or section 14 of the Act is entitled to compensation of an amount calculated by multiplying his salary by the factor appropriate to his age at his last birthday before that date and his length of service immediately before that date, as set out—

(a) in the case of a male eligible person whose salary at that date was less than Nine thousand eight hundred and eighty dollars or who was contributing to the Provident Account immediately before that date— in Schedule 3;

(b) in the case of any other male eligible person—in Schedule 4;

(c) in the case of a female eligible person whose salary at that date was less than Nine thousand eight hundred and eighty dollars or who was contributing to the Provident Account immediately before that date—in Schedule 5; or

(d) in the case of any other female eligible person—in. Schedule 6.

(2) If the amount of compensation so calculated exceeds the amount of salary which would have been payable to the eligible person from the date of termination of his employment until he reached the maximum age for his retirement if his employment had not been terminated, the amount of compensation to which he is entitled is an amount equal to that amount of salary.

Recalculation of compensation on taking up alternative employment.

17. (1) Where an eligible person who is entitled to compensation 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 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.

(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 factor’s 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.

Resettlement grant.

18. (1) An eligible poison whose employment is terminated under section 13 or 14 of the Act is entitled to a resettlement grant.

(2) The amount of resettlement giant shall be—

(a) in the case of a single person—Six hundred dollars; and

(b) in the case of a married person—One thousand six hundred and fifty dollars plus Two hundred and fifty dollars in respect of each dependent child of the eligible person.

(3) For the purpose of this regulation—

“ married person ” includes a widower, widow and any other person who is maintaining a home or supporting relatives in circumstances which, in the opinion of the Minister, justify the treatment of the person as a married person for the purposes of this regulation; and

“ dependent child ” means—

(a) a child of the eligible person or of his spouse;

(b) a child adopted by the eligible person or his spouse under an order of the Supreme Court of Papua New Guinea; or

(c) a child the adoption of which by the eligible person or his spouse is recognized by or under an Act or State Act,

who is wholly dependent upon or wholly maintained by the eligible person and who is—

(d) under the age of eighteen years; or

(e) certified by a medical practitioner to be a permanent invalid.

Leave entitlements.

19. An eligible person whose employment is terminated under section 13 or 14 of the Act shall have credited to him as at the date of termination of his employment and pro rata without regard to any qualifying periods of service prescribed by or under the Public Service Ordinance or the Police Force Ordinance or any corresponding provision of a subsequent law as the case may be, all actual or contingent entitlements of recreation leave, long leave and furlough calculated—

(a) in the case of recreation leave, to the nearest completed week; or

(b) in the case of long leave and furlough, to the nearest completed year,

of service in respect of which that leave or furlough has not previously been granted.

Pares and removal expenses.

20. (1) An eligible person whose employment is terminated under section 13 or 14 of the Act is entitled to—

(a) fares for himself, his wife and each dependent child;

 (b) removal expenses of his household furniture and effects in accordance with regulation 92 of the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment.) Regulations; and

(c) removal expenses in respect of—

(i) one motor car; and

(ii) one boat of a size and weight which can be carried or towed by the motor car together with the trailer necessary to enable the boat to be so towed.

(2) For the purposes of sub-regulation (1), “ dependent child ” has the same meaning as in regulation 18.

Fare entitlements for persons on leave.

21. (1) Notwithstanding anything contained in these Regulations, where an eligible person is on leave of absence from Papua New Guinea on the date on which he receives notice of the termination of his employment under section 34 of the Act, and but for the operation of that section would have been eligible for return fares to Papua New Guinea at the expiration of that leave, be retains that entitlement in order to return to Papua New Guinea to settle his affairs.

(2) A fare entitlement under this regulation shall lapse if not used within a period of one month after the date of termination of employment.

Division 3—Persons other than Eligible Persons

Compensation.

22. (1) A person, other than an eligible person, whose employment is terminated under section 14 of the Act is entitled to compensation calculated in accordance with the following table:

Where unexpired period of agreed employment is—

Amount equal to months or salary

Less than 1 year .......................................

Nil

1 but less than 2 years ...................................

11/2

2 but less than 3 years ...................................

