STATUTORY RULES.
1919. No. 40.
COMMONWEALTH PUBLIC SERVICE REGULATIONS (FOURTH AMENDMENT 1919).
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 1902-1918 to come into operation forthwith.
Dated this twenty-sixth day of February, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
WILLIAM WEBSTER,
For Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
Regulation 61 of the Public Service Regulations is amended, by omitting therefrom paragraph (k) of sub-regulation (7) and inserting the following paragraph in its stead:—
“(k) When overtime is computed on a weekly basis and an officer is absent on one or more days or half-days during the week on authorized leave or on account of public holidays or half-holidays, deductions as hereinafter provided shall be made from the number of hours to be worked before overtime can be claimed:—
(i) In the case of officers whose daily hours of duty are clearly defined by regulation, schedule, or otherwise, the deduction shall be the time which the officers would ordinarily have worked on such days or half-days;
(ii) In the case of officers whose daily hours of duty vary with the volume of work to be performed, a deduction at the rate of one-twelfth for a public half-holiday and one-sixth for a public holiday shall be made; provided that when a public holiday is proclaimed on a day on which an officer would ordinarily be required to attend for only portion of a day the deduction shall be the time which such officer would ordinarily have worked on that day.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Fourth Amendment 1919) is a statutory rule introduced to address specific gaps in the computation of overtime for Commonwealth public service officers. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council under the Commonwealth Public Service Act 1902-1918, this legislative instrument came into operation immediately upon its promulgation on 26 February 1919. The primary objective of this amendment was to provide a more equitable method for calculating overtime deductions in cases where officers are absent due to authorized leave or public holidays. This amendment sought to ensure that overtime claims are fairly adjusted based on the specific circumstances of the officer's absence, thereby rectifying inconsistencies in the previous regulations.
Scope and Application
The Commonwealth Public Service Regulations (Fourth Amendment 1919) applies to the officers within the Commonwealth public service, specifically those who may be eligible for overtime payments. These regulations address the computation of overtime and the necessary deductions when officers are absent from work due to authorized leave or public holidays. The amendment affects the computation of overtime on a weekly basis, detailing the specific deductions to be made when officers are absent on public holidays or authorized leave, depending on whether their daily hours of duty are clearly defined or variable. The regulation has a national reach, as it pertains to the Commonwealth public service, and is effective immediately upon its enactment. There are no stated exclusions, exemptions, or thresholds in this specific amendment. The scope of application may be further refined or extended through additional subordinate instruments under the Commonwealth Public Service Act 1902-1918.
Key Provisions
The Commonwealth Public Service Regulations (Fourth Amendment 1919) amend Regulation 61, specifically addressing how overtime is computed for officers who are absent due to authorized leave or public holidays (Reg. 61(k)). This amendment mandates that deductions be made from the total hours to be worked before any overtime can be claimed. For officers with clearly defined daily hours, the deduction is the time that would have been worked on the days absent (Reg. 61(k)(i)). For officers with varying daily hours, a deduction is made at a rate of one-twelfth for a public half-holiday and one-sixth for a full public holiday, unless the public holiday falls on a day when the officer would only be required to work part of the day, in which case the deduction is the part-day's work (Reg. 61(k)(ii)).
These regulations impose obligations on public service officers and their employers to ensure that any overtime claims are properly calculated after making the necessary deductions for absences due to authorized leave or public holidays. Employers must verify the daily hours of duty of each officer to apply the correct deduction rate and ensure compliance with the amended regulations. Officers, in turn, must understand the conditions under which their overtime is calculated and provide accurate information regarding their work hours and absences.
Failure to comply with these regulations could result in incorrect overtime claims, which may lead to legal and administrative consequences. While the document does not explicitly state penalties for non-compliance, breaches of public service regulations can generally result in disciplinary actions, financial penalties, or other consequences as determined by the relevant authorities. Such outcomes depend on the specific context and severity of the non-compliance, as well as any further legislative provisions or administrative guidelines that might be in place.