STATUTORY RULES.
1916. No. 139.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1916.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1916, to come into operation forthwith.
Dated this twelfth day of July, One thousand nine hundred and sixteen.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL.
For the Acting Prime Minister.
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Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1919, No. 341.)
Paragraph (k) of sub-regulation (7) of Regulation 61 is repealed, and the following is inserted in its stead:—
(k) When overtime is computed on a weekly basis, and a public half-holiday, holiday, or holidays occur in any week, and the attendance of the officer on such half-holiday, holiday, or holidays is not required, a deduction at the rate of one-twelfth for a public half-holiday and one-sixth for a public holiday shall be made from the number of hours to be worked before overtime can be claimed, 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. A similar deduction shall be made in the case of absence on authorized leave.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8460—Price 3d.
Overview
The Commonwealth Public Service Regulations 1916 were enacted to address the need for clearer guidelines on the computation of overtime within the public service sector. This legislative instrument was made under the authority of the Commonwealth Public Service Act 1902-1916 and came into operation immediately. The specific regulation in question modifies the computation of overtime for public servants by introducing deductions for public half-holidays and holidays, as well as for periods of authorised leave. This adjustment was intended to ensure a fair and consistent method for calculating overtime pay, thereby addressing discrepancies that may have arisen due to varying public holidays and leave periods. The regulation was issued by the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, in accordance with the Federal Executive Council's advice.
Scope and Application
The Statutory Rules 1916, No. 139, issued under the Commonwealth Public Service Act 1902-1916, pertain to the amendment of the Commonwealth Public Service Regulations, specifically addressing the computation of overtime for public servants. This legislation applies to all officers within the Commonwealth public service, dictating how overtime is calculated when public holidays or half-holidays fall within a working week. It stipulates deductions from the total hours to be worked for overtime claims, ensuring a fair calculation that accounts for non-working days. The regulation is applicable across the Commonwealth of Australia, setting a uniform standard for overtime computations in the federal public service. This regulation does not exclude any specific persons, entities, or transactions but applies broadly to all federal public servants. Furthermore, the regulation can be extended or restricted through subordinate instruments, providing flexibility in its application as required by the governing body.
Key Provisions
The principal operative section of this legislation (Regulation 61(7)(k)) pertains to the calculation of overtime for public servants when public holidays or half-holidays fall within a given week. According to this regulation, if a public half-holiday or holiday occurs, a deduction must be made from the total hours worked to determine the overtime eligibility. Specifically, a deduction of one-twelfth is made for a public half-holiday, and one-sixth for a public holiday. This deduction applies even if the officer is not required to attend on these days. The regulation also mandates a similar deduction for authorised leave. This means that if an officer takes authorised leave, the same proportional deduction is applied to their hours worked before any overtime can be claimed.
The obligations imposed by this regulation on public servants and their employers are clear and specific. Public servants must ensure that their attendance records accurately reflect any public holidays or half-holidays, and any authorised leave taken. Employers, on the other hand, are required to compute overtime based on the adjusted hours following the deductions specified in the regulation. This involves careful record-keeping and possibly adjustments to payroll calculations to ensure compliance with these rules.
Failure to comply with the provisions of this regulation can result in legal consequences. Although the specific nature of these consequences is not detailed in the text, under general Australian legislative principles, breaches of public service regulations can lead to disciplinary action against public servants, and potential legal action against employers. The penalties for such breaches could include fines, corrections to payroll records, and in severe cases, dismissal of public servants. The exact penalties would depend on the severity and impact of the non-compliance, as well as the specific policies of the employing department.