3

3 but less than 4 years ...................................

41/2

4 but Jess than 5 years ...................................

6

5 bat less than 6 years ...................................

71/2

6 but less than 7 years ...................................

9

7 but less than 8 years ...................................

101/2

8 or more ...........................................

12

(2) Where a period of notice is reduced under regulation 8, a person referred to in sub-regulation (1) is entitled to the payment of salary for the period by which the notice was reduced.

Leave entitlements.

23. (1) Subject to sub-regulation (2), a person, other than an eligible person, whose employment is terminated under section 14 of the Act shall have credited to him as at the date of termination of his employment, and pro-rata, without regard to any qualifying periods of service prescribed by or under the Public Service Ordinance or the Police Force Ordinance or any corresponding provision of a subsequent law, as the case may be, all actual or contingent entitlements of recreation leave, long leave and furlough.

(2) A pro-rata credit in respect of long leave shall not be given unless the agreed period of employment has, or would have, exceeded six years exclusive of any period of leave without pay.

Pares and removal expenses.

24. A person, other than an eligible person, whose employment is terminated under section 14 of the Act is entitled to fares for himself, his wife and each child and removal expenses of his household furniture and effects in accordance with regulation 92 of the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations.


Contingencies allowance.

25. (1) A person, other than an eligible person, whose employment is terminated under section 14 of the Act is entitled to a contingencies allowance calculated in accordance with the following table:—

Unexpired period of agreed employment

Married person

Single person

Additional amount in respect of each dependent child

 

$

$

$

In excess of 6 months but less than 3 years ..

300

100

100

In excess of 3 years .....................

500

200

100

(2) For the purposes of this regulation. “ married person ” and “ dependent child ” have the same respective meanings as in regulation 18.

Part V—Time and Manner of Payment

Division 1—Eligible Persons

Instalments of compensation.

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

(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 or in the notice given to him under section 14 of the Act, 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.

Interest on unpaid instalments.

27. (1) Interest at the rate of five per centum per annum shall accrue on unpaid instalments due after payment of the first instalment.

(2) Interest shall accrue from the due date for payment of the instalment and shall be calculated on the amount of compensation outstanding before payment of the instalment due.

Where compensation less than $12,000.

28. (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.

Balance of instalments in full on death or retiring age.

29. Where an eligible person dies or reaches the maximum age for retirement 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.

Payments on accepting alternative employment.

30. (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 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.

Payments for leave and resettlement grants.

31. Benefits under regulations 18 and 19 shall be paid on the date of termination of employment or as soon as practicable after that date.

Division 2—Persons other than Eligible Persons

Payment of compensation for breach of contract.

32. Payments of benefits under Division 3 of Part IV shall be made on the date of termination of employment or as soon as practicable after that date.

Part VI—Miscellaneous

Employees may elect for invalidity retirement.

33. (1) Where an eligible person whose employment is terminated under section 14 of the Act is on sick leave immediately before the date of termination of his employment, he may, as soon as is reasonably practicable after that date, elect that the provisions of this regulation apply to and in relation to him.

(2) Where an eligible person makes an election under this regulation, the provisions of regulations 52, 53 and 83 of the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations continue to apply to and in relation to him.

(3) In the case of an eligible person who has made an election under this regulation and who—

(a) is retired under the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations—no benefit provided by or under these Regulations applies to or in relation to him; or

(b) otherwise ceases to be on sick leave—the date of termination of his employment shall be the date on which he ceases to be on leave.

Advice of alternative employment.

34. (1) An eligible person who engages in alternative employment before the expiration of the prescribed notice or within the period during which instalments of compensation are being paid shall advise the Minister in writing accordingly within fourteen days after the acceptance of an offer of alternative employment.

(2) An eligible person (not being an eligible person who has advised under sub-regulation (1)) who is receiving instalments of compensation shall, within one month before the date on which each instalment is due, make a statutory declaration that he has not engaged in alternative employment.

Fares and removal expenses forfeited after certain period.

35. The entitlement of a person to payment of fares and the removal of household furniture and effects under regulation 20 or 24 shall be forfeited if that entitlement is not availed of within a period of three months after the date of termination of employment or within such further period as the Chief Officer allows.

