Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1915, No. 51, enacted in 1915, are regulations made under the Commonwealth Public Service Act 1902-1913. These regulations were introduced to address the need for clear guidelines regarding the payment of overtime for Commonwealth public service officers engaged in specific types of work, such as maintaining or constructing telegraph or telephone lines. The enacting body for these regulations is the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that officers who exceed their usual working hours due to emergency or relieving work related to telegraph or telephone lines are compensated appropriately for the extra time spent. The regulation specifically provides that if an officer in the General Division, who does not receive an allowance under another regulation, is required to travel for such work and the combined travel and work time exceeds their normal working hours by more than half an hour in a single day, the excess time must be counted as duty time for which they are to be paid at the ordinary rate, but limited to one day's pay for the excess. This regulation supersedes a provisional regulation made earlier in the same year, providing updated and comprehensive guidelines to address the identified gap in compensation for extended working hours due to emergency work related to communication infrastructure.

Scope and Application

The regulation applies to officers within the General Division of the Commonwealth Public Service who are not receiving an allowance under Regulation 149. Specifically, it pertains to those officers who are required to travel from their usual station or district to undertake relieving or emergency work related to the maintenance or construction of telegraph or telephone lines. The regulation is designed to address situations where the time spent travelling, combined with the time actually employed, exceeds the officer's usual working hours by more than half an hour on a single day. In such cases, the excess time is to be counted as time of duty for which the officer is entitled to be paid at the ordinary rate, though not more than one day's pay for the excess in any given case. This regulation extends throughout the Commonwealth of Australia and is intended to ensure fair compensation for officers who undertake additional work outside their normal duties, thereby contributing to the maintenance of essential communication infrastructure.

Key Provisions

The main operative sections of this Statutory Rule (No. 51 of 1915) under the Commonwealth Public Service Act 1902-1913, primarily focus on the allowances and payments for officers engaged in specific types of work. Section 65 addresses the situation where an officer of the General Division, who is not receiving an allowance under Regulation 149, is required to travel to carry out relieving or emergency work related to the maintenance or construction of telegraph or telephone lines. If the total time spent on travel and actual work exceeds the officer's usual working hours by more than half an hour on any given day, the excess time is to be counted as time of duty and paid at the ordinary rate. However, the payment for this excess time is capped at one day's pay in any case. The obligations imposed by this Act on the parties it governs are relatively straightforward. The Act requires that officers who undertake the specified types of work must be compensated fairly for any extra time spent beyond their usual working hours. This ensures that the officers are not disadvantaged financially due to the nature of their duties, which may require them to travel and work for extended periods. The obligation falls on the Commonwealth to ensure that these officers are paid correctly and in accordance with the terms set out in the Act. In terms of offences, penalties, or consequences for breach, the Statutory Rule does not explicitly outline specific penalties for non-compliance. However, failure to adhere to the provisions of the Act could result in legal consequences. For instance, if the Commonwealth does not compensate officers for the extra time worked as stipulated in Section 65, it could be liable to legal action from the affected officers. Additionally, while not explicitly stated, breaches of public service regulations can lead to disciplinary actions under the Commonwealth Public Service Act, which could include fines or other administrative penalties. The maximum financial penalty for non-compliance would depend on the specific nature of the breach and the applicable laws at the time.