Commonwealth Public Service (Parliamentary Officers) Regulations (Amendment)

Legislation au C1934L00085 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 85.

_________

REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1933.

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 Commonwealth Public Service Act 1922-1933.

Dated this eighteenth day of July, 1934.

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

for the Prime Minister.

________

Amendments of Commonwealth Public Service (Parliamentary Officers) Regulations.

(Statutory Rules 1931, No. 153, as amended to this date.)

1. Regulation 39 is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

“(1) Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner:

Provided that the Permanent Head may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of three days in the aggregate in any twelve months, subject to any continuous period of leave so granted not exceeding two days.”.

2. After regulation 51 the following regulation is inserted:—

Exemption from State laws in certain cases.

“52.—(1) Any payment or allowance, made by the Commonwealth to an officer in pursuance of these Regulations, or under the authority of the Parliamentary Head, in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of any State law relating to (motor vehicles, transport or traffic, and the officer shall not be required to obtain any licence or permission or to pay any fee or tax under any State law by reason of the fact that he receives or is entitled to receive such payment or allowance.

(2) In this regulation ‘officer’ means any person employed in any capacity in the Parliamentary Service and includes a person temporarily employed.”

1868.—6/28.6.1934.—Price 3d.


3. Regulations 54, 55 and 56 are repealed, and the following regulations inserted in their stead:—

Basis of calculation of allowances.

“53a.—(1) For the purpose of calculating any allowance payable to an officer under this Part, the maximum salary of the position occupied by the officer shall not be deemed to be affected or varied by the provisions of the Financial Emergency Act 1931-1933, or to have been varied since the 1st July, 1926, by the provisions of regulation 72.

(2) Where any allowance under this Part is payable for less than a day, the allowance shall be at an hourly rate of one twenty-fourth part of the daily rate or one hundred and sixty-eighth part of the weekly rate, as the case may be.

Rates of travelling allowances.

54.—(1) Subject to these Regulations, the following shall be the scale of travelling allowances for all officers and temporary employees:—

Where Maximum Salary of Position is.

Allowance Capital Cities.

Allowance other than Capital Cities.

First Fourteen Days’ Residence.

After Fourteen Days’ Residence.

First Fourteen Days’ Residence.

After Fourteen Days’ Residence.

Married Officer.

Unmarried Officer.

Married Officer.

Unmarried Officer.

 

Per day.

Per week.

Per week.

Per day.

Per week.

Per week.

 

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

£312 and under..

12

0

42

0

30

0

10

6

35

0

25

0

£313 to £480....

14

6

50

0

35

0

12

0

42

0

30

0

£481 to £708....

17

0

63

0

40

0

14

6

50

0

35

0

£709 to £999....

20

0

70

0

45

0

17

0

63

0

40

0

£1,000 and over..

*

*

*

*

*

*

* As may be determined from time to time by the Parliamentary Head.

(2) The minimum travelling allowance payable to officers acting as members of an Appeal Board or a Board of Inquiry shall be at the rate of 14s. 6d. a day.

(3) Where allowance has been paid under this regulation for eight weeks’ residence in one locality, the Permanent Head shall submit the case to the Parliamentary Head for review. No such allowance shall be continued beyond three months without the concurrence of the Parliamentary Head, and if, upon review, the Parliamentary Head considers the amount excessive, it shall be discontinued or reduced to such amount as the Parliamentary Head thinks fit.

(4) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation, in any case where an officer is not required to be absent from his head-quarters over night.

Allowances payable where officers travel by steamer or railway.

55. When officers travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which those officers would be entitled shall be allowed:

Provided that, where an officer is travelling by a steamer owned or chartered by the Commonwealth Government, the rate of allowance shall be determined by the Permanent Head, but such allowance shall not exceed one-quarter of the ordinary rate.


Allowances to be in addition to cost of conveyance.

56. All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowance may be claimed shall be computed from time of departure of to time of arrival on return of the train, steamer, or other conveyance by which officers travel:

Provided that in the case of an officer travelling on permanent transfer to whom the provisions of regulation 79 are applicable the period shall be computed to time of arrival at the place to which he has been transferred.”.

4. After regulation 57 the following regulation is inserted:—

Definition of married officer.

“57a. For the purpose of payment of travelling allowance, a married officer shall be deemed to include any unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Parliamentary Head, justify his inclusion.”.

5. Regulation 58 is amended by omitting therefrom the words “as a rule,”.

6. Regulation 61 is amended by adding at the end of sub-regulation (1) the following:—

“Provided further that no payment of allowance under this sub-regulation shall be made to an officer unless he makes written application to the Permanent Head for payment of allowance, and the allowance shall not be payable in respect of any period exceeding four months prior to the date upon which such application is forwarded to the Permanent Head.”.

7. Regulation 64 is repealed and the following regulation inserted in its stead:—

Car or cycle allowances, &c.

64.—(1) Officers who use their own motor trucks, motor cars or cycles for official purposes or when travelling on public business, or any officer whose motor truck, motor car or cycle is used for such purposes, may be allowed, in respect of such use, payment at the following rates:—

 

Per mile up to 5,000 miles in any twelve months.

 

Per mile after 5,000 miles in any twelve months.

 

s.

d.

 

s.

d.

Motor truck, 1-ton capacity or over......

0

6½

..

0

4½

Other motor truck.................

½ d. per mile above rate for car of similar horse-power.

Motor car over 12 horse-power.........

0

5½

..

0

3½

Motor car over 8 horse-power and not exceeding 12 horse-power 

0

4½

..

0

2½

Motor car 8 horse-power or under.......

0

4

..