Salary not to be reduced.

36. Except as a consequence of disciplinary action taken against him under the Act, the salary of a person shall not be reduced after the date of issue of the relevant notice under section 14 of the Act.

Notices of termination of employment, &c.

37. Where, before the commencement of the Act, a notice of termination of services was issued under the provisions of the Public Officers (Employment Security) Ordinance 1967 of Papua New Guinea to a person who is an eligible person or where any action arising from or in relation to that notice was taken by an appropriate authority, the notice and’ that action shall continue to have force and effect as if they had been issued and taken under the Act.


SCHEDULE 1

Form 1 Regulation 6

Papua New Guinea (Staffing Assistance) Act 1973

ELECTION BY ELIGIBLE PERSON UNDER PARAGRAPH 13 (1) (a)

To:

‘ The Chief Officer,

Australian Staffing Assistance Group,

Canberra. A.C.T.

I, , hereby elect to—

* engage in employment on contract,

* terminate my employment

with effect from close of business on †

Dated this day of , 19   .

(Signature of Eligible Person)

* Delete whichever is applicable.

† Insert date not less than one month after date of election,

Form 2 Regulation 6

Papua New Guinea (Staffing Assistance) Act 1973

ELECTION BY ELIGIBLE PERSON UNDER PARAGRAPH 13 (1) (b)

To:

The. Chief Officer,

Australian Staffing Assistance Group,

Canberra. A.C.T.

I, , hereby elect to terminate my employment with effect from close of business on *

Dated this day of , 19  .

(Signature of Eligible Person)

* Insert date not less than three months after date of election.


SCHEDULE 1—continued

Form 3 Regulation 7

Papua New Guinea (Staffing Assistance) Act 1973

REQUEST FOR REDUCTION IN PERIOD OF NOTICE

To:

The Chief Officer,

Australian Staffing Assistance Group,

Canberra. A.C.T.

I, , hereby request that the period of notice for my election under section 13 of the Act be reduced so as to enable me to

* engage in employment on contract with effect on and from

* terminate my employment with effect from close of business on

Dated this day of , 19  .

(Signature of Eligible Person)

ENDORSEMENT OF CHIEF OFFICER.

I, , determine that the period of notice referred to above shall terminate on              , 19

Dated this day of , 19  .

(Chief Officer or Delegate)

* Delete whichever is inapplicable.

Form 4 Regulation 8

Papua New Guinea (Staffing Assistance) Act 1973

NOTICE OF TERMINATION OF EMPLOYMENT UNDER SUB-SECTION 14 (1)

To:

I, , Minister of State for hereby terminate

your employment upon the expiration of months commencing on the date on which this notice of termination takes effect.

The reason for the termination of your employment is *

This notice shall late effect from and including

Dated this day of , 19   .

 (Minister of State for )

* Insert appropriate reason specified in sub-section 14 (1).


SCHEDULE 1—continued

Form 5 Regulation 8.

Papua New Guinea (Staffing Assistance) Act 1.973

REQUEST FOR REDUCTION IN PERIOD OF NOTICE

To:

I,  , request that the period of notice under sub-section 14 (1) of the Act given with effect from †              be reduced so as to enable me to terminate my employment with effect from close of business on

Dated this day of , 19   .

(Signature of Eligible Person)

ENDORSEMENT OF MINISTER.

I,  , Minister of State for  determine that the period of notice referred to above shall terminate on               19              .

Dated this day of , 19

(Minister of State for )

* Insert designation of Minister.

† Insert effective date of notice stated in Form 4.

Form 6 Regulation 10

Papua New Guinea (Staffing Assistance) Act 1973

APPLICATION UNDER SECTION 15 FOR TERMINATION OF EMPLOYMENT

To:

The. Chief Officer,

Australian Staffing Assistance Group,

Canberra. A.C.T.

I,  hereby apply for termination of my employment on the grounds that *

Dated this day of , 19  .

(Signature of Eligible Person)

* Insert grounds. Attach signed statement if space not sufficient.


