STATUTORY RULES.
1915. No. 195.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1915.
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 1902-1915 to come into operation forthwith.
This Regulation shall supersede Provisional Regulation (Statutory Rules 1915, No. 129) under the said Act made on the twenty-first day of July, One thousand nine hundred and fifteen.
Dated this fourteenth day of October, One thousand nine hundred and fifteen.
A. L. STANLEY,
Deputy for the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
For the Prime Minister.
Amendment of Commonwealth Public Service Regulations (Statutory Rules 1913/341).
The Public Service Regulations are amended by the insertion after Regulation 57 of the following Regulation :—
57a. Where in these Regulations the rate of payment of any allowance is based upon the rate of an officer’s salary, the rate of salary shall be taken to be the rate of which the officer is actually being paid during the period in respect of which the allowance is payable, notwithstanding that he is subsequently granted an increase of salary to take effect from a date earlier than the period in respect of which the allowance is payable.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.13635.—Price 3d.
Overview
The Statutory Rules 1915, No. 195, enacted under the Commonwealth Public Service Act 1902-1915, address the issue of inconsistencies in the calculation of allowances for Commonwealth public service officers based on their salary rates. This legislative instrument was introduced to ensure that any allowance paid to an officer is calculated using the salary rate they were actually earning during the relevant period, even if they received a subsequent salary increase. The regulation was issued by Sir Arthur Stanley, the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General with the advice of the Federal Executive Council. The policy objective is to provide clarity and consistency in the administration of allowances for public service officers, ensuring they are fairly compensated according to their actual earnings during the specified period.
This regulation aims to supersede the Provisional Regulation (Statutory Rules 1915, No. 129) under the same Act, thereby updating the framework for allowance calculations in the public service. The regulation underscores the importance of basing allowance rates on the current salary being received by the officer, which helps avoid potential discrepancies in allowance payments. By implementing these changes, the Commonwealth Government seeks to maintain fairness and accuracy in the public service remuneration system.
Scope and Application
The Commonwealth Public Service Regulations, as amended by Statutory Rules 1915, No. 195, apply to all officers within the Commonwealth Public Service, ensuring that any allowances they receive are calculated based on their actual salary at the time the allowance is payable, regardless of any future salary adjustments. This amendment serves to clarify and standardise the calculation of allowances for public servants, providing a more transparent and consistent approach to remuneration within the Commonwealth Public Service. The regulations extend to the entire Commonwealth, ensuring uniformity across all states and territories, and supersede the previous Provisional Regulation made in 1915. This legislative instrument does not explicitly state any exclusions or exemptions, implying that the amendment applies universally to all officers within the scope of the Commonwealth Public Service Act 1902-1915.
Key Provisions
The main operative sections of the Statutory Rules 1915, No. 195, under the Commonwealth Public Service Act 1902-1915, introduce a new regulation that amends existing provisions regarding the calculation of allowances for public servants. Specifically, Regulation 57a states that when calculating the rate of payment for any allowance, the salary rate of an officer should be based on the actual rate they are receiving during the period for which the allowance is payable, even if they receive a salary increase later that takes effect before the period in question (Reg. 57a). This means that the officer's current pay rate, not a future increased rate, determines their allowance payments.
The Act imposes several obligations on public servants and the entities governing them. Public servants must ensure their current salary rate is accurately reflected when calculating any allowances they receive. Additionally, the governing bodies, such as departments and agencies, must adhere to this new regulation when processing salary and allowance payments. These entities must ensure that the correct salary rate is used in the calculation, thereby maintaining the integrity of the payment system and avoiding any discrepancies or errors in allowance disbursements.
Breaches of these regulations could lead to various civil or administrative consequences. For example, if an entity fails to correctly apply Regulation 57a when calculating allowances, it may result in financial discrepancies that could be subject to audit or review. While the Act does not explicitly state maximum penalties for such breaches, any non-compliance could potentially lead to financial corrections, administrative penalties, or other corrective actions deemed appropriate by the governing body. These consequences underscore the importance of adhering to the stipulated regulations to ensure accurate and fair treatment of public servants' allowances.