Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916, No. 110, represents a regulation made under the Commonwealth Public Service Act 1902-1915 by the Governor-General in Council. This regulation addresses the need to amend the Public Service Regulations to provide greater flexibility in the provision of allowances to public service officers, particularly in situations where officers are provided with subsistence without lodging or vice versa. The policy objective behind this amendment is to allow for a proportionate reduction in the travelling allowance in such scenarios, ensuring that the benefits provided to officers are aligned with the services they receive. The regulation was enacted to ensure the efficient administration of the public service by allowing for adjustments in allowances based on the actual provisions made to officers. This legislative instrument was made under the authority of the Commonwealth Public Service Act 1902-1915 and came into operation immediately upon its enactment on 31 May 1916. The regulation was designed to provide the Chief Officer with the discretion to adjust allowances according to the specific circumstances of the officers, thereby maintaining fairness and equity within the public service framework. The regulation was printed and published by the Government Printer for the State of Victoria, ensuring its wide dissemination and adherence to legal standards.

Scope and Application

This statutory rule, numbered 1916 No. 110, pertains to a regulation under the Commonwealth Public Service Act 1902-1915. It was made by the Governor-General in accordance with the Federal Executive Council and came into effect immediately upon promulgation. The regulation specifically amends the Commonwealth Public Service Regulations by adding a new sub-Regulation to Regulation 150. This addition pertains to the adjustment of travelling allowances for officers who are provided with subsistence without lodging or lodging without subsistence. The Chief Officer is empowered to reduce these allowances under certain conditions, with a cap on the reduction of one-third if only lodging is provided and two-thirds if only subsistence is provided. The rule applies across the Commonwealth of Australia and is intended to govern the financial entitlements of public service officers. There are no stated exclusions, exemptions, or thresholds within the regulation itself, though further application and interpretation may be provided through subordinate instruments.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the Commonwealth Public Service Regulations, specifically concerning the adjustments to the travelling allowance for officers provided with subsistence without lodging or lodging without subsistence (sub-Regulation 150(3)). This amendment allows the Chief Officer to reduce the travelling allowance under certain conditions but imposes limits on the extent of the reduction, capping it at one-third if only lodging is provided and two-thirds if only subsistence is provided. The obligations imposed by these Regulations on the parties concerned are primarily administrative. They require the Chief Officer to assess whether an officer has been provided with subsistence without lodging or lodging without subsistence. If such a situation arises, the Chief Officer must then decide whether to reduce the travelling allowance. This decision must be made in accordance with the stipulated limits, ensuring that the reduction does not exceed one-third for cases involving only lodging and two-thirds for cases involving only subsistence. Should the Chief Officer fail to adhere to these Regulations, there are potential consequences for breach. While the specific statutory instrument does not detail offences or penalties, under the Commonwealth Public Service Act 1902-1915, non-compliance with the regulations could lead to disciplinary actions against the Chief Officer. Such actions may include reprimands, fines, or even dismissal from their position, depending on the severity and frequency of the breaches. The precise penalties would be determined based on the circumstances of each individual case and the discretion of the relevant authorities.