Commonwealth Public Service Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1912. No. 167.

PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Public Service Act 1902, should come into immediate operation, and make the Regulations to come into operation forthwith as “Provisional Regulations.”

Dated this 17th day of August, One thousand nine hundred and twelve.

DENMAN,

Governor-General

By His Excellency’s Command,

ANDREW FISHER.

 

Provisional Regulations 60, 61, 62,and 63 made under the provisions of the Commonwealth Public Service Act 1902 are repealed, and new Regulations in the following terms are made in lieu thereof:—

Duty After Usual Hours.

60. Officers will be required to perform public duty after the usual hours whenever it is necessary to bring up arrears of work or to meet any temporary pressure of business. Where found essential, the staff dealing with such work, or at the discretion of the officer in charge, the whole staff may be retained beyond the ordinary official hours. Every officer shall, when required by the officer in charge, remain after the usual hours to complete work considered necessary to be done on the same day.

Overtime.

61. (1) Only work which from its character, or from special circumstances, cannot be performed during the regular hours of duty, shall be regarded as overtime work for which extra payment may be made. Officers not working under close supervision, or whose hours of duty cannot be definitely determined, such as Inspectors, Postmasters, Detectives, Patrol Officers, Caretakers (in residence), Boatmen, Messengers, and Watchmen, shall not be entitled to claim overtime, nor shall any officer in receipt of salary exceeding £400 per annum be so entitled.

   

C 10083.—Price 3d.

 

(2.) Where attendance beyond the usual hours is considered necessary, the officer in charge shall immediately report, in writing, the circumstances to the Chief Officer, or such other officer as may be approved by the Commissioner, who, if satisfied as to the necessity therefore, may sanction the working of overtime. Such report shall specify the officer or officers to be employed, and the probable duration of the overtime. In emergent cases the officer in charge may directly authorize the working of overtime to the extent of not more than twenty hours in any financial year, but in such cases a report shall immediately be made to the Chief Officer. A return of all overtime worked during each calendar month shall be furnished to the Chief Officer by the officer in charge, at the close of the month, together with claims of officers for payment at the prescribed rate, and such returns and claims shall be submitted forthwith for determination by the Permanent Head. No claim for overtime shall be recognized unless the officer has been directed specifically by name, in writing, by the officer in charge, to attend before or after the usual hours of duty, and such written direction accompanies the monthly claim. Payment of overtime shall only be made on the recommendation of the Chief Officer, or such other officer as may be approved by the Commissioner, and the approval of the Permanent Head.

(3.) Subject to this Regulation, time worked in any week in excess of the hours shown below shall be recorded as overtime and paid for accordingly:—

(a) Officers wholly or in greater part employed on indoor duties —44 hours per week, excluding meal hours.

(b) Officers wholly or in greater part employed on outdoor duties—48 hours per week, excluding meal hours.

(c) Officers employed on night duty between the hours of 10 p.m. and 8 a.m., whether on indoor or outdoor work, except those employed on continuous shifts—40 hours per week, excluding meal hours.

Provided that in cases where an officer who has ceased work for the day is recalled to duty to meet an unexpected emergency, or where an officer is required to perform outside his usual hours work for a Department other than that to which he is attached, such work not being compensated for by allowance or otherwise, the Commissioner may approve of the time worked in excess of the ordinary daily duty being regarded and recorded as overtime.

Provided further that when a half-holiday, holiday, or holidays occur in any week, and the attendance of the officer on such half-holiday, holiday, or holidays is not required, a deduction at the rate of four hours for a half-holiday and eight hours for each holiday shall be made from the number of hours to be worked before overtime can be claimed. A similar deduction shall be made in the case of absences on authorized leave.

(4.) For the purpose of this Regulation, duty performed by such classes of officers as Mechanics, Artisans, Labourers, Messengers, or other officers of a like kind, shall not be regarded as indoor duties unless specially determined by the Commissioner.

 

Rate of Payment.

62. Overtime shall be paid for at the rate of time and a quarter based on a day of eight hours provided that not less than One shilling per hour shall be paid. For the purpose of ascertaining the hourly payment for overtime, the yearly salary shall be divided 313, and the result multiplied by 5·32. Overtime shall be calculated to the nearest quarter of an hour.

Meal Allowance.

63. In any case where an officer is directed to commence duty at least two hours before the ordinary time, or remain on duty at least two hours after the ordinary time, and such additional working necessitates such officer obtaining a meal away from home, he shall be granted a meal allowance on the following scale—Officers receiving £ 500 a year and over, 2s. 6d.; over £250 and under, £ 500 a year, 2s; £ 200 a year and under, 1s. 6d.

A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay the meal allowance may be granted instead of overtime pay.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.