Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations Amendment (No. 2) 1916, made under the authority of the Commonwealth Public Service Act 1902-1916, was introduced to address issues related to the supervision and control of officers within the public service, particularly in relation to awards made by the Commonwealth Court of Conciliation and Arbitration. The Act was enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to facilitate the granting of specific salary and allowances to officers who supervise or control other officers, aligning their remuneration and conditions with those prescribed in relevant awards, provided they are members of an appropriate association. This legislative instrument aims to ensure consistency and fairness in the treatment of officers within the public service framework.

Scope and Application

These Regulations, issued under the Commonwealth Public Service Act 1902-1916, pertain specifically to officers within the Commonwealth Public Service who are required to supervise or control members of an organisation that has obtained an award from the Commonwealth Court of Conciliation and Arbitration. The Regulations apply to officers who occupy certain offices specified in such awards and are members of an Association of officers who are permanently in charge or in control of other officers registered under the Arbitration (Public Service) Act, even if the latter organisation has not obtained an award. The Regulations grant officers the ability to receive salary and allowances prescribed by the award for their office upon approval by the Commissioner, and similarly, officers in the Clerical Division who are in charge of other officers may receive allowances equivalent to those prescribed in relevant awards. The jurisdictional reach of these Regulations is national, as they are issued under a Commonwealth Act, thus applying across all states and territories of Australia. There are no explicit exclusions or thresholds stated in the Regulations, but they do require the approval of the Commissioner for the provisions to take effect.

Key Provisions

The primary sections introduced by this legislative instrument pertain to the amendment of the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1902-1916. Specifically, Regulation 104G is added, allowing an officer who supervises or controls members of an organisation that has obtained an award from the Commonwealth Court of Conciliation and Arbitration to be granted the salary and allowances prescribed by that award, subject to the Commissioner's approval (section 1). Similarly, Regulation 166D is introduced, enabling an officer in the Clerical Division who is in charge of or controls other officers whose employment terms and conditions are subject to an award from the Commonwealth Court of Conciliation and Arbitration to receive allowances that would make their salary equivalent to that prescribed in such award, again contingent on the Commissioner's approval (section 2). The obligations imposed by these regulations are primarily administrative. Officers who meet the specified criteria must ensure they are members of an Association of officers registered under the Arbitration (Public Service) Act, even if the organisation they are associated with has not obtained an award from the Arbitration Court. This membership requirement must be fulfilled to be eligible for the salary and allowances prescribed by the relevant award, as well as any other conditions secured by such award. Furthermore, officers seeking these benefits must obtain the Commissioner's approval, ensuring that their applications are reviewed and authorised in accordance with the statutory framework. Breaches of these regulations could lead to civil or criminal consequences, depending on the nature of the non-compliance. While the specific penalties are not detailed within this legislative instrument, breaches of regulations under the Commonwealth Public Service Act 1902-1916 could generally result in disciplinary actions, financial penalties, or other administrative consequences as determined by the relevant authorities. Given the context and the statutory framework under which these regulations operate, the penalties could range from fines to more severe sanctions, depending on the gravity and intent behind the breach.