STATUTORY RULES.
1920. No. 263.
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REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1918 (TWENTY-THIRD AMENDMENT, 1920).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1918, to come into operation forthwith.
Dated this twentieth day of December, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
Prime Minister.
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Amendment of Commonwealth Public Service Regulations as Amended to this Date.
After regulation 169 of the Commonwealth Public Service Regulation the following regulation is inserted:—
Basic wage allowance.
“169a.—(1) In addition to the rates of salary fixed by the Act and these regulations or under any award made under the Arbitration (Public Service) Act 1911, there shall be payable, as from the first day of November, 1920, allowances at the following rates:—
(a) to each male officer who is twenty-one years of age or over and who is in receipt of salary at a rate less than £196 per annum—such sum as represents the difference between the rate of salary received by him and £208 per annum;
(b) to each male officer who is twenty-one years of age or over and who is in receipt of salary at a rate exceeding £196 per annum but not exceeding £500 per annum— the sum of £12 per annum:
Provided that the sum payable under this paragraph shall be reduced by £1 for every £17 by which the rate of salary exceeds £300 per annum;
(c) to each married officer who has children under the age of fourteen years dependent upon him and who is in receipt of salary at a rate not exceeding £500 per an-mum—the sum of £13 per annum in respect of each such child so dependent:
Provided that the sum payable under this paragraph in respect of each child shall be reduced by £1 for every £16 by which the rate of salary exceeds £300 per annum;
(d) to male officers who are less than twenty-one years of age and to female officers—such sum as bears the same proportion of £12 as the rate of salary received by them bears to £208.
“(2.) Payments made under paragraph (c) of sub-regulation (1.) of this regulation during the year ending the thirtieth, day of June, 1921, to any officer shall be based upon the number of children who are, on the first day of November, 1920, under the age of fourteen years and dependent upon that officer, and payments under that paragraph made during each succeeding year ending the thirtieth day of June shall be based upon the number of such children dependent upon, that officer on the first day of July of that year.
“(3.) In this regulation ‘salary’ includes—
(a) any amount granted by way of bonus under any award made under the Arbitration (Public Service) Act 1911;
(b) District allowances and any other allowance in addition to salary (except allowances in the nature of reimbursement of expenses incurred in the performance of duty); and
(c) the amount of any allowance in lieu of quarters, fuel, light and rations granted to an officer or the value of quarters, fuel, light and rations so granted.”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1920 No. 263, made under the Commonwealth Public Service Act 1902-1918, introduces amendments to address issues concerning the remuneration and allowances of public service officers. Enacted by the Governor-General in Council, this regulation seeks to provide additional financial support to public service officers in the form of allowances. The regulation, effective from 1 November 1920, includes various allowances for officers based on their age, marital status, and number of dependent children, with specific conditions and reductions based on salary thresholds. The overarching policy objective is to enhance the financial well-being of public service officers, thereby ensuring better service delivery and retention within the public sector.
Scope and Application
The Statutory Rules 1920, No. 263, which is a regulation made under the Commonwealth Public Service Act 1902-1918, applies to male officers in the public service who are twenty-one years of age or over and who are in receipt of a salary at a rate less than £196 per annum, as well as married officers with children under the age of fourteen years who are in receipt of a salary at a rate not exceeding £500 per annum. These regulations apply to the Commonwealth jurisdiction and provide allowances in addition to the rates of salary fixed by the Act and the regulations. The allowances are based on the salary received by the officer and the number of dependent children. The regulation extends the application of the Commonwealth Public Service Regulations as Amended to this date by inserting a new regulation, 169a, which provides for basic wage allowances. The regulation also includes a provision for payments made under the regulation to be based on the number of children who are under the age of fourteen years and dependent upon the officer on a specific date.
Key Provisions
The main operative sections of this legislative instrument (Statutory Rules 1920, No. 263) introduce a new regulation (Regulation 169a) under the Commonwealth Public Service Act 1902-1918. This regulation pertains to the payment of additional wage allowances to certain public servants, effective from November 1, 1920. Specifically, section 169a(1) outlines the criteria and rates for these allowances. For male officers aged twenty-one or over, an allowance is payable if their salary is less than £196 per annum, with the difference calculated to reach £208 per annum. If their salary is between £196 and £500 per annum, a fixed £12 allowance is provided, reduced by £1 for every £17 over £300. Married officers with children under fourteen receive £13 per child, subject to a similar reduction if their salary exceeds £300. Male officers under twenty-one and female officers receive allowances proportionate to £12 based on their salary relative to £208. Section 169a(2) specifies that payments for the first year are based on the number of children under fourteen on November 1, 1920, and thereafter on July 1 each year. Section 169a(3) defines "salary" to include bonuses, district allowances, and other allowances except those reimbursing expenses or the value of quarters, fuel, light, and rations.
The obligations and requirements imposed by this Act on the parties governed by it include the payment of the specified allowances to eligible public servants. The Commonwealth, through the relevant authorities, is required to calculate and disburse these allowances in accordance with the stipulated criteria and rates. Public servants who meet the eligibility criteria must ensure their information is accurate to receive the correct amount of allowance. The Act mandates that payments be made based on the number of dependent children on specified dates, ensuring timely and accurate record-keeping and reporting by both the authorities and the public servants.
Breach of the provisions in this Act can lead to civil or administrative consequences. The Act does not explicitly state penalties for non-compliance; however, failure to adhere to the requirements for calculating and paying the allowances could result in disputes or legal actions by affected public servants. The Commonwealth might face claims for underpaid or incorrectly calculated allowances, potentially leading to financial restitution and adjustments to future payments. Additionally, non-compliance could result in administrative reviews or investigations by relevant oversight bodies to ensure adherence to the Act's provisions.