STATUTORY RULES.
1919. No. 93.
COMMONWEALTH PUBLIC SERVICE REGULATIONS (SIXTH AMENDMENT 1919).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Public Service Act 1902–1918, to come into operation from 1st January, 1919.
Dated this sixteenth day of April, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
WILLIAM WEBSTER,
for Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1913, No. 341.)
1. After regulation 90 of the Public Service Regulations the following Regulations are inserted:—
Public Holidays.
“91. In addition to the public holidays prescribed in sub-section (1) of section 72 of the Public Service Act 1902-1918, the following public holidays, or any holidays prescribed under the law of any State to be observed in lieu thereof in that State, may be observed in the public offices of the Commonwealth in the localities under which they are respectively shown:—
New South Wales. |
Sydney. | Other Centres. |
Prince of Wales Birthday. | Prince of Wales Birthday. |
Eight Hours Day. | Eight Hours Day (in localities where proclaimed by State Government). |
| Local Show Day. |
| Annual Sports or Picnic or Race Day (as selected by Chief Officer). |
Victoria. |
Melbourne. | Other Centres. |
Eight Hours Day. | Eight Hours Day (in localities where proclaimed by State Government). |
Agricultural Show Day. |
Melbourne Cup Day. |
Day following Boxing Day. | Day following Boxing Day. |
Local Show Day. |
| Annual Sports or Picnic or Race Day (as selected by Chief Officer). |
|
Queensland. |
Brisbane. | Other Centres. |
St. Patrick’s Day. | St. Patrick’s Day. |
Eight Hours Day. | Eight Hours Day. |
Exhibition Day. | St. George’s Day. |
St. Andrew’s Day. | St. Andrew’s Day. |
South Australia.
Throughout whole State and Northern Territory.
King’s Accession Day.
Prince of Wales Birthday.
Eight Hours Day.
Proclamation Day.
Western Australia.
Throughout whole State.
Easter Tuesday.
Prince of Wales Birthday.
Proclamation Day.
Day following Boxing Day.
Tasmania.
Throughout whole State.
Easter Tuesday.
First Monday in November.
Day following Boxing Day.”
Certain duty not to be deemed to be duty performed on a holiday.
“92. (1) The performance of scheduled duty terminating at or before 2 a.m. on a holiday shall not be deemed to be the performance of duty on a holiday unless the officer is required to perform other duty on the same holiday.
“(2) The performance of scheduled duty commencing at or after 10 p.m. on a holiday shall not be deemed to be the performance of duty on a holiday unless the officer has already been on duty on the same day.
“(3) Where two consecutive days are holidays and an officer performs scheduled duty commencing at or after 10 p.m. on the first day and terminating on the second day, the performance of duty after 10 p.m. on the first day shall not be deemed to be the performance of duty on a holiday unless—
(a) the officer performs other duty on that day; or
(b) the duty performed on the second day is not less than four hours.
“(4) Where two consecutive days are holidays and an officer performs scheduled duty commencing on the first day and terminating at or before 2 a.m. on the second day, the performance of duty on the second day shall not be deemed to be the performance of duty on a holiday unless—
(a) the duty performed on the first day is not less than four hours; or
(b) the officer performs other duty on the second day.”
2. Regulation 94 of the Public Service Regulations is repealed.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Sixth Amendment) 1919, issued under the Commonwealth Public Service Act 1902-1918, were enacted to update and expand upon the existing regulations concerning public holidays within the Commonwealth Public Service. The regulations were made by the Governor-General in Council, under the authority granted by the Commonwealth Public Service Act. The primary objective was to ensure that public service employees were granted appropriate holidays that reflected the cultural and socio-economic diversity across the various states and territories of Australia. The regulations specified additional holidays to be observed in public offices, aligning them with state-prescribed holidays where applicable, and clarified the conditions under which duty performed on or around these holidays would be recognised.
Scope and Application
The Commonwealth Public Service Regulations (Sixth Amendment 1919) applies to public service officers within the Commonwealth, including those working in public offices across various states and territories in Australia. The regulations set forth additional public holidays that can be observed in accordance with state-specific holidays, thus extending the scope of leave entitlements for Commonwealth public servants. This amendment does not specify exclusions or exemptions, but rather supplements the existing public holidays outlined in the Public Service Act 1902–1918. The geographic reach of these regulations encompasses all states and territories within Australia, as evidenced by the listing of specific holidays for each jurisdiction. Additionally, the regulations provide detailed provisions for the recognition of duty performed on holidays, establishing clear thresholds and conditions under which duty performed on or near a holiday may be considered as holiday duty. The application of these regulations may be further extended or modified through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The main operative sections of the Commonwealth Public Service Regulations (Sixth Amendment 1919) introduce new provisions regarding public holidays (reg. 91) and clarify the conditions under which duty performed on holidays is not deemed to be performed on those holidays (reg. 92). Regulation 91 specifies additional public holidays that can be observed in public offices of the Commonwealth in various localities, including holidays prescribed under state law. Regulation 92 outlines the circumstances under which duty performed on or between holidays is not considered to be duty performed on a holiday, including conditions related to the timing of duty performed and the duration of duty on consecutive holidays.
The Act imposes specific obligations on public service officers regarding the observance of public holidays and the recognition of duty performed on or around these holidays. Officers must adhere to the prescribed holidays and any state-specific holidays that may apply in their locality. Additionally, the Act mandates that duty performed under certain conditions (such as terminating before 2 a.m. or commencing after 10 p.m. on a holiday, or on consecutive holidays) is not to be deemed as performed on a holiday unless additional criteria are met, such as performing other duty on the same day or performing a minimum duration of duty.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the provided text for breaches of these regulations. The focus of the regulations is on the clarification of holiday entitlements and the conditions under which duty is recognised as being performed on a holiday. Any breaches or non-compliance with these regulations would likely be addressed through administrative processes or internal public service policies rather than through criminal or civil penalties.