SCHEDULE 2 Regulation 13

Papua New Guinea (Staffing Assistance) Act 1973

OATH OR AFFIRMATION TO BE TAKEN OR MADE BY A MEMBER OF A TRIBUNAL

OATH

1,  do swear that I will well and truly serve Her Majesty the Queen in the office of member of a Tribunal constituted under the Papua New Guinea (Staffing Assistance) Act 1973 and that I will perform the duties imposed and exercise the powers conferred upon me as a member of the Tribunal without fear or favour, affection or ill-will.

So help me God!

AFFIRMATION

I,  do solemnly and sincerely affirm and declare that 1 will well and truly serve Her Majesty the Queen in the office of member of a Tribunal constituted under the Papua New Guinea (Staffing Assistance) Act 1973 and that 1 will perform the duties imposed and exercise the powers conferred upon me as a member of the Tribunal without fear of favour, affection or ill-will.


SCHEDULE 3 Regulation 16

FACTORS TO BE APPLIED WHERE MALE ELIGIBLE PERSON DOES NOT ENGAGE IN ALTERNATIVE EMPLOYMENT

Eligible persons whose salary is less than $9,880 per annum or who are contributing to the Provident Account

Age

 

 

Factor when Length of Service is:

 

 

3 years

4 years

5 years

6 years

7 years

8 years

9 years

10 years or more

21 ..

0.43

..

..

..

..

..

..

..

22 ..

0.46

0.61

..

..

..

..

..

..

23 ..

0.49

0.65

0.80

..

..

..

..

..

24 ..

0.52

0.69

0.85

1.02

 

..

..

..

25 ..

0.55

0.73

0.90

1.08

1.25

..

..

..

26 ..

0.58

0.77

0.95

1.14

1.32

1.50

..

..

27 ..

0.61

0.81

1.01

1.20

1.40

1.59

1.78

..

28 ..

0.65

0.86

1.06

1.27

1.47

1.67

1.87

2.07

29 ..

0.68

0.90

1.12

1.33

1.55

1.76

1.96

2.17

30 ..

0.72

0.95

1.18

1.40

1.62

1.84

2.06

2.27

31 ..

0.79

1.05

1.30

1.54

1.78

2.02

2.26

2.50

32 ..

0.87

1.14

1.42

1.68

1.95

2.21

2.47

2.72

33 ..

0.94

1.24

1.54

1.83

2.11

2.39

2.67

2.95

34 ..

1.02

1.34

1.66

1.97

2.27

2.57

2.87

3.16

35 ..

1.09

1.44

1.77

2.10

2.43

2.75

3.07

3.38

36 ..

1.15

1.51

1.86

2.21

2.55

2.88

3.21

3.54

37 ..

1.21

1.58

1.95

2.31

2.67

3.01

3.35

3.69

38 ..

1.26

1.65

2.04

2.41

2.77

3.13

3.48

3.83

39 ..

1.31

1.72

2.11

2.50

2.87

3.24

3.60

3.96

40 ..

1.36

1.78

2.18

2.58

2.96

3.33

3.70

4.06

41 ..

1.38

1.80

2.20

2.59

2.98

3.35

3.71

4.07

42 ..

1.39

1.81

2.21

2.60

2.98

3.35

3.71

4.06

43 ..

1.40

1.82

2.22

2.60

2.97

3.33

3.68

4.03

44 ..

1.40

1.81

2.20

2.58

2.94

3.30

3.64

3.97

45 ..

1.40

1.80

2.18

2.55

2.90

3.24

3.57

3.89

46 ..

1.36

1.74

2.10

2.45

2.73

3.10

3.41

3.71

47 ..

1.31

1.67

2.01

2.33

2.64

2.94

3.22

3.50

48 ..

1.25

1.59

1.90

2.19

2.47

2.74

3.00

3.25

49 ..

1.17

1.48

1.76

2.02

2.27

2.51

2.74

2.96

50 ..

1.08

1.35

1.59

1.82

2.03

2.24

2.43

2.62

51 ..

0.97

1.19

1.39

1.58

1.75

1.92

2.08

2.23

52 ..

0.82

0.99

1.15

1.29

1.42

1.55

1.67

1.78

53 ..