0

2

Motor cycle with side car............

0

3

..

0

1½

Motor cycle.....................

0

1¾

..

0

1

In respect of the use of a bicycle the allowance shall be at the rate of 3d. per mile, subject to reduction to 1 ½d. per mile, after the first 20 miles on any journey exceeding that distance.


(2) The Parliamentary Head may increase the rates prescribed by this regulation in any case in which he is satisfied that they are inadequate.

(3) An officer shall not be entitled to an allowance under this regulation unless it is shown that the use of a motor truck, motor car, motor cycle or bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.”.

8.—(1.) Regulation 67 is amended—

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

“(4) Any officer appointed, transferred or promoted to an office in Canberra prior to the fourteenth day of May, 1931, who purchased or built a house in Canberra prior to that date, shall be paid such allowance, if any, as the Parliamentary Head from time to time determines;” and

(b) by omitting sub-regulation (4a).

(2.) This regulation shall commence on the first day of July, 1934.

9. Regulation 82 is amended by inserting after the word “married” in paragraph (a) the words “or who, having been married, is supporting a child of his marriage who is under the age of fourteen years”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Commonwealth Public Service (Parliamentary Officers) Regulations 1934 were enacted to address the need for clear and consistent guidelines in the administration of leave, allowances, and other entitlements for officers within the Parliamentary Service. These regulations were introduced under the authority of the Commonwealth Public Service Act 1922-1933, with the aim of providing a structured framework for the management of public servants in the parliamentary context. The regulations were made by the Governor-General in accordance with advice from the Federal Executive Council, based on the recommendations of the President of the Senate and the Speaker of the House of Representatives. The primary objective of these regulations is to ensure that the entitlements of officers are fairly and transparently managed, with specific provisions addressing the certification of leave due to illness, exemption from state laws regarding motor vehicle use, and the calculation of allowances for travel and other official duties.

Scope and Application

The Statutory Rules of 1934, No. 85, made under the Commonwealth Public Service Act 1922-1933, provide for various amendments and additions to the existing Commonwealth Public Service (Parliamentary Officers) Regulations. The regulations apply to officers employed in the Parliamentary Service, including those who are temporarily employed, and govern matters such as leave of absence, allowances, and exemptions from state laws. The regulations are designed to address specific aspects of the service, such as the provision of medical certificates for leave of absence, the exemption of certain payments from state laws, the calculation of allowances, and the rates of travelling allowances. Notably, the regulations provide exemptions from state laws for payments or allowances made by the Commonwealth to officers for the use of a motor vehicle, thereby relieving officers from obtaining state licences or permissions and paying related fees or taxes. The regulations also stipulate detailed scales for travelling allowances based on the maximum salary of the position occupied by the officer, and provisions for allowances related to the use of personal motor vehicles for official purposes. These regulations extend the scope of the existing legislative framework to refine and enhance the administrative processes within the Parliamentary Service. The regulations also incorporate amendments to existing regulations and introduce new provisions to ensure clarity and consistency in the application of allowances and exemptions. The scope of the regulations is national, given that they pertain to the Commonwealth Public Service, and they apply across the Commonwealth, thereby affecting officers employed in various capacities within the Parliamentary Service throughout Australia. The regulations do not explicitly state any exclusions or thresholds, but they do specify certain conditions under which allowances may be granted or adjusted, thereby delineating the circumstances in which the regulations apply. Through these regulations, the Commonwealth seeks to provide a structured and equitable framework for the administration of allowances and exemptions for officers within the Parliamentary Service.

Key Provisions

The main provisions of these Regulations under the Commonwealth Public Service Act 1922-1933 primarily amend and update existing rules concerning leave of absence, motor vehicle allowances, and other entitlements for officers within the Parliamentary Service. Firstly, Regulation 39 now requires that applications for leave of absence on the ground of illness must be supported by a certificate from a qualified medical practitioner, although the Permanent Head may grant up to three days of leave without such a certificate within any twelve-month period (Reg. 39(1)). Secondly, Regulation 52 provides that payments or allowances made by the Commonwealth in respect of motor vehicle use are exempt from State laws, meaning officers do not need to obtain any State licences or pay fees or taxes under State motor vehicle laws (Reg. 52(1)). Thirdly, the Regulations detail new scales and rules for calculating allowances, including allowances for travelling and use of motor vehicles (Regs. 53a–56). These include specific rates based on the maximum salary of the officer's position and additional allowances for officers who travel by steamer or railway (Regs. 53a, 54, 55). Officers are also entitled to allowances for using their own motor vehicles for official purposes (Reg. 64). The Regulations impose several obligations on officers within the Parliamentary Service. For instance, officers must provide a medical certificate for leave of absence beyond the three days permitted without one (Reg. 39(1)). They must also apply in writing to the Permanent Head for certain allowances, such as those for motor vehicle use, and such applications must be made within four months of the period for which the allowance is claimed (Reg. 61). Additionally, officers must demonstrate that the use of their own motor vehicles for official purposes results in greater efficiency and savings than other means of conveyance (Reg. 64(3)). Failure to comply with the requirements of these Regulations may have civil or administrative consequences. For example, an officer who does not provide a medical certificate for leave of absence beyond the permitted three days without one may face disciplinary action or denial of the leave. Similarly, failure to apply in writing for certain allowances within the specified timeframe may result in the disallowance of the allowance claim. Furthermore, if an officer uses their motor vehicle for official purposes without demonstrating that it results in greater efficiency and savings, they may not be entitled to the allowance. Although the Regulations do not explicitly state penalties for these breaches, non-compliance could lead to administrative sanctions or denial of entitlements.

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