Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1915, No. 182, made under the Commonwealth Public Service Act 1902-1915, were enacted to address the need for updated regulations regarding overtime and night work within the Commonwealth public service. The Governor-General, on advice from the Federal Executive Council, issued this legislative instrument to amend existing regulations, thereby replacing the Provisional Regulation (Statutory Rules 1915, No. 116) made earlier in the year. The policy objective of this regulation was to ensure that the definitions and criteria for overtime and night work were precise and relevant to the changing work schedules of public service employees. This amendment specifically redefined night work to cover any work performed between 11.30 p.m. and 4 a.m. and adjusted the calculation of overtime for employees whose duties extend into these hours.

Scope and Application

The Commonwealth Public Service Regulation, enacted under the Commonwealth Public Service Act 1902-1915, governs the terms and conditions of employment for officers within the Commonwealth Public Service. This regulation applies to all officers employed by the Commonwealth, encompassing a broad range of public service roles across various departments and agencies operating under the Commonwealth government. The regulation outlines specific provisions for overtime and night work, with amendments clarifying the definition of night work to mean any work performed between the hours of 11.30 p.m. and 4 a.m. Overtime for such work is defined as time worked in excess of seven hours a day, unless otherwise prescribed by specific regulations. This legislation is applicable nationwide, affecting all Commonwealth employees across the country. The regulation supersedes earlier provisions, ensuring that current practices align with the updated definitions and conditions.

Key Provisions

The primary operative sections of this statutory rule (Statutory Rules 1915, No. 182) pertain to the amendment of the Commonwealth Public Service Regulation under the Commonwealth Public Service Act 1902-1915. Specifically, Regulation 61 is modified to alter the definitions and criteria for overtime and night work. Under the amended sub-regulation (7)(c), overtime for officers working between 11.30 p.m. and 4 a.m. is now defined as any time worked in excess of seven hours per day, except where a different period is prescribed. Furthermore, sub-regulation (7)(f) redefines night work to include any work performed between 11.30 p.m. and 4 a.m., replacing the previous definition of work commencing after 8 p.m. and terminating before 8 a.m. The obligations and requirements imposed by this legislation on the parties it governs are primarily concerned with the accurate calculation and reporting of overtime and night work. Public service officers and their employers must now ensure that any work performed between 11.30 p.m. and 4 a.m. is correctly classified as either overtime or night work according to the new definitions. This includes maintaining precise records of hours worked during these periods to facilitate proper compensation and adherence to the regulations. Additionally, employers are required to ensure that any prescribed exceptions to the overtime definition are correctly applied where relevant. Breaches of these provisions may have civil and criminal consequences. Under the Commonwealth Public Service Act 1902-1915, failure to comply with the regulations regarding overtime and night work could result in disciplinary action against public service officers, including potential dismissal. Employers who do not adhere to the amended regulations may face legal repercussions, including fines or other penalties as stipulated by the Act. The specific penalties for breaches are not detailed in the statutory rule itself but would be governed by the overarching provisions of the Commonwealth Public Service Act 1902-1915, which may include financial penalties and corrective actions to ensure compliance.