STATUTORY RULES.
1915. No. 8.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1913.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902-1913 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourteenth day of January, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
65. Where an officer of the General Division who is not in receipt of an allowance under Regulation 149, is required to leave his usual station or district for the purpose of carrying out relieving or emergency work is connexion with the maintenance or construction of telegraph or telephone lines, and the time necessarily spent in travelling, together with the time during which he is actually employed, exceeds by more than half-an-hour on any one day his usual working hours, he shall be entitled to have the amount of that excess counted as time of duty for which he is to be paid at ordinary rate, but not more than one day’s pay for the excess in any case.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.67.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, enacted on January 14, 1915, was designed to address an immediate need for flexibility in the working hours of officers in the General Division who were required to undertake emergency work related to the maintenance or construction of telegraph or telephone lines. This regulation was issued under the authority of the Governor-General in Council, reflecting the urgency of the matter. The underlying policy objective was to ensure that officers who exceeded their usual working hours due to such emergency duties were compensated appropriately without creating excessive financial burden on the Commonwealth.
This Provisional Regulation aimed to provide a balanced approach by allowing officers to have the excess time counted as duty time for pay purposes, but capped the compensation to a maximum of one day’s pay for the excess. This ensured that while officers were adequately compensated for their additional efforts, it also prevented any undue financial strain on the public service. The regulation underscores the need for timely and responsive measures to address operational exigencies within the public service framework.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies specifically to officers of the General Division who are engaged in relieving or emergency work related to the maintenance or construction of telegraph or telephone lines. This Act addresses the circumstances where such officers are required to travel beyond their usual station or district and their working hours exceed their standard working hours by more than half an hour on any given day. The regulation ensures that the excess time spent travelling and working is counted as duty time for which these officers will be compensated at the ordinary rate, though it caps the additional payment to one day's pay for the excess time. The regulation operates on a provisional basis, reflecting its urgent nature and its immediate implementation. The scope of this regulation is limited to officers of the General Division who are not already receiving allowances under Regulation 149.
The geographic and jurisdictional reach of this Provisional Regulation is nationwide, as it applies across all officers within the General Division of the Commonwealth Public Service, wherever they are stationed in Australia. The regulation does not specify any exclusions, exemptions, or thresholds beyond the conditions outlined. The Provisional Regulation remains in effect until the necessary amendments or permanent regulations are made under the Commonwealth Public Service Act 1902-1913. The regulation may also be subject to modification or extension through subordinate instruments as required by the government.
Key Provisions
The main operative sections of this Provisional Regulation under the Commonwealth Public Service Act 1902-1913 (section 65) pertain to officers in the General Division who are required to perform relieving or emergency work related to the maintenance or construction of telegraph or telephone lines. If such officers are not in receipt of an allowance under Regulation 149, and their travel time combined with the actual working time exceeds their usual working hours by more than half an hour on any given day, they are entitled to have this excess time counted as time of duty for which they are to be paid at the ordinary rate, but not exceeding one day's pay for the excess.
The obligations and requirements imposed by this Act on the relevant parties primarily involve ensuring that officers who undertake specific types of emergency or relieving work are compensated fairly for any time they work beyond their regular hours. The regulation specifies that if an officer's total working hours exceed their usual working hours by more than half an hour in a day, this additional time must be counted as duty time and paid at the ordinary rate. However, the compensation for this excess time cannot exceed one day’s pay.
Regarding the consequences of non-compliance, the regulation itself does not explicitly state any penalties or offences for breach. However, under the overarching Commonwealth Public Service Act 1902-1913, breaches of regulations could potentially lead to disciplinary actions against the officers involved or against the public service entities responsible for ensuring compliance. In general, failure to adhere to the terms of the regulation might result in the officer not receiving the appropriate compensation for the excess working time, which could be pursued through administrative or legal processes.