Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Twelfth Amendment) 1919 was introduced to address the need for equitable remuneration for public service officers who perform duties beyond their classified position. Enacted under the authority of the Commonwealth Public Service Act 1902–1918, the regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council. The policy objective of this amendment was to ensure that officers who undertake higher-grade duties receive appropriate compensation, thereby maintaining fairness and incentivising performance within the public service. This amendment replaced the previous regulation 166a with a new provision that allows for additional payments based on the difference between the officer's current salary and the minimum salary of the higher position, subject to approval from the relevant authorities.

Scope and Application

The Commonwealth Public Service Regulations, as amended by the twelfth amendment in 1919, pertain specifically to officers within the Commonwealth Public Service who have performed duties of a higher class or grade than their current classification for a stipulated duration. These regulations apply to officers who have fulfilled such duties either continuously for three months or intermittently over three months within the preceding twelve months. The regulations provide for the possibility of additional payment to these officers, which is contingent upon the approval of the Chief Officer and the difference between their current salary and the minimum salary of the higher class or grade. Notably, for officers acting in certain higher-level positions within the Administrative, Professional, or Clerical Divisions, the approval of the Commissioner is additionally required. The jurisdictional reach of these regulations is confined to the Commonwealth, encompassing officers who are part of the federal public service. While the primary application of these regulations is to officers within the Commonwealth Public Service, they do not extend to other entities or individuals outside this scope. Furthermore, the regulations do not specify any exclusions or exemptions explicitly, but the requirement for approval from designated authorities suggests a structured oversight process. The regulations are amended through the statutory rules, indicating that the application and interpretation of these provisions may be further refined or detailed through subordinate instruments.

Key Provisions

The Commonwealth Public Service Regulations (Twelfth Amendment, 1919) primarily amend Regulation 166a to alter the conditions under which officers may be granted additional payment for performing duties of a higher class or grade. According to the new regulation, an officer who has been performing duties of a higher class or grade for three months continuously or within the preceding twelve months may be granted additional payment at a rate equal to the difference between their current salary and the minimum salary of the higher position. This additional payment is subject to approval by the Chief Officer and, for certain higher positions, also requires the approval of the Commissioner (Regulation 166a). The amended Regulation 166a imposes certain obligations on officers who have performed duties of a higher class or grade. Firstly, they must ensure that the period of performing such duties meets the stipulated criteria of three months continuously or within the preceding twelve months. Secondly, they must seek and obtain approval from the Chief Officer for the additional payment. In cases where the duties performed are in specific higher positions within the Administrative Division, Class A or B of the Professional Division, or the First or Second Class of the Clerical Division, officers must additionally secure approval from the Commissioner (Regulation 166a). The legislation does not explicitly state any offences, penalties, or consequences for breach of the amended Regulation 166a. However, the requirement for approval from the Chief Officer and, in certain cases, the Commissioner, implies that failure to comply with these approval processes could result in the officer not being granted the additional payment to which they might otherwise be entitled. The absence of specified penalties suggests that the primary enforcement mechanism is through the denial of the additional payment, rather than through criminal or civil sanctions.