Commonwealth Public Service Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, numbered 1915 No. 116, was enacted to address an urgent need to modify existing regulations regarding overtime and night work for Commonwealth public service officers. Issued by the Governor-General in Council, the regulation was designed to take immediate effect, reflecting the urgency of the amendments. The regulation modifies the definition of night work to narrow the hours considered night work to between 11.30 p.m. and 4 a.m., and it also adjusts the overtime provisions for officers working shifts that include this period. The overarching policy objective, although not explicitly stated in the text, is likely to ensure that public service officers receive appropriate compensation and recognition for their work hours, particularly those involving non-standard hours.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies to officers within the Commonwealth Public Service who are engaged in work that includes any portion of the period between 11.30 p.m. and 4 a.m., thereby affecting their overtime entitlements. This regulation specifically amends the definition of night work, now encompassing any work performed during the hours between 11.30 p.m. and 4 a.m., rather than the previously defined period between 8 p.m. and 8 a.m. Furthermore, the regulation stipulates that overtime for officers performing such work will be considered as time worked in excess of seven hours a day, unless otherwise prescribed by the regulations. This amendment ensures that the scope of night work and overtime is clearly defined, providing a specific framework for the entitlements of officers involved in night shifts. The regulation is applicable across the Commonwealth, reflecting the national reach of the Commonwealth Public Service Act.

Key Provisions

The primary operative sections of this Provisional Regulation, as outlined in sub-regulation (7) of Regulation 61 under the Commonwealth Public Service Act 1902-1913, primarily concern the definition and calculation of overtime for officers engaged in work that includes periods between the hours of 11:30 p.m. and 4 a.m. (1). Specifically, it revises the definition of overtime to exclude work that extends beyond seven hours a day for such officers unless otherwise specified (1)(c). Moreover, the regulation updates the definition of "night work" to encompass any work where any portion falls between the hours of 11:30 p.m. and 4 a.m. (1)(f). The obligations imposed by this Act on the parties it governs are primarily concerned with the accurate calculation and documentation of overtime and night work for officers engaged in roles that include shifts during the specified night hours. Employers must ensure that any overtime worked by these officers is correctly identified and compensated in accordance with the regulation. Furthermore, they must ensure that the definition of night work is applied consistently to all relevant employees to maintain fairness and compliance with the statutory requirements (1). Failure to comply with these regulations can result in various consequences. While the specific offences, penalties, or consequences for breach are not detailed within the provided excerpt, it is common under such statutory frameworks for breaches to be subject to both civil and criminal penalties. Civil penalties could include fines or other financial penalties, while criminal penalties might include imprisonment, depending on the severity and intent of the breach. The maximum penalties would typically be prescribed within the main body of the Commonwealth Public Service Act 1902-1913 or in related legislative instruments. It is essential for employers and officers alike to adhere strictly to these provisions to avoid any legal repercussions.