Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918, No. 221, known as the Regulations under the Commonwealth Public Service Act 1902–1917 (Eleventh Amendment 1918), was introduced to address the need for amendments to the Commonwealth Public Service Regulations. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, this legislative instrument aims to provide flexibility in the remuneration and conditions of officers within the Commonwealth Public Service, allowing for allowances that align with awards made by the Commonwealth Court of Conciliation and Arbitration. The policy objective of these regulations is to ensure that officers in control of other employees whose terms and conditions are governed by such awards receive equitable remuneration and benefits, thereby maintaining fairness and consistency within the public service.

Scope and Application

The Eleventh Amendment 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 from the Commonwealth Court of Conciliation and Arbitration. These regulations specifically address the allowance and conditions for such officers, enabling them to receive remuneration equivalent to that prescribed in the relevant award for an officer of similar status, subject to approval by the Commissioner. The application of these regulations is limited to officers within the Commonwealth public service and does not extend to other entities or individuals outside this scope. The amendment operates nationally across the Commonwealth of Australia, as it is made under the authority of the Commonwealth Public Service Act, which is a federal statute. These regulations do not explicitly state any exclusions or exemptions; however, their application is inherently limited to the context and conditions specified within the Commonwealth public service framework. The regulations are subject to further clarification and detail through subordinate instruments or administrative guidelines issued by relevant authorities.

Key Provisions

The main operative sections of these regulations include the repeal of Regulation 1a of the Commonwealth Public Service Regulations and the insertion of a new Regulation 166. Regulation 166 allows an officer permanently in charge of or in control of other officers, whose employment terms and conditions are subject to an award by the Commonwealth Court of Conciliation and Arbitration, to be granted allowances that will make their total remuneration equivalent to the salary prescribed in the award for an officer of similar status. This provision is subject to the approval of the Commissioner. Additionally, the officer may be granted any other conditions secured by the award. The Act imposes several obligations on the parties it governs. Firstly, it requires officers who are in charge of or controlling other officers to seek approval from the Commissioner for any allowances or conditions that would align their remuneration with that prescribed in the relevant award. This ensures that the allowances granted are fair and in line with the awards made by the Commonwealth Court of Conciliation and Arbitration. Secondly, the Commissioner has the authority to approve or reject these requests, thereby maintaining oversight and control over the remuneration and conditions granted to officers. Failure to comply with the provisions of these regulations could result in significant consequences. While the specific offences and penalties are not detailed in the text provided, breaches of regulations under the Commonwealth Public Service Act 1902-1917 generally attract penalties as outlined in the parent act. These penalties can include fines, imprisonment, or other civil and criminal consequences as prescribed by the relevant laws. The exact penalties depend on the nature and severity of the breach.