Public Service (Parliamentary Officers) Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES

1969 No.

______

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and on the recommendation of—

(a)the Chairman of Committees of the Senate, being the person who, by virtue of section 5 of the Parliamentary Presiding Officers Act 1965, is to be deemed, by reason of the absence from the Commonwealth of the President of the Senate, to be the President of the Senate for the purposes of the exercise of the powers and functions by the President under the laws of the Commonwealth; and

(b)the Speaker of the House of Representatives,

hereby make the following Regulations under the Public Service Act 1922-1968.

Dated this thirty-first day of October, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

B.M. Snedden

Minister of State for Immigration for and on behalf of the

Prime Minister.

_______

 

Amendments of the Public Service (Parliamentary Officers) Regulations

Parte.

1. Regulation 3 of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation inserted in its stead:—

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

Part I.—Preliminary (Regulations 1-6).

Part II.—Administration.

Division I.—Attendance and Duties of Officers (Regulations 7-35).

Division II.—Leave of Absence and Holidays (Regulations 36-47).

Division III.—Miscellaneous (Regulations 49-54).

Part III.—Allowances.

Division I.—General Allowances (Regulations 55-70d).

Division II.—Assistance with Studies (Regulations 70e-70k).

Part IV,—Salaries (Regulations 71-72a).

Part V.—Variations of Salaries—Officers of Second, Third and Fourth Divisions (Regulation 73).

Part VI.—Promotions and Transfers (Regulations 76-83).

Part VII.—Temporary Employment (Regulations 84-89).

Part VIII.—Miscellaneous (Regulations 90-91).”.

_____________________________________________________________________________

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1941, No. 18, as amended by Statutory Rules 1941, No. 309; 1942, No. 249; 1947, Nos. 13, 62, 154 and 165; 1951, Nos. 26, 27, 78 and 117; 1952. No. 54; 1953, Nos. 72 and 94; 1954, Nos. 86 and 120; 1955, No. 44; 1956, Nos. 56 and 57; 1957, No. 26; 1958, Nos. 19, 44 and 66; 1959, No. 61; 1960, Nos. 78 and 92; 1961, No. 98; 1962, No. 6; 1963, Nos. 3, 66, 83, 119 and 123; 1964, Nos. 41, 42, 80, 132 and 148; 1965, Nos. 43. 53, 118, 150 and 181; 1966, Nos. 59, 60, 92, 122, 143 and 161; 1967, Nos. 38, 73, 95 and 156; 1968, Nos. 56, 84, 93, 116, 137 and 157; and 1969, No. 75.

20969/69—Price 15c  15/18.9.1969

Repeal of regulations 14 and 15.

2. Regulations 14 and 15 of the Public Service (Parliamentary Officers) Regulations are repealed.

Heading to Part III.

3. The heading to Part III. of the Public Service (Parliamentary Officers) Regulations is repealed and the following heading inserted in its stead:—

 

“Part III.—Allowances.

Division I.—General Allowances..

Meal allowances.

4. Regulation 55 of the Public Service (Parliamentary Officers) Regulations is amended by omitting from sub-regulation (1.) the symbol and figures “$1.25” and inserting in its stead the symbol and figures “$1.45”.

Rates of travelling allowances.

5.—(1) Regulation 57 of the Public Service (Parliamentary Officers) Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Where salary or maximum salary of office is—

Allowance per day of first twenty-one days’ residence

Males

Females

Capital cities

$

$7,760 and under................

$7,358 and under.................................................................

12.15

$7,761 and not exceeding $9,499.................................

$7,359 and not exceeding $9,097........................................

15.40

$9,500 and over..................

$9,098 and over....................................................................

21.00

Other than Capital cities

$

$9,499 and under...............

$9,097 and under.................................................................

9.50

$9,500 and over..................

$9,098 and over....................................................................

13.00

(2.) Regulation 57 of the Public Service (Parliamentary Officers) Regulations is amended by omitting from sub-regulation (2.) the symbol and figures “$16.50” and inserting in its stead the symbol and figures “$21.00”.

Allowance payable for use, for official purposes, of private vehicle.

