STATUTORY RULES.
1915. No. 140.
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 eleventh day of August, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
for the Prime Minister.
Amendment of Commonwealth Public Service Regulation (Statutory Rule 1913/341 as amended of Statutory Rule (1915/8).
Regulation 65 is repealed, and the fallowing is inserted in its stead:—
65. Where an officer of the General Division is required to leave his usual station or district for the purpose of carrying out relieving or emergency work in 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.7956.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, enacted in 1915, addresses the need to provide fair compensation to officers in the General Division who undertake emergency work related to the maintenance or construction of telegraph or telephone lines. The urgency of the matter necessitated immediate implementation, and the regulation was issued by the Governor-General in Council, acting on the advice of the Federal Executive Council. The policy objective of this regulation is to ensure that officers are adequately compensated for their extended working hours when performing critical tasks outside their usual work schedule. This legislative instrument aims to provide clarity and support for public service officers who are required to undertake additional duties beyond their regular working hours, ensuring they are remunerated fairly for the extra time spent in such emergency situations.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies specifically to officers of the General Division within the Commonwealth Public Service who are required to undertake relieving or emergency work related to the maintenance or construction of telegraph or telephone lines. This regulation is designed to address instances where the travel time and actual working hours of these officers exceed their usual working hours by more than half an hour on any given day. In such cases, the excess time is to be counted as duty time, with the officers entitled to be paid at the ordinary rate for this additional time, but not more than one day’s pay for the excess in any instance. The regulation is applicable throughout the Commonwealth, reflecting the federal nature of the legislation and its intended reach across the entire nation. This Provisional Regulation serves to modify and update existing statutory rules to ensure fair compensation and adequate regulation of working hours for public service officers involved in critical infrastructure maintenance and emergency work.
Key Provisions
The main operative sections of this Provisional Regulation (C1915L00140) involve an amendment to Regulation 65 of the Commonwealth Public Service Regulation. Specifically, Regulation 65 is repealed and replaced with a new provision (section 65). This new regulation pertains to officers in the General Division of the public service who are required to travel beyond their usual station or district to carry out emergency or relieving work related to the maintenance or construction of telegraph or telephone lines. If the combined time spent travelling and working exceeds their usual working hours by more than half an hour on any given day, the excess time is to be counted as time on duty for which the officer will be paid at the ordinary rate, with a cap of one day's pay for the excess (section 65).
The obligations imposed by this regulation on the relevant officers and the public service include adherence to the new provisions regarding the calculation of overtime for officers engaged in specific emergency or relieving work. The regulation mandates that any time exceeding the usual working hours due to such work must be compensated at the ordinary rate of pay, but with the condition that no more than one day’s pay is granted for any excess time (section 65). The regulation ensures that officers who undertake additional work related to critical infrastructure, such as telegraph and telephone lines, receive appropriate remuneration for their extended hours, while also setting a clear limit to the compensation.
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of this regulation within the text. The regulation focuses on defining the conditions under which officers are entitled to compensation for overtime worked, without detailing any sanctions for non-compliance by the public service or the officers themselves. The regulation's emphasis lies in clarifying the terms of pay for additional hours worked under specified circumstances, rather than on punitive measures for failure to comply with these terms.