0.63

0.75

0.85

0.94

1.03

1.11

1.19

1.27

54 ..

0.38

0.43

0.48

0.52

0.56

0.60

0.64

0.68

55 ..

0.38

0.43

0.48

0.52

0.56

0.60

0.64

0.68

56 ..

0.38

0.43

0.48

0.52

0.56

0.60

0.64

0.68

57 ..

0.38

0.43

0.48

0.52

0.56

0.60

0.64

0.68

58 ..

0.38

0.43

0.48

0.52

0.56

0.60

0.64

0.68

59 ..

0.38

0.43

0.48

0.52

0.56

0.60

0.64

0.68


SCHEDULE 4 Regulation 16

FACTORS TO BE APPLIED WHERE MALE ELIGIBLE PERSON DOES NOT ENGAGE IN ALTERNATIVE EMPLOYMENT

Eligible persons whose salary is $9,880 per annum or more

Age

Factor when Length of Service is:

3 years

4 years

5 years

6 years

7 years

8 years

9 years

10 years or more

21 ..

0.42

..

..

..

..

..

..

..

22 ..

0.45

0.60

..

..

..

..

..

..

23 ..

0.48

0.63

0.79

..

..

..

..

..

24 ..

0.50

0.67

0.83

1.00

..

..

..

..

25 ..

0.53

0.71

0.88

1.05

1.22

..

..

..

26 ..

0.56

0.75

0.93

1.11

1.29

1.47

..

..

27 ..

0.59

0.79

0.98

1.17

1.36

1.55

1.74

..

28 ..

0.62

0.83

1.03

1.23

1.43

1.63

1.83

2.02

29 ..

0.65

0.87

1.08

1.29

1.50

1.71

1.91

2.12

30 ..

0.68

0.91

1.13

1.35

1.57

1.78

2.00

2.22

31 ..

0.75

1.00

1.24

1.48

1.72

1.96

2.19

2.43

32 ..

0.82

1.09

1.35

1.61

1.87

2.13

2.39

2.64

33 ..

0.89

1.18

1.46

1.74

2.02

2.30

2.58

2.85

34 ..

0.95

1.26

1.57

1.87

2.17

2.47

2.76

3.05

35 ..

1.02

1.36

1.67

1.99

2.31

2.62

2.94

3.25

36 ..

1.07

1.41

1.75

2.08

2.42

2.74

3.07

3.39

37 ..

1.11

1.47

1.82

2.17

2.51

2.85

3.19

3.52

38 ..

1.16

1.53

1.89

2.25

2.60

2.95

3.30

3.64

39 ..

1.20

1.58

1.95

2.32

2.68

3.04

3.40

3.75

40 ..

1.23

1.62

2.00

2.38

2.75

3.11

3.47

3.83

41 ..

1.24

1.63

2.01

2.38

2.75

3.11

3.47

3.82

42 ..

1.24

1.62

2.00

2.37

2.73

3.09

3.44

3.79

43 ..

1.23

1.61

1.99

2.35

2.71

3.06

3.40

3.74

44 ..

1.22

1.59

1.96

2.31

2.66

3.00

3.34

3.67

45 ..

1.20

1.57

1.92

2.26

2.60

2.93

3.25

3.57

46 ..

1.15

1.50

1.83

2.15

2.47

2.78

3.08

3.38

47 ..

1.10

1.42

1.73

2.03

2.32

2.61

2.89

3.16

48 ..

1.03

1.33

1.61

1.89

2.15

2.41

2.67

2.92

49 ..

0.95

1.22

1.47

1.72

1.96

2.19

2.41

2.63

50 ..

0.86

1.09

1.31

1.53

1.73

1.93

2.12

2.31

51 ..

0.75

0.95

1.13

1.30

1.47

1.63

1.79

1.94

52 ..

0.62

0.77

0.91

1.05

1.17

1.30

1.42

1.53

53 ..

0.47

0.57

0.66

0.75

0.84

0.92

1.00

1.08

54 ..

0.27

0.32

0.36

0.41

0.45

0.49

0.53

0.57

55 ..