6. Regulations 68a and 68b of the Public Service (Parliamentary Officers) Regulations are repealed and the following regulations inserted in their stead:—

“68a.—(1.) Each period of twelve months ending on the thirtieth day of June in a year is a prescribed period for the purposes of this regulation.

“(2.) The Permanent Head may authorize an officer to use for official purposes, during the period specified in the authority, his motor vehicle if the Permanent Head is satisfied that the use by the officer of the motor vehicle would result in greater efficiency or involve the Commonwealth in less expense than would be the case if public transport or a vehicle owned by the Commonwealth were used.

“(3.) An authority given under sub-regulation (1.) of regulation 68a of these Regulations as in force immediately before the commencement of these Regulations authorizing the use for official purposes of an officer’s motor vehicle in a period that has not expired before that commencement shall be deemed to be an authority given under the last preceding sub-regulation.

“(4.) An officer who uses his motor vehicle in pursuance of an authority given under sub-regulation (2.) of this regulation or of an authority referred to in the last preceding sub-regulation shall be paid an allowance for each mile that the vehicle travels after the commencement of this regulation in a prescribed period at whichever of the rates specified in the table in this sub-regulation is applicable:—

 

Type of vehicle

Rate of payment per mile for each mile in the first 6,000 miles travelled in the prescribed period

Rate of payment for every other mile travelled in the prescribed period

Motor truck having a carrying capacity of 1 ton or over.........

15.8 cents

11.8 cents

Motor car or motor truck having a carrying capacity of less than 1 ton, the engine of which has 6 cylinders.......................

17.5 cents

12.1 cents

Motor car or motor truck having a carrying capacity of less than 1 ton, the engine of which has 6 cylinders.......................

11.4 cents

8.2 cents

Motor car or motor truck having a carrying capacity of less than 1 ton, the engine of which has 4 cylinders or less............

9.5 cents

7.0 cents

Motor cycle the engine capacity of which, is, or is greater than, 250 cubic centimetres...............................................................

6.1 cents

4.8 cents

Any other motor cycle..............................................................

4.0 cents

3.3 cents

“(5.) Where an officer satisfies the Parliamentary Head that the amount of the allowance payable under the last preceding sub-regulation and, where applicable, the amount of any additional allowance payable under regulation 68c of these Regulations, in a prescribed period or, if the Parliamentary Head approves, in any other lesser period, is insufficient to meet the amount of the expenses reasonably incurred in that period and paid by the officer by reason of the use of the motor vehicle for official purposes, the Parliamentary Head may grant to the officer an additional allowance equal to the amount by which the amount of those expenses exceeds the amount of the allowance.

“(6.) Where an officer to whom an authority under this regulation has been granted uses his car for official purposes and by reason of that use the officer is required, under the law in force in the State or Territory in which the motor vehicle is registered, to pay a fee for the registration of the motor vehicle that exceeds the fee that he would otherwise have been required to pay under that law for the registration of the motor vehicle if the motor vehicle was not used or not to be used for official purposes, the officer shall be paid by way of reimbursement an amount equal to the amount of the excess.

“(7.) A reference in the last preceding sub-regulation to a fee for the registration of a motor vehicle shall not be read as including an amount payable as an insurance premium in respect of the motor vehicle.

Allowance for use of private vehicles on specified journeys.

“68b.—(1.) Where—

(a) an officer is entitled under regulation 82 of these Regulations to the actual cost of conveyance of himself or of himself and his family from one place to another;

(b)an officer who is not authorized under the last preceding regulation to use his motor vehicle for official purposes is required to travel for official purposes; or

(c) an officer who has been temporarily transferred from one place to another returns to the place in which he is permanently stationed for the purpose of taking recreation leave,

the Permanent Head may grant to the officer permission to use a motor vehicle owned or hired by the officer for travelling in whichever of the circumstances specified in this regulation is applicable to the officer if the Permanent Head is satisfied that the use by the officer of the motor vehicle will not result in the officer taking more time on the journey than he would otherwise take if permission under this sub-regulation were not granted orthat the result of granting the permission would not otherwise be contrary to the interests of the Commonwealth.

