Statutory Rules

1975 No. 92

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-ninth day of May, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

D. R. WILLESEE

Minister of State for Foreign Affairs.

Amendments of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations†

Parts.

1. Regulation 3 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is repealed.

Interpretation.

2. Regulation 4 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting from sub-regulation (1) the definition of “ service ”.

3. After regulation 4 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations the following regulation is inserted:—

Delegation by Minister.

“4a. (1) The Minister may, by instrument in writing, delegate to the Chief Officer or to the person for the time being holding, or performing the duties of, the office of Assistant Secretary (Staffing Assistance) in the Australian Development Assistance Agency, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under sub-regulation 8 (2), paragraph 17 (4) (a) and the definition of ‘ married person ’ in sub-regulation 18 (3).

“ (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Minister.

“ (3) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.”.

* Notified in the Australian Government Gazette on 30 May 1975.

† Statutory Rules 1973, No. 237, as amended by Statutory Rules 1974, No. 22.

Compensation.

4. (1) Regulation 16 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ Nine thousand eight hundred and eighty dollars ” (wherever occurring) and substituting the words “ the amount that is, by virtue of sub-regulation 10 (4) of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, the prescribed amount for the purposes of sub-regulations 10 (2) and (3) of those Regulations ”;

(b) by omitting from sub-regulation (2) the words “ his retirement ” and substituting the words “ retirement within the meaning of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations ”; and

(c) by adding at the end thereof the following sub-regulation:—

“ (3) In this regulation, ‘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) that 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) that 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 on and 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) that is continuous with that service,

other than—

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

(f) leave without pay in excess of 3 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), 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 cadetship 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; and

(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.”.

(2) The amendments effected by sub-regulation (1) shall be deemed to have come into operation on 1 December 1973.

Recalculation of compensation on taking up alternative employment.

5. Regulation 17 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by inserting after sub-regulation (1) the following sub-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.”.

Resettlement grant.

6. Regulation 18 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2) the words “ Six hundred dollars ” and substituting the figures “ $800 ”; and

(b) by omitting from paragraph (b) of sub-regulation (2) the words “ One thousand six hundred and fifty dollars plus Two hundred and fifty dollars ” and substituting the figures and word “ $2,300 plus $350 ”.

Leave entitlements.

7. Regulation 19 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended—

(a) by omitting all words from and including the words “ all actual ” and substituting the words “ all entitlements to recreation leave, long leave and furlough.”; and

(b) by adding at the end thereof the following sub-regulation:—

“ (2) For the purposes of sub-regulation (1)—

(a) in relation to an eligible person’s entitlement to recreation leave—where his period of service exceeded the total number of his completed weeks of service, the period of the excess shall—

(i) if it comprised 4 days or more—be deemed to have been a complete week of service; or

(ii) if it comprised less than 4 days—be disregarded; and

(b) in relation to an eligible person’s entitlement to long leave or furlough—his period of service shall be calculated to the last completed year of service.”.

8. Regulation 22 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is repealed and the following regulation substituted:—

Compensation.

“ 22. (1) A person, other than an eligible person, whose employment is terminated under section 14 of the Act is entitled to compensation of an amount equal to 17.5 per cent of the salary applicable to him for each complete month in the period commencing 3 months after the date on which the notice given to him under that section takes effect and ending on the latest date on which, if his employment under Part II of the Act were not so terminated, that employment would have been completed in accordance with the terms of—

(a) a contract referred to in sub-section 7 (3) of the Act entered into by him; or

(b) an agreement entered into, or other arrangement made, between him and the Government of Papua New Guinea, or between him and the Australian Government, relating to his employment under the Act.

“ (2) Where a period of notice is reduced under sub-regulation 8 (2) a person referred to in sub-regulation (1) is entitled, in addition to any amount to which he may be entitled by virtue of sub-regulation (1) to compensation of an amount equal to the amount of salary that would, if the period of notice had not been so reduced, have been payable to him in respect of the period by which the notice was reduced.”.

Contingencies allowance.

9. Regulation 25 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:—

10. Regulation 27 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is repealed and the following regulation substituted:—

Interest on unpaid compensation.

“ 27. The interest due and payable with each of the subsequent instalments referred to in sub-regulation 26 (2) (being an instalment 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 becomes due and payable.”.

Advice of alternative employment.

11. Regulation 34 of the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting from sub-regulation (1) the word “ Minister ” and substituting the words “ Chief Officer ”.

Schedule 3.

12. Schedule 3 to the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting the figures and words “ $9,880 per annum ” and substituting the words “ the amount that is, by virtue of sub-regulation 10 (4) of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, the prescribed amount for the purposes of sub-regulations 10 (2) and (3) of those Regulations ”.

Schedule 4.

13. Schedule 4 to the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting the figures and words “ $9,880 per annum or more ” and substituting the words “ the amount that is, by virtue of sub-regulation 10 (4) of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, the prescribed amount for the purposes of sub-regulations 10 (2) and (3) of those Regulations or more than that amount ”.

Schedule 5.

14. Schedule 5 to the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting the figures and words “ $9,880 per annum ” and substituting the words “ the amount that is, by virtue of sub-regulation 10 (4) of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, the prescribed amount for the purposes of sub-regulations 10 (2) and (3) of those Regulations ”.

Schedule 6.

15. Schedule 6 to the Papua New Guinea (Staffing Assistance) (Termination of Employment) Regulations is amended by omitting the figures and words “ $9,880 per annum or more ” and substituting the words “ the amount that is, by virtue of sub-regulation 10 (4) of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, the prescribed amount for the purposes of sub-regulations 10 (2) and (3) of those Regulations or more than that amount ”.