Commonwealth Public Service (Parliamentary Officers) Regulations (Amendment)

Overview

The Statutory Rules of 1947, No. 154, made under the Commonwealth Public Service Act 1922-1947, amend the Commonwealth Public Service (Parliamentary Officers) Regulations by introducing a new regulation that adjusts the salaries of parliamentary officers based on changes in the cost of living. This regulation was enacted by the Governor-General, W. J. McKell, on the advice of the Federal Executive Council and following recommendations by the President of the Senate and the Speaker of the House of Representatives. The intent behind this regulation is to ensure that salaries of parliamentary officers are adjusted in response to fluctuations in the cost of living, maintaining their purchasing power in line with inflation as measured by the weighted average retail price index number for the six State capital cities. This regulation is a response to the need for a systematic and fair approach to adjusting salaries in the public service to keep pace with economic changes.

Scope and Application

The Statutory Rules of 1947, specifically Regulation No. 1947, pertains to the Commonwealth Public Service Act 1922-1947, governing adjustments in salaries of parliamentary officers based on the cost of living. This regulation applies to parliamentary officers within the federal government, specifically targeting their remuneration as outlined in Part IV of the Commonwealth Public Service (Parliamentary Officers) Regulations. It is a Commonwealth-wide regulation, extending its reach across all states and territories within Australia, thereby impacting a significant portion of the federal public service. The regulation allows for decreases or increases in salaries depending on the weighted average retail price index number for the six state capital cities, with specific thresholds and corresponding adjustments detailed in the regulation. It does not explicitly exclude any categories of officers from its purview but focuses on those whose salaries are subject to variation based on the cost of living index. Subordinate instruments may extend or clarify the application of this regulation.

Key Provisions

The primary operative section of this legislation, Regulation 75, establishes the process for varying the salaries of parliamentary officers based on changes in the cost of living, as measured by the index number derived from the weighted average retail price index numbers for the six state capital cities. If the index number falls below 81.7 for the six months ending on March 31st or September 30th of any year, salaries are reduced according to the specified index number groups, with different reductions applying to adult males, adult females, and officers under 21 years of age (subsections (2) and (3)). Conversely, if the index number exceeds 83.9, salaries are increased in a manner that mirrors the reduction process (subsections (4) and (5)). Additionally, certain fixed annual amounts are added to the salaries after any variations have been made, with these amounts considered part of the salary for all purposes (subsection (6)). This Act imposes several obligations on the parties it governs. Firstly, it requires the calculation and monitoring of the index number as defined, which is the weighted average retail price index number for the six state capital cities. This index number is crucial as it dictates whether salaries should be increased or decreased. Secondly, it mandates that any salary variations be implemented from the commencement of the first fortnightly pay period beginning in May or November following the period in which the index number is assessed. Thirdly, it specifies the exact amounts by which salaries should be adjusted based on the index number, ensuring transparency and predictability in salary changes. The Act also delineates consequences for non-compliance with its provisions. However, it does not explicitly mention any offences, penalties, or specific legal consequences for breach. The focus of the regulation is on the automatic adjustment of salaries based on the index number, rather than on punitive measures for non-compliance. This implies that the primary concern is maintaining equitable salary adjustments in line with the cost of living, rather than penalising non-compliance. Given the administrative nature of the regulation, the absence of punitive measures suggests that the emphasis is on compliance through clear, predefined processes rather than through sanctions.