Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917 No. 214, issued under the Commonwealth Public Service Act 1902-1916, were enacted by the Governor-General in Council to address the issue of insurance policies held by public servants. This regulation specifically amends the Public Service Regulations to adjust the provisions concerning the insurance held on public servants. By repealing Regulation 182 and inserting new provisions, the regulation ensures that if a public servant is permitted to remain in the service past the age at which any sum becomes payable under their insurance policy, the maximum assured amount is retained by the insurance company until the servant retires, is removed from service, or passes away. During this period, the servant will receive interest on the retained sum at the rate allowed by the Commonwealth Savings Bank on deposits. The policy objective appears to be the equitable handling of public servants' insurance policies to ensure financial security for them in the event of their continued employment beyond the payout age of their insurance. The regulations were made with the advice of the Federal Executive Council and the approval of the Prime Minister, highlighting the legislative process involving multiple branches of government in the enactment of this statutory rule. The amendments are intended to provide clarity and ensure that public servants are appropriately compensated under their insurance policies, reflecting a commitment to their welfare and financial stability.

Scope and Application

The Statutory Rules 1917 No. 214, made under the Commonwealth Public Service Act 1902-1916, pertain to the amendment of the Public Service Regulations. This legislative instrument primarily applies to individuals who are members of the Commonwealth Public Service and are covered under the Public Service Insurance Scheme. The regulation specifically addresses the financial provisions in the event that an assured person is allowed to continue in the public service past the age at which payments under their insurance policy would commence. Under the amended regulation, the insurance company must retain a sum of money equivalent to the maximum coverage required until the assured individual either retires, is removed from the public service, or passes away. During this period, the company is obligated to pay interest to the assured person at a rate equivalent to the interest allowed by the Commonwealth Savings Bank on deposits, calculated half-yearly. The regulation does not specify any geographic limitations, implying that it applies nationally across the Commonwealth of Australia. The regulation does not explicitly mention any exclusions or exemptions, thus it can be inferred that it applies broadly to all relevant persons within the public service as defined by the act and its regulations. The regulation does not mention any subordinate instruments extending or restricting its application.

Key Provisions

The main operative sections of this legislative instrument, specifically Regulation 182 under the Commonwealth Public Service Regulations, establish a requirement for the retention and interest payment of assured sums within the Public Service. If an individual is permitted to remain in the Public Service beyond the age at which any sum becomes payable under their insurance policy, the maximum amount required to be assured under the Regulations must be held by the insurance company (Reg. 182(1)). The company is mandated to pay interest to the officer on the retained sum at a rate equivalent to that allowed by the Commonwealth Savings Bank on deposits, payable half-yearly, until the officer retires, is removed from the Public Service, or passes away (Reg. 182(2)). The obligations imposed by Regulation 182 are primarily on the insurance companies that hold the assured sums. They must ensure that the maximum amount required by the Regulations is retained until certain conditions are met, namely the officer's retirement, removal from the Public Service, or death. Furthermore, the companies must adhere to the specified interest rate set by the Commonwealth Savings Bank and make the interest payments half-yearly. These obligations are designed to protect the financial interests of Public Service officers by ensuring their assured sums are managed correctly and that they receive interest on these sums while they remain in service. Breaching the requirements of Regulation 182 could lead to various civil or administrative consequences. For instance, if an insurance company fails to hold the required assured sum or does not pay interest at the prescribed rate, they could be subject to enforcement actions by the relevant authorities. Although the specific penalties are not detailed within the text of this regulation, non-compliance with public service regulations typically results in corrective measures, fines, or other administrative penalties as prescribed by relevant legislation or administrative procedures. The precise consequences would depend on the nature and extent of the breach, as well as the applicable laws governing administrative enforcement.