STATUTORY RULES.
1916. No. 146.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1916.
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 1902-1916 to come into operation forthwith.
Such Regulations shall supersede the Provisional Regulations (Statutory Rules 1916, No. 56) under the said Act made on the nineteenth day of April, One thousand nine hundred and sixteen.
Dated this twenty-sixth day of July, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for the Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations 1913
(Statutory Rules 1913, No. 341, As Amended by Statutory Rules 1915, No. 205).
1. Regulation 172 is amended by adding at the end thereof the following paragraph:—
“The amount of assurance of officers in receipt of salary exceeding £600 shall be £100 for every £100 of salary provided that the assurance of such officers shall be increased by at least £100 whenever the salary exceeds the amount of assurance.”
2. Regulation 173 is repealed and the following Regulation is inserted in its stead:—
Increases of amount of assurance on promotion.
“173. (1) Where an officer who is assured in accordance with the scale contained in the next preceding Regulation is transferred or promoted to an office the maximum salary of which is not higher than that of the office from which he has been transferred or promoted, he shall not be required by reason of such transfer or promotion to increase the amount of his assurance; but where he is transferred or promoted to an office the maximum salary of which is higher than that of the office from which he has been transferred or promoted he shall be required to increase the amount of his assurance as to bring it into accordance with the scale contained in that Regulation.
C.8832.—Price 3d.
“(2) The rates to be charged upon any such increased assurance shall be in accordance with the scale of rates which was in force at the time when the officer was originally assured under these Regulations, regard being had to the age of the officer at the time of his transfer or promotion.
“(3) Where the maximum salary of any office is increased by an award of the Commonwealth Court of Conciliation and Arbitration or an amendment of the Regulations, an officer holding any such office who immediately prior to the increase was assured in accordance with the scale contained in the next preceding Regulation shall not be required by reason of such increase to increase the amount of his assurance.”
3. Regulation 180 is amended by adding at the end thereof the following sub-regulation:—
“(2) The first premium payable in respect of any such increase in the amount of assurance shall be deducted by the Chief Officer from the salary of the officer concerned, and by him paid to the Company, and all further premiums shall be paid by the officer directly to the Company.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1916, No. 146, enacted by the Governor-General in Council under the authority of the Commonwealth Public Service Act 1902-1916, aim to amend the Commonwealth Public Service Regulations 1913 to better align with the evolving needs of the public service. These Regulations address the gap in the previous provisional regulations by providing a more structured approach to the assurance amounts for officers with salaries exceeding £600. The policy objective of these amendments is to ensure that officers' assurance amounts are commensurate with their salary levels, particularly when they are promoted to positions with higher salaries. The changes also specify that the first premium for increased assurance should be deducted from the officer's salary, while subsequent premiums are to be paid directly by the officer. This legislative instrument seeks to provide clarity and fairness in the assurance requirements for public service officers.
Scope and Application
The Regulations under the Commonwealth Public Service Act 1902-1916 apply to officers within the Commonwealth Public Service, specifically addressing their assurance amounts and premiums. These officers are subject to a revised assurance structure whereby the amount of assurance for those in receipt of a salary exceeding £600 is set at £100 for every £100 of salary, with a mandatory increase of at least £100 for any salary exceeding the assurance amount. The Regulations also address assurance adjustments upon promotion or transfer, ensuring the assurance aligns with the new salary scale if the new position's salary is higher than the previous one. Moreover, the Regulations modify the premium payment process, requiring the first premium to be deducted from the officer's salary and paid by the Chief Officer to the relevant company, with subsequent premiums to be paid directly by the officer. These regulations operate within the Commonwealth jurisdiction, impacting the administrative practices and financial obligations of Commonwealth Public Service officers.
Key Provisions
The primary operative sections of these Regulations pertain to adjustments in the amount of assurance required from public servants, as outlined in Regulation 172, the changes to the assurance process upon promotion or transfer in Regulation 173, and the financial obligations associated with these changes in Regulation 180. Regulation 172 modifies the assurance requirement by specifying that for officers earning over £600, the assurance amount will be £100 for every £100 of salary, with a mandatory £100 increase whenever the salary surpasses the previous assurance amount. Regulation 173 outlines the assurance process for officers upon promotion or transfer, stating that if the new role’s salary is equal to or less than the previous role, no change in assurance is required. However, if the new role’s salary is higher, the assurance amount must be adjusted accordingly. Regulation 180 introduces the payment structure for these assurance increases, stipulating that the first premium for increased assurance is deducted from the officer’s salary and paid by the Chief Officer, with subsequent premiums to be paid directly by the officer.
These Regulations impose specific obligations on public servants and their employers. Public servants must adhere to the updated assurance requirements set forth in Regulation 172 and ensure their assurance amounts are adjusted according to their new salary levels as outlined in Regulation 173. Employers, particularly the Chief Officer, are responsible for the initial deduction and payment of premiums related to increased assurance as stipulated in Regulation 180. The Regulations ensure that public servants maintain appropriate financial guarantees in relation to their roles, while also detailing the financial responsibilities of both the officers and their employers.
The Regulations do not explicitly outline offences, penalties, or consequences for non-compliance. However, by virtue of being statutory rules under the Commonwealth Public Service Act 1902-1916, any failure to comply with these Regulations could potentially lead to disciplinary action under the Act itself. This might include measures such as fines, salary deductions, or other administrative penalties as deemed appropriate by the relevant authorities. The exact nature and extent of these penalties would be determined in accordance with the overarching provisions of the Commonwealth Public Service Act 1902-1916.