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

STATUTORY RULES.

1958. No. 19.

—————

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1957.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Public Service Act 1922-1957.

Dated this twenty-seventh day of March, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

For and on behalf of the Prime Minister.

————

Amendments of the Public Service (Parliamentary Officers) Regulations.

Hours of duty—Officers other than Officers of the Parliamentary Library and certain Officers of the Joint House Department.

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

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “thirty hours” and inserting in their stead the words “thirty-one hours”;

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

“(3.) The normal hours of duty of an officer shall be worked on each day of the week from Monday to Friday (inclusive)—

(a)within a period of twelve hours (inclusive of periods allowed off duty for meals); and

(b) between such times as are directed by the Permanent Head with the approval of the Parliamentary Head.”; and

(c) by omitting sub-regulation (7.).

Sequestration of estate.

2. Regulation 31 of the Public Service (Parliamentary Officers) Regulations is repealed.

 

* Notified in the Commonwealth Gazette on 31st March 1958.

 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; and 1957, No. 26.

3145/57.—Price 3d. 9/3.1.1958.

 

Meal allowances.

3. Regulation 55 of the Public Service (Parliamentary Officers) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Where an officer or employee is directed to remain on duty after 11.30 p.m. by reason of—

(a) a sitting of the Senate, the House of Representatives or a Parliamentary Committee; or

(b) the holding of a conference, or a function, the staffing of which has been approved by the Parliamentary Head,

and a meal is provided at the Parliamentary Refreshment Rooms for officers and employees who are so directed to remain on duty, the officer or employee shall be granted an allowance equal to the amount charged for the meal.”.

Overtime.

4. Regulation 65 of the Public Service (Parliamentary Officers) Regulations is amended—

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

“(a) in the case of an officer defined by regulation 8 of these Regulations—duty performed by the officer—

(i) in excess of the normal hours of duty of the officer for that day, not being duty during a period which is, by the operation of either of the next two succeeding sub-regulations, not to be taken into account in ascertaining the payment for overtime under this regulation; or

(ii) on a Saturday, not being duty for which time off duty is allowed under sub-regulation (4.) of regulation 8 of these Regulations;”;

(b) by inserting, after sub-regulation (1.) the following sub-regulations:—

“(1a.) Where an officer as defined by regulation 8 of these Regulations performs duty in excess of the normal hours of duty of the officer on a day (other than a Saturday) in a week which is not a sessional week for a period that does not exceed one hour, that period shall not be taken into account in ascertaining the period in respect of which payment is to be made for overtime under this regulation.

“(1b.) Where an officer as defined by regulation 8 of these Regulations performs duty in excess of the normal hours of duty of the officer on a day (other than a Saturday) in a week which is not a sessional week for a period which exceeds one hour but does not exceed two hours, a period of one hour shall not be taken into account in ascertaining the period in respect of which payment is to be made for overtime under this regulation.”;

 

(c) by inserting, after sub-regulation (8.), the following sub-regulation:—

“(9.) If, on any day, an officer defined by regulation 8 of these Regulations is absent on authorized leave for the whole or part of that day, the normal hours of duty of the officer for that day shall, for the purposes of calculating the amount of overtime payable to the officer for that day, be reduced by the number of hours that the officer was absent on authorized leave.”;

(d) by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) If a holiday occurs in any week—

(a) the number of hours specified in sub-paragraph (iii) of paragraph (b), in sub-paragraph (iv) of paragraph (c), or in paragraph (d), as the case requires, of the definition of ‘over-time’ in sub-regulation (1.) of this regulation shall, in that week, be reduced by the number of hours for which an officer would have been required to attend for duty if the day on which the holiday occurs was not a holiday; and

(b) regard shall not be had, for the purposes of this regulation, to any duty performed by the officer on the holiday.”; and

(e) by omitting from sub-regulation (11.) the words “in subparagraph (i) or (ii) of paragraph (a),”.

5. Regulation 65c of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation inserted in its stead:—

Payment for duty on a holiday.

“65c.—(1.) An officer who is required, in pursuance of sub-section (5.) of section 76 of the Act, to perform duty on a holiday shall, subject to this regulation, be paid in respect of that duty an amount ascertained in accordance with this regulation.

“(2.) Where an officer performs duty on a holiday and the duty is performed between the time when he would have commenced duty for the, day and the time when he would have ceased duty for the day if the day had not been a holiday, the officer shall be paid an amount ascertained by multiplying the number of hours during which the officer performs duty on the holiday by the hourly rate of salary of the officer.

“(3) Where an officer performs duty on a holiday and—

(a) the duty is performed before the time when he would have commenced duty for the day, or after the time when he would have ceased duty for the day, if the day had not been a holiday; or

 

(b) any duty performed by the officer on the holiday is duty which results in the officer performing duty in excess of the normal hours of duty of the officer for the week in which the holiday occurs,

the officer shall be paid an amount ascertained by multiplying the number of hours during which the officer performs duty on the holiday by twice the hourly rate of salary of the officer.

“(4.) If an amount ascertained in accordance with either of the last two preceding sub-regulations is less than an amount that is equal to one-half of a day’s salary payable to the officer, the officer shall be paid that last-mentioned amount.

“(5.) The hourly rate of salary of an officer shall be ascertained in accordance with the following formula:—

“(6.) For the purposes of sub-section (6.) of section 76 of the Act and of this regulation, a day’s salary payable to an officer for the performance of a full day’s duty on a holiday shall, subject to this regulation, be calculated by multiplying the hourly rate of salary of the officer ascertained in accordance with the last preceding sub-regulation by the number of hours of duty that the officer would have been required to perform if the holiday had been a day of the week on which the officer was required to perform his normal hours of duty for a full day.

“(7.) Where an officer performs on a holiday the duties of an office having a higher classification than his own, the annual salary of that officer shall, for the purposes of this regulation, include an allowance payable for the performance of those duties.

“(8.) Notwithstanding anything contained in this regulation, the hourly rate of salary for the purpose of this regulation shall not exceed—

(a) in the case of a male officer—the rate ascertained in accordance with sub-regulation (5.) of this regulation for an officer who is receiving a salary of £1,173 per annum; and

(b) in the case of a female officer—the rate ascertained in accordance with that sub-regulation for an officer who is receiving a salary of £1,019 per annum.

“(9.) The payment of an amount, or the granting of a period off duty, to a male officer whose salary exceeds £2,053 per annum or a female officer whose salary exceeds £1,899 per annum in consequence of his or her attendance and services during a holiday or half-holiday observed under section 76 of the Act shall be subject to the approval of the Parliamentary Head.

“(10.) In this regulation, ‘prescribed weekly hours of duty’ means—

(a) in relation to an officer defined by regulation 8b of these Regulations—forty hours; and

(b) in relation to any other officer—thirty-six and three-quarter hours.”.

 

Application of amendments.

6. Where the amount payable to an officer as defined by regulation 8 of the Public Service (Parliamentary Officers) Regulations for the overtime performed by him in the period which commenced on the eighteenth day of March, 1957, and ended on the day immediately before the commencement of these Regulations would, if the amendments of the Public Service (Parliamentary Officers) Regulations made by these Regulations had been in force during that period, have been greater than the amount payable for that overtime under the Public Service (Parliamentary Officers) Regulations as in force on the commencement of that period, payment for that overtime shall be made in accordance with the provisions of the Public Service (Parliamentary Officers) Regulations as amended by these Regulations.

—————————

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.