Commonwealth Public Service Regulations (Amendment)

Overview

Statutory Rules 1913 No. 170, issued under the Commonwealth Public Service Act 1902–1911, was enacted to address the need for a revised framework governing the payment of officers performing duties at a higher classification than their current position. The regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, to provide clarity and updated provisions concerning supplementary payments for officers performing higher duties. The policy objective is to ensure that officers who undertake responsibilities of a higher grade are compensated appropriately, thereby maintaining fair and equitable remuneration within the public service. This legislative instrument aims to supersede the Provisional Regulation made earlier in 1913, reflecting the evolving requirements of the public service and providing a more comprehensive set of guidelines. The regulation stipulates conditions under which an officer may be granted additional payment for performing duties at a higher classification, ensuring that such payments are subject to the approval of the Commissioner and are contingent on the duration and continuity of the higher duties performed.

Scope and Application

The Statutory Rules 1913 No. 170, made under the Commonwealth Public Service Act 1902–1911, applies to officers within the Commonwealth public service who perform duties of a higher class or grade than that in which they are classified. The regulation allows for the approval of additional payments for such officers during periods when they are fulfilling higher duties, provided the duration exceeds six months. This applies to officers who perform higher duties continuously for six months and then again within two years, unless the higher duties are necessitated by the absence of a permanent occupant of the higher position, in which case additional payments may commence after three months or the reduction of the absent officer’s salary to below full pay, whichever is later. The regulation also supersedes the Provisional Regulation (Statutory Rules 1913 No. 60) made earlier under the same Act. The scope of this regulation is limited to officers within the Commonwealth public service and does not extend to any other entities or individuals outside of this sphere. The regulation is applicable across the Commonwealth of Australia, with its provisions enforced by the Commissioner, who has the authority to approve the additional payments as stipulated.

Key Provisions

The primary operative section of the statutory rules (166a) provides that an officer who performs duties of a higher class or grade than their classification may be granted an additional payment if certain conditions are met. Specifically, this applies when an officer performs such duties for more than six months and receives approval from the Commissioner. This payment is equal to the difference between their current salary and the minimum salary of the higher class or grade. Additionally, if an officer is required to perform higher duties within two years of previously performing them for six months, they may also receive this additional payment, unless it is due to the absence on full pay of the permanent occupant of the higher position. In the latter case, the payment is deferred until three months have passed from the date of the temporary transfer, or from the date when the absent officer’s salary is reduced below full pay if this occurs before the three-month period. Under this Act, the obligations imposed on officers involve performing duties of a higher class or grade and meeting the conditions for additional payment. The Commissioner’s approval is necessary before any payment can be granted. For officers who temporarily perform higher duties due to the absence of the permanent occupant, the payment is contingent on the conditions specified, such as the duration of the absence and the salary reduction of the absent officer. The officers must also ensure they are aware of the rules governing their classification and the duties they perform to comply with these regulations effectively. Breaches of the provisions outlined in these statutory rules can result in civil or criminal consequences. Specifically, if an officer is found to have performed duties of a higher class or grade without meeting the conditions for additional payment or without the necessary approval from the Commissioner, they may face disciplinary action. The precise nature of these consequences would depend on the severity and intent of the breach, but they could include financial penalties, withholding of the additional payment, or other disciplinary measures as deemed appropriate by the relevant authorities. The maximum penalties for such breaches are not explicitly stated in the statutory rules but would be determined in accordance with the provisions of the Commonwealth Public Service Act 1902.