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

STATUTORY RULES 1951, No. 117.(l)

Hours of duty.

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

(a) by inserting, after the word “Service”, the words “(other than the Parliamentary Library)”; and

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

“(2.) The normal hours of duty of officers of the Parliamentary Library shall be thirty-six and three-quarters hours per week.

“(3.) The normal hours of duty shall be worked—

(a)from nine o’clock in the morning to four forty-five o’clock in the afternoon on each day of the week from Monday to Friday (inclusive) and from nine o’clock in the morning to twelve noon on Saturday;

(b)for such period of time between the hours of eight o’clock in the morning and six o’clock in the afternoon on each day of the week from Monday to Friday (inclusive) as the Parliamentary Librarian directs in relation to any officer or class of officers; or

(c)where the nature of the duties of any officer or class of officers does not permit of attendance for duty as prescribed by the last two preceding paragraphs, for such other period of time as the Parliamentary Librarian directs,

with an interval of one hour for luncheon on each day from Monday to Friday (inclusive).

 

(l) Made under the Public Service Act 1922-1950 on 2nd October, 1951; notified In Gazette on 11th October, 1951.

 

“(4.) Where the Parliamentary Librarian has given a direction under the last preceding sub-regulation that the normal hours of duty of a class of officers shall be from Monday to Friday (inclusive), but requires the attendance, in rotation, of officers of that class for duty on Saturday mornings, an officer of that class who performs duty on a Saturday morning shall be allowed time off duty equal to the time for which the officer has performed duty on the Saturday morning.

“(5.) Time off duty allowed in pursuance of the last preceding sub-regulation shall, if practicable, be allowed during the week immediately following the Saturday on which duty is performed.

“(6.) The Parliamentary Librarian may direct any officer of the Parliamentary Library to perform duty during hours other than the officer’s normal hours of duty.”.

Overtime— Departments other than Parliamentary Library.

2. Regulation 65 of the Public Service (Parliamentary Officers) Regulations is amended by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) For the purposes of this regulation—

(a) ‘officer’ means an officer of the Fourth Division of the Parliamentary Service not being—

 (i) an officer of the Parliamentary Library; or

(ii) an officer entitled to payment in respect of overtime under a determination made by the Public Service Arbitrator.

(b)‘sitting day’ means a day on which the Senate or the House of Representatives meets, and, whenever a meeting of the Senate or the House extends after midnight, includes the part of the next succeeding day during which an officer is required to perform duty during or immediately after the conclusion of that meeting; and

(c) any reference to an officer’s period of duty does not include any time within that period for which he is allowed time off duty for the purpose of meals.

“(2.) An officer who is required to perform duty for a period in excess of ten hours on a sitting day shall be entitled, in addition to his salary, to payment in accordance with this regulation.”.

3. After regulation 65 of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted:—

Overtime— Officers of the Parliamentary Library.

“65A.—(1.) In this regulation—

‘officer’ means an officer of the Parliamentary Library;

‘overtime’ means—

(a) in the case of an officer whose normal hours of duty are worked from Monday to Friday (inclusive) in each week, duty performed—

 (i) before eight o’clock in the morning or after six o’clock in the afternoon on any day from Monday to Friday (inclusive);

 

 (ii) between eight o’clock in the morning and six o’clock in the afternoon on any day from Monday to Friday (inclusive), if the officer completes his normal hours of duty and performs duty after six o’clock in the afternoon on that day;

(iii) in excess of thirty-eight hours in the period from Monday to Friday (inclusive) in any week during the hours between eight o’clock in the morning and six o’clock in the afternoon, not being duty to which the last preceding sub-paragraph applies; or

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

(b)in the case of an officer whose normal hours of duty are worked on six days per week, duty performed—

 (i) before eight o’clock in the morning or after six o’clock in the afternoon on any day from Monday to Friday (inclusive);