0.27

0.32

0.36

0.41

0.45

0.49

0.53

0.57

56 ..

0.27

0.32

0.36

0.41

0.45

0.49

0.53

0.57

57 ..

0.27

0.32

0.36

0.41

0.45

0.49

0.53

0.57

58 ..

0.27

0.32

0.36

0.41

0.45

0.49

0.53

0.57

59 ..

0.27

0.32

0.36

0.41

0.45

0.49

0.53

0.57


SCHEDULE 5 Regulation 16

FACTORS TO BE APPLIED WHERE FEMALE ELIGIBLE PERSON DOES NOT ENGAGE IN ALTERNATIVE EMPLOYMENT

Eligible persons whose salary is less than $9,880 per annum or who are contributing to the Provident Account

Age

 

 

Factor when Length of Service is:

 

 

3 years

4 years

5 years

6 years

7 years

8 years

9 years

10 years or more

21 ..

0.21

..

..

..

..

..

..

..

22 ..

0.22

0.29

..

..

..

..

..

..

23 ..

0.22

0.29

0.36

..

..

..

..

..

24 ..

0.23

0.31

0.38

0.46

..

..

..

..

25 ..

0.25

0.33

0.41

0.49

0.57

..

..

..

26 ..

0.28

0.37

0.46

0.55

0.63

0.72

..

..

27 ..

0.32

0.42

0.52

0.62

0.72

0.82

0.92

..

28 ..

0.37

0.48

0.60

0.71

0.82

0.93

1.04

1.15

29 ..

0.42

0.55

0.68

0.80

0.93

1.05

1.18

1.30

30 ..

0.43

0.63

0.77

0.91

1.05

1.18

1.32

1.46

31 ..

0.57

0.74

0.91

1.07

1.23

1.39

1.55

1.71

32 ..

0.67

0.87

1.06

1.25

1.43

1.62

1.79

1.97

33 ..

0.77

1.00

1.22

1.44

1.65

1.85

2.05

2.25

34 ..

0.88

1.14

1.39

1.63

1.86

2.09

2.31

2.53

35 ..

0.98

1.27

1.55

1.82

2.07

2.32

2.56

2.79

36 ..

1.07

1.38

1.68

1.97

2.24

2.51

2.76

3.01

37 ..

1.14

1.48

1.80

2.10

2.39

2.66

2.93

3.18

38 ..

1.21

1.56

1.89

2.21

2.50

2.79

3.06

3.33

39 ..

1.26

1.62

1.96

2.29

2.59

2.88

3.16

3.43

40 ..

1.30

1.67

2.02

2.35

2.66

2.95

3.23

3.50

41 ..

1.31

1.67

2.01

2.33

2.64

2.92

3.20

3.46

42 ..

1.30

1.66

1.98

2.29

2.58

2.86

3.12

3.37

43 ..

1.28

1.62

1.93

2.22

2.50

2.76

3.00

3.24

44 ..

1.23

1.55

1.83

2.10

2.35

2.59

2.81

3.03

45 ..

1.15

1.43

1.69

1.93

2.14

2.35

2.55

2.73

45 ..

1.02

1.26

1.47

1.66

1.84

2.00

2.16

2.31

47 ..

0.86

1.04

1.20

1.35

1.48

1.61

1.73

1.84

48 ..

0.66

0.78

0.89

0.98

1.07

1.15

1.23

1.31

49 ..

0.40

0.45

0.50

0.54

0.59

0.63

0.66

0.70

50 ..

0.40

0.45

0.50

0.54

0.59

0.63

0.66

0.70

51 ..

0.40

0.45

0.50

0.54

0.59

0.63

0.66

0.70

52 ..

0.40

0.45

0.50

0.54

0.59

0.63

0.66

0.70

53 ..

0.40

0.45

0.50

0.54

0.59

0.63

0.66

0.70

54 ..

0.40

0.45

0.50

0.54

0.59

0.63

0.66

0.70


SCHEDULE 6 Regulation 15

FACTORS TO BE APPLIED WHERE FEMALE ELIGIBLE PERSON DOES NOT ENGAGE IN ALTERNATIVE EMPLOYMENT

Eligible persons whose salary is $9,880 per annum or more

Age

 

 

Factor when Length of Service is:

 

 

3 years

4 years

5 years

6 years

7 years

8 years

9 years

10 years or more

21 ..

