Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918 No. 64, made under the Commonwealth Public Service Act 1902-1917, were enacted to amend the Commonwealth Public Service Regulations. The need for this legislation arose due to the necessity to align the allowances and conditions of supervising officers within the public service with those prescribed by the Commonwealth Court of Conciliation and Arbitration. This was an effort to ensure that the compensation and terms for officers in supervisory roles were equitable and consistent with those awarded in relevant industrial awards. The regulations were made by Sir Arthur Stanley, acting as the Deputy of the Governor-General, in accordance with the advice of the Federal Executive Council. The overarching policy objective of these amendments was to maintain fairness and consistency in the remuneration and employment conditions of public service officers, reflecting the standards set by the Commonwealth Court of Conciliation and Arbitration.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1902-1917 apply to officers within the Commonwealth Public Service who are in charge of or control other officers whose terms and conditions of employment are governed by an award of the Commonwealth Court of Conciliation and Arbitration. These regulations pertain to the allowance granted to supervising officers to ensure their salary is commensurate with that of similarly ranked officers under the specified awards. The scope of the regulations is limited to the Commonwealth jurisdiction, affecting the public service across Australia. Notably, the regulations do not extend to private sector employees or those under state public service regulations. The regulations provide a framework for allowances and conditions for certain supervisory roles within the Commonwealth public service, as stipulated by the Commissioner's approval. The regulations also include the repeal of previous regulations, namely 104g and 166d, thereby clarifying and updating the applicable rules under the Act.

Key Provisions

The Statutory Rules 1918, No. 64, introduce specific amendments to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1902-1917. Most notably, regulation 1a is inserted to allow a supervising officer to be granted allowances that are equivalent to those prescribed in an award by the Commonwealth Court of Conciliation and Arbitration for an officer of similar status (regulation 1a). This allowance is subject to the approval of the Commissioner. Additionally, regulation 104g and regulation 166d are repealed (regulation 2 and 3). These amendments impose specific obligations on supervising officers who are permanently in charge or in control of other officers whose employment terms and conditions are governed by an award from the Commonwealth Court of Conciliation and Arbitration. The supervising officers must apply to the Commissioner for the allowances and any other conditions that are prescribed by the award. The Commissioner's approval is required before any such allowances or conditions can be granted. Breaches of these provisions, while not explicitly detailed in the text, could potentially lead to administrative or legal consequences. The precise nature of these consequences would depend on the specific context and the discretion of the Commissioner. The regulations do not specify any penalties or sanctions for non-compliance, but it is implied that failure to adhere to the Commissioner's approval process could result in the supervising officer not receiving the allowances or conditions stipulated by the award. The allowance granted to supervising officers is intended to ensure that their remuneration is commensurate with the responsibilities and the terms and conditions of the officers they supervise, as outlined in the relevant award. This is a measure to maintain fairness and consistency within the public service framework. In summary, the key provisions of the Statutory Rules 1918, No. 64, focus on adjusting allowances for supervising officers to align with the awards of the Commonwealth Court of Conciliation and Arbitration and repealing certain existing regulations. These changes aim to streamline the remuneration process and ensure equitable treatment within the public service.