 

“(2.) Subject to regulation 68d of these Regulations, an officer who uses a motor vehicle owned or hired by him in pursuance of a permission granted under the last preceding sub-regulation shall be paid an allowance for each mile that the vehicle travels in the circumstances in respect of which the permission has been granted at whichever of the rates specified in the table in this sub-regulation is applicable:—

Type of vehicle

Rate of payment per mile

Motor truck of 1 ton capacity or over....................................................................................

11.8 cents

Motor car or motor truck of less than 1 ton capacity the engine of which has 8 cylinders....

12.1 cents

Motor car or motor truck of less than 1 ton capacity the engine of which has 6 cylinders....

8.2 cents

Motor car or motor truck of less than 1 ton capacity the engine of which has 4 cylinders or less..........................................................................................................................................

7.0 cents

Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres........

4.8 cents

Any other motor cycle............................................................................................................

3.3 cents

7. After Regulation 70d of the Public Service (Parliamentary Officers) Regulations the following Division is inserted in Part III.:—

Interpretation.

Division II.Assistance with Studies.

“70E.—(1.) In this Division—

‘course of study’ means a course of study, approved by the Parliamentary Head, being a course of study for a degree, diploma or certificate of an institution;

‘fees’ means the enrolment, tuition and examination fees that a person enrolled for a course of study at an institution is required to pay to be allowed to undertake that course and includes fees that all persons, or all persons forming a particular class of persons, at that institution are required to pay but does not include graduation fees, fees payable as a result of a failure by a person to enrol by a specified time or any amount payable by a person by reason of some act or omission on his part;

‘institution’ means—

(a) a university;

(b) a technical school or technical college; or

(c) any other place of education approved by the Parliamentary Head.

“(2.) An officer who is undertaking a course of study for the purposes of presenting himself at the examinations conducted by a body or organization approved by the Parliamentary Head, being a body or organization that conducts examinations for the purposes of enabling persons to obtain qualifications required for a profession, trade or calling, shall, for the purposes of this Division, be deemed to be undertaking a course of study for a diploma or certificate of an institution.

“(3.) An officer who completes a course of study, or passes an examination, to qualify himself to undertake a course of study for a degree of Doctor or Master of a University or for a post-graduate diploma at an institution shall be deemed to have completed a course of study for the purposes of this Division.

“(4.) In this Division, a reference to a prescribed period means the period of twelve months commencing on the first day of January in each year or such longer period as the Parliamentary Head determines in relation to a particular course of study or a particular subject.

Approved students.

“70F.—(1.) An officer who has enrolled for a course of study at an institution during a prescribed period may apply to his Permanent Head to be approved as a student who, subject to compliance with this Division, is entitled to reimbursement of fees paid by him in that period.

“(2.) The Permanent Head may approve an application under the last preceding sub-regulation, and, in considering whether to approve such an application, the Permanent Head shall take into account—

(a)whether the number of subjects that the officer proposes to undertake in the year in which the application is in de and in subsequent years will result in the officer completing his course of study within a reasonable time; and

(b) in the case of—

(i) an officer who is undertaking a course of study for a diploma or certificate at an institution other than a university; or

(ii) an officer who, having completed a course of study for one degree, diploma or certificate, is undertaking a further course of study,

whether the successful completion by the officer of the course of study or the further course of study will result in the officer becoming more efficient as an officer of the Commonwealth Service and whether it is in the interests of the Commonwealth Service that officers should possess the qualifications to be obtained by the successful completion of the course of study or the further course of study.

Reimbursement of fees.