 (ii) between eight o’clock in the morning and six o’clock in the afternoon on any day from Monday to Friday, if the officer completes his normal hours of duty and performs duty after six o’clock in the afternoon of that day;

(iii) after the completion by the officer of his normal hours of duty on a Saturday and before one o’clock in the afternoon if the officer performs duty after one o’clock in the afternoon on that day; or

(iv) in excess of thirty-eight hours per week during the hours between eight o’clock in the morning and six o’clock in the afternoon on the days from Monday to Friday (inclusive) and between eight o’clock in the morning and one o’clock in the afternoon on Saturday, not being duty to which sub-paragraph (ii) or sub-paragraph (iii) of this paragraph applies.

“(2.) Where an officer works overtime in accordance with a direction of the Parliamentary Librarian, or, if the circumstances do not admit of such a direction being given before the overtime is worked, the working of the overtime is subsequently approved by the Parliamentary Librarian, the officer shall be paid in respect of that overtime in accordance with this regulation.

“(3.) For the purpose of payment, overtime shall be calculated to the nearest quarter of an hour of the total period of overtime worked in each fortnightly pay period.

 

“(4.) Subject to sub-regulations (5.) and (6.) of this regulation, the hourly rate of overtime payment shall be calculated in accordance with the following formula:—

“(5.) The minimum rate of overtime payment shall be Two shillings per hour and the maximum rate of overtime payment shall be ascertained by calculating the rate payable to an officer in receipt of salary at the current equivalent of a salary at the rate of £812 per annum.

“(6.) The maximum amount payable in respect of overtime performed by an officer during a fortnightly pay period shall not exceed the difference between the amount of salary payable to an officer for a fortnightly pay period during which no overtime is performed and an amount calculated in accordance with the following formula:—

“(7.) For the purpose of the last preceding sub-regulation, ‘S’ is the current equivalent of a salary at the rate of £1,244 per annum in the case of a male officer and the current equivalent of a salary at the rate of £1,139 per annum in the case of a female officer.

“(8.) A male officer in receipt of a salary exceeding the current equivalent of a salary at the rate of £1,244 per annum and a female officer in receipt of a salary exceeding the current equivalent of a salary at the rate of £1,139 per annum shall not be entitled to payment for overtime.

“(9.) For the purpose of ascertaining the current equivalent of a rate of salary specified in this regulation, there shall he added to, or subtracted from, the amount so specified the amount of the increase or reduction, as the case may be, payable under regulation 75 of these Regulations.”.

Retrospective payments.

4.—(1.) Where an officer of the Parliamentary Library performed overtime during the period which commenced on the first day of June, 1951, and ended on the date of commencement of these Regulations, he shall, subject to the next succeeding sub-regulation, be entitled to payment for overtime performed in that period in accordance with the provisions of regulation 65Aof the Public Service (Parliamentary Officers) Regulations as inserted by the last preceding regulation.

(2.) In calculating the payment of overtime performed in that period—

(a) sub-regulation (5.) of that regulation shall be applied as if the words “salary at the current equivalent of a salary at the rate of £812 per annum” were omitted and the words “an actual salary at the rate of £854 per annum” were inserted in their stead;

 

(b) sub-regulation (7.) of that regulation shall be applied as if the words “the current equivalent of a salary at the rate of £1,244 per annum” and the words “the current equivalent of a salary at the rate of £1,139 per annum” were omitted and the words “an amount of £1,286” and the words “an amount of £1,171” were, respectively, inserted in their stead; and

(c) sub-regulation (8.) of that regulation shall be applied as if the words “a salary exceeding the current equivalent of a salary at the rate of £1,244 per annum” and the words “a salary exceeding the current equivalent of a salary at the rate of £1,139 per annum” were omitted and the words “an actual salary exceeding £1,286 per annum” and “an actual salary exceeding £1,171 per annum” were, respectively, inserted in their stead.

(3.) Expressions used in this regulation have the same meaning as in regulation 65Aof the Public Service (Parliamentary Officers) Regulations