0.21

..

..

..

..

..

..

..

22 ..

0.21

0.28

..

..

..

..

..

..

23 ..

0.22

0.29

0.36

..

..

..

..

..

24 ..

0.23

0.30

0.38

0.45

..

..

..

..

25 ..

0.25

0.33

0.41

0.49

0.56

..

..

..

26 ..

0.27

0.36

0.45

0.54

0.63

0.71

..

..

27 ..

0.31

0.41

0.51

0.61

0.71

0.81

0.91

..

28 ..

0.35

0.47

0.58

0.69

0.81

0.92

1.03

1.14

29 ..

0.40

0.53

0.66

0.78

0.91

1.04

1.16

1.28

30 ..

0.45

0.60

0.74

0.88

1.02

1.16

1.30

1.44

31 ..

0.45

0.71

0.87

1.03

1.20

1.36

1.52

1.68

32 ..

0.62

0.82

1.01

1.20

1.38

1.57

1.75

1.93

33 ..

0.71

0.94

1.15

1.37

1.58

1.78

1.99

2.19

34 ..

0.80

1.05

1.30

1.54

1.77

2.00

2.23

2.45

35 ..

0.89

1.17

1.44

1.70

1.95

2.20

2.45

2.70

36 ..

0.96

1.26

1.54

1.82

2.09

2.36

2.62

2.88

37 ..

1.01

1.33

1.63

1.92

2.21

2.49

2.76

3.03

38 ..

1.06

1.38

1.70

2.00

2.30

2.58

2.86

3.14

39 ..

1.09

1.42

1.74

2.05

2.35

2.64

2.93

3.20

40 ..

1.12

1.45

1.77

2.08

2.38

2.68

2.96

3.24

41 ..

1.10

1.43

1.75

2.05

2.34

2.62

2.90

3.17

42 ..

1.08

1.40

1.70

1.99

2.27

2.54

2.80

3.06

43 ..

1.05

1.35

1.63

1.90

2.17

2.42

2.67

2.91

44 ..

0.99

1.27

1.53

1.77

2.01

2.24

2.47

2.69

45 ..

0.91

1.15

1.38

1.60

1.81

2.01

2.21

2.40

46 ..

0.79

0.99

1.18

1.36

1.53

1.69

1.85

2.01

47 ..

0.65

0.81

0.95

1.09

1.21

1.34

1.46

1.58

48 ..

0.49

0.59

0.69

0.78

0.86

0.95

1.03

1.11

49 ..

0.28

0.33

0.38

0.42

0.46

0.50

0.54

0.58

50 ..

0.28

0.33

0.38

0.42

0.46

0.50

0.54

0.58

51 ..

0.28

0.33

0.38

0.42

0.46

0.50

0.54

0.58

52 ..

0.28

0.33

0.38

0.42

0.46

0.50

0.54

0.58

53 ..

0.28

0.33

0.38

0.42

0.46

0.50

0.54

0.58

54 ..

0.28

0.33

0.38

0.42

0.46

0.50

0.54

0.58


SCHEDULE 7 Regulation 17

FACTORS to BE APPLIED WHERE MALE ELIGIBLE PERSON ENGAGES IN ALTERNATIVE EMPLOYMENT

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

 


SCHEDULE 8 Regulation 17

FACTORS TO BE APPLIED WHERE FEMALE ELIGIBLE PERSON ENGAGES IN ALTERNATIVE EMPLOYMENT

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

24 ........................................................

5.60

35 ........................................................

5.96

36 ........................................................

6.36

37 ........................................................

6.80

38 ........................................................

7.20

39 ........................................................

7.56

40 ........................................................

7.23

41 ........................................................

6.83

42 ........................................................

6.35

43 ........................................................

5.87

44 ........................................................

5.20

45 ........................................................

4.50

46 ........................................................

3.78

47 ........................................................

2.92

48 ........................................................

1.98

49 ........................................................

0.98

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