“70g.—(1.) Subject to this Division, an officer whose application under the last preceding regulation has been approved by his Permanent Head is entitled to reimbursement of the fees paid by him in the prescribed period to which the approval relates if—

(a)he furnishes to his Permanent Head a certificate given by the registrar or other appropriate officer of the institution at which he is or was enrolled for his course of study setting out—

(i) that he has passed the examinations in all the subjects of his course of study for which he was enrolled during the prescribed period and has complied with any other requirements specified by the institution at which he has undertaken or is undertaking his course in relation to all or any of those subjects; or

(ii) that he has complied with the requirements specified by the institution for the degree, diploma or certificate of the course of study that he has undertaken in a case where the satisfactory completion of his course does not depend upon the passing of examinations;

(b) his conduct, diligence and efficiency have—

(i) during the previous twelve months; or

(ii) during the period that he has been an officer, whichever is the lesser period, been satisfactory; and

(c) he was an officer at the date on which he sat for the final examinations, or the first of the final examinations, in the subjects that he was undertaking in the prescribed period and at the date on which he furnished to his Permanent Head the certificate referred to in paragraph (a) of this sub-regulation.

“(2.) Where an officer furnishes to his Permanent Head a certificate given by the registrar or other appropriate officer of the institution at which he was enrolled for his course of study setting out that the officer has passed the examinations in some but not all of the subjects of his course of study for which he was enrolled during the prescribed period, his Permanent Head may, if the officer has complied with all the other requirements of the last preceding sub-regulation, authorize the reimbursement to the officer of the fees paid by him in respect of the subjects in which he has passed in the prescribed period if, in the opinion of his Permanent Head, the number of subjects in which he has passed was reasonable having regard to—

(a) the number of subjects undertaken by the officer in the prescribed period; and

(b) the number of subjects undertaken in that period by other persons enrolled for the same or a similar course of study.

Deferment of reimbursement Until confirmation of appointment.

“70h.—(1.) Subject to the next succeeding sub-regulation, payment of an amount under this Division to an officer whose appointment has not been confirmed under section 47 of the Act shall not be made unless and until the appointment of the officer is confirmed under that section.

“(2.) Where—

(a)an officer would, but for the operation of the last preceding sub-regulation, be entitled under this Division to be reimbursed the fees paid by him; and

(b) under section 47 of the Act, the Parliamentary Head, after the officer has furnished a certificate referred to in the last preceding regulation, annuls the appointment of the officer on the ground only that he is not satisfied as to his health,

the officer is entitled to be reimbursed, in accordance with this Division, the fees paid by him as if his appointment had been confirmed by the Parliamentary Head under that section.

Scholarship holder not eligible for reimbursement.

“70j. An officer is not eligible to receive reimbursement of fees under this Division if—

(a)those fees have been paid by the Commonwealth;

(b)those fees have been paid by reason of the grant to the officer of an award or scholarship under the terms of which the fees of the holder at an institution are payable; or

(c) the officer is entitled to have those fees paid by reason of the grant of an award or scholarship under the terms of which the fees of the holder at an institution are payable.

Review by Parliamentary Head.

“70k.—(1.) Where—

(a)the Permanent Head has not approved an application by an officer under regulation 70f of these Regulations;

(b) the officer has not been reimbursed the fees paid by him on the ground that his conduct, diligence or efficiency in the period referred to in paragraph (b) of sub-regulation (1.) of regulation 70g of these Regulations has not been satisfactory, or

(c) the Permanent Head has not, under sub-regulation (2.) of regulation 70g of there Regulations, authorized the reimbursement to the officer of the fees paid by him,

the Permanent Head shall, upon the request in writing of the officer, refer the matter to the Parliamentary Head.

“(2.) Where a matter has been referred to the Parliamentary Head under the last preceding sub-regulation, the Parliamentary Head shall, if he considers that the circumstances so warrant, direct—

(a)that the application of the officer be approved;

(b) that the officer be reimbursed the fees paid by him; or

(c) that reimbursement of the fees paid by the officer be authorized under sub-regulation (2.) of regulation 70g of these Regulations,

as the case requires.”.

Salaries payable to officers of Second and Third Divisions.

8. Regulation 71 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting the table in sub-regulation (4.) and inserting in its stead the following table:—

Age of officer

Rate of annual salary

$

Under 18 years.......................................................................................................................

1.463

18 years..................................................................................................................................

1,706

19 years..................................................................................................................................

1,943

20 years..................................................................................................................................

2,180

 

(b)by omitting the table in sub-regulation (5.) and inserting in its stead the following table:—

Age of officer

Rate of annual salary

$

Under 18 years.......................................................................................................................

