STATUTORY RULES
1918. No. 313.
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COMMONWEALTH PUBLIC SERVICE REGULATIONS (SEVENTEENTH AMENDMENT 1918).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation, under the Commonwealth Public Service Act 1902-1917, to come into operation forthwith.
Dated this twenty-seventh day of November, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
A. POYNTON,
for Acting Prime Minister.
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Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1913, No. 341.)
Regulation 188 of the Public Service Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—
“(a) Where the law of a State required that they should assure their lives and increase the amount of assurance from time to time, they shall continue to keep up such assurance and increase the amount of assurance from time to time as if their service in the Commonwealth were a continuation of their service in the State, and whenever any such officers are transferred or promoted to offices the maximum salary of which is higher than that of the offices from which they were transferred or promoted, they shall increase the amount of their assurance in accordance with the scale prescribed in Regulation 171, or as the Commissioner otherwise determines:—
Provided that—
(1) where the maximum salary of any office is increased by an award of the Commonwealth Court of Conciliation and Arbitration or by an amendment of the Regulations an officer holding that office who immediately prior to the increase was assured in accordance with this regulation, shall not be required by reason of such increase to increase the amount of his assurance; and
(2) any officer who, on or after the 6th August, 1915, and before the commencement of this paragraph, increased the amount of his assurance in accordance with the law of a State in consequence of his salary having been raised by Award of the Commonwealth Court of Conciliation and Arbitration or by amendment of Public Service Regulations, may be allowed to reduce the amount of his assurance to the amount for which he would have been required to assure had this paragraph been in force during that period, if he makes application to the Chief Officer for permission so to reduce the amount of his assurance within three months after the commencement of this paragraph, or, if he is a member of the Expeditionary Forces, within three months after the date upon which he resumes duty in the Public Service.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Seventeenth Amendment) 1918 was enacted to address the specific needs of public servants whose salaries were subject to adjustments through awards by the Commonwealth Court of Conciliation and Arbitration or through amendments to the Public Service Regulations. This legislation was introduced to ensure that public servants who had previously been required by state laws to maintain life assurance in line with salary increases could continue to do so in a manner consistent with their service in the Commonwealth. The amendment sought to provide clarity and consistency in the management of life assurance for Commonwealth public servants, particularly in the context of salary adjustments and changes in employment status. The regulation was made under the authority of the Commonwealth Public Service Act 1902-1917, with the Governor-General acting on the advice of the Federal Executive Council. The policy objective was to provide a seamless transition for public servants in terms of maintaining their life assurance while ensuring that they were not unduly burdened by changes in their salary or employment conditions.
Scope and Application
The Commonwealth Public Service Regulations (Seventeenth Amendment 1918) applies to officers within the Commonwealth Public Service who are required to assure their lives under state laws, and it pertains specifically to the maintenance and adjustment of life assurance amounts in relation to changes in their employment status and salary within the Commonwealth service. This legislative instrument amends Regulation 188 of the Public Service Regulations to provide detailed provisions for the continuation and adjustment of life assurance for Commonwealth officers whose service continues from a state service, including adjustments based on salary increases determined by the Commonwealth Court of Conciliation and Arbitration or through amendments to the Public Service Regulations. The amendment also provides specific conditions under which officers may apply to reduce their assurance amounts if they previously increased them under state laws due to salary increases. The regulation applies nationally across the Commonwealth of Australia and does not explicitly exclude any categories of officers or circumstances, although it does set certain conditions for assurance adjustments and reductions. The application of the regulation may be further detailed or extended through subordinate instruments, which are not specified in the text provided.
Key Provisions
The main operative section of these regulations, Regulation 188, modifies the conditions under which public service officers are required to maintain life assurance. Specifically, it mandates that officers who were previously required by state law to insure their lives must continue to do so, increasing the coverage as their Commonwealth service salary increases (Regulation 188(a)). This amendment applies even if officers are transferred or promoted to positions with higher salaries, necessitating an increase in assurance in accordance with Regulation 171 or as determined by the Commissioner (Regulation 188(a)). However, if an officer's salary is increased by an award from the Commonwealth Court of Conciliation and Arbitration or by an amendment to the Public Service Regulations, they are not required to increase their assurance (Regulation 188(1)). Additionally, officers who increased their assurance under state law due to salary increases by the Commonwealth Court or Public Service Regulations before 6 August 1915 can apply to reduce their assurance to the level it would have been under these regulations if they applied to the Chief Officer within the specified timeframes (Regulation 188(2)).
These regulations impose specific obligations on public service officers, primarily concerning the maintenance and adjustment of life assurance policies. Officers must ensure they continue to insure their lives according to state laws, with increases tied to their Commonwealth service salaries (Regulation 188(a)). If their salary increases due to a Commonwealth Court award or regulatory amendment, they are exempt from increasing their assurance (Regulation 188(1)). Officers who previously increased their assurance under state law due to such salary changes can apply to adjust their assurance levels upon meeting the regulation's conditions (Regulation 188(2)).
The regulations do not explicitly state any offences, penalties, or consequences for non-compliance. However, failure to adhere to the specified procedures for maintaining or adjusting life assurance could potentially lead to disputes or administrative actions. For instance, if an officer does not increase their assurance as required or fails to apply for a reduction within the stipulated timeframe, they might face difficulties in their public service role, although specific penalties are not outlined in the text.