1,311

18 years..................................................................................................................................

1,496

19 years..................................................................................................................................

1,674

20 years..................................................................................................................................

1,834

(c) by omitting sub-regulation (8.).

Salaries and allowances of officers of the Fourth Division,

9. Regulation 72 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The scale of rates of annual salary payable to an officer who occupies an office of Accounting Machinist (Female), Grade 1, or Typist (Female), Grade 1, is $1.077-$1,216-$1,389-$1,552-$1,701-$1,862-$1,921-$1,979-$2,038.”;

(b) by omitting the table in sub-regulation (4.) and inserting in its stead the following table:—

Age of officer

Annual rate of salary

$

Under 17 years.....................................................................................................................

1,077

17 years................................................................................................................................

1,216

18 years................................................................................................................................

1,389

19 years................................................................................................................................

1,552

20 years................................................................................................................................

1,701

21 years and over.................................................................................................................

1,862

(c) by omitting the table in sub-regulation (5.) and inserting in its stead the following table:—

Period of service

Rate of annual salary

$

Less than one year...............................................................................................................

1,077

One year but less than two years.........................................................................................

1,216

Two years but less than three years ....................................................................................

1,389

Three years but less than four years....................................................................................

1,552

Four years but less than five years......................................................................................

1,701

Five years but less than six years........................................................................................

1,862

Six years but less than seven years......................................................................................

1,921

Seven years but less than eight years..................................................................................

1,979

Eight years or more.............................................................................................................

2,038

(d) by omitting from paragraph (a) of sub-regulation (7.) the symbols and figures “$68.00” and “$1,834.00” and inserting in their stead the symbols and figures “$87.00” and “$2,038.00” respectively;

(e) by omitting the table in paragraph (b) of sub-regulation (7.) and inserting in its stead the following table:—

Highest shorthand speed in words per minute

Annual rate of allowance

$

80.........................................................................................................................................

87

100.......................................................................................................................................

174

120.......................................................................................................................................

262

(f) by omitting the table in sub-regulation (8.) and inserting in its stead the following table:—

Age of officer

Annual rate of salary

Male

Female

$

$

Under 17 years...............................................................................................

1,039

970

17 years..........................................................................................................

1,263

1,096

18 years..........................................................................................................

1,471

1,252

19 years..........................................................................................................

1,693

1,399

20 years..........................................................................................................

1,894

1,532

 Variation of salaries,

10. Regulation 73 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Class of officer

Amount of increase

$

Male officers under 18 years..............................................................................................

115

Male officers aged 18 years................................................................................................

137

Male officers aged 19 years................................................................................................

171

Male officers aged 20 years................................................................................................

205

Male officers aged 21 years and over.................................................................................

228

Female officers under 18 years...........................................................................................

115

Female officers aged 18 years............................................................................................

125

Female officers aged 19 years............................................................................................

148

Female officers aged 20 years............................................................................................

165

Female officers aged 21 years and over.............................................................................

202

(b) by omitting the table in sub-regulation (4.) and inserting in its stead the following table:—

Rate of annual salary

Amount of increase

 $

$

1,077....................................................................................................................................

115

1,216....................................................................................................................................

115

1,389....................................................................................................................................

125

1,552....................................................................................................................................

148

1,701....................................................................................................................................

165

1,862 or more......................................................................................................................

202

Second Schedule—Part I.

11. Part I. of the Second Schedule to the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting item 25 and inserting in its stead the following item:—

“25

Principal Cook..................................................

3,379–3,465–3,553–3,641”;

(b) by omitting item 37 and inserting in its stead the following item:—

“37

Senior Storeman................................................

2,892-2,982-3,072”;

and

(c) by omitting item 41.

Second Schedule—Part II.

12. Part II. of the Second Schedule to the Public Service (Parliamentary Officers) Regulations is amended by omitting item 1 and inserting in its stead the following item:—

“1

 Chef.................................................................

5,077”.

         

Printed for the Government of the Commonwealth by W. G. Murray at the

Government Printing Office, Canberra

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0