STATUTORY RULES.
1924. No. 189.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924 (TWENTY-SECOND AMENDMENT, 1924).
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922-1924, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the Governor-General, hereby makes the following amendment of the Regulations, such amendment to come into operation as from the 18th December, 1924.
Dated this eighth day of December, 1924.
C. B. B. White, Chairman, J. P. McGlinn, W. J. Clemens (Deputy Commissioner) | | Board of Commissioners. |
Approved in Executive Council this tenth day of December, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
Ll. ATKINSON,
for Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1923, No. 93, as amended to this date.)
Regulation 64 is amended—
(a) by omitting from sub-regulation (3) thereof the words “and paid for at holiday rates”, and inserting in their stead the words “for the purposes of section 76 of the Act”; and
(b) by adding at the end of sub-regulation (3) thereof the following further proviso:—
“Provided further that where one of such days is a holiday authorized by the Board the portion of the duty performed on that holiday shall be compensated for by the grant of time off duty.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
C.18873.—Price 3d.
Overview
The Statutory Rules 1924, No. 189, represents an amendment to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924, specifically addressing the compensation of public service officers during holidays. This legislative instrument was introduced to provide clarity and ensure fair treatment for officers who work on holidays, thereby addressing a gap in the existing regulations regarding holiday pay and compensation. Enacted by the Board of Commissioners with the approval of the Governor-General, the policy objective of this amendment is to align the compensation practices with the provisions of section 76 of the Act, while also providing for time off in lieu when an authorised holiday falls on a day when duty is performed. This amendment aimed to provide a more equitable and structured approach to holiday compensation within the public service framework.
Scope and Application
The 1924 Amendment to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924 pertains specifically to the conditions of employment for public servants within the Commonwealth Public Service. The amendment modifies the existing regulations to exclude holiday rate pay for certain duties and instead compensates employees by granting time off duty if one of the days worked is a holiday authorised by the Board. This legislative instrument applies to all public servants working under the Commonwealth Public Service, thereby affecting the terms of their employment and compensation. Geographically, the application of these regulations extends across the Commonwealth of Australia, ensuring uniform treatment of public service employees regardless of their location within the country. The amendment, effective from 18th December 1924, does not introduce any exclusions or exemptions but rather refines existing provisions, and its application is governed by subordinate instruments within the scope of the Commonwealth Public Service Act.
Key Provisions
The primary operative sections of the Statutory Rules 1924 No. 189 are concerned with the amendment of the Commonwealth Public Service Regulations. Specifically, Regulation 64 is amended under the Commonwealth Public Service Act 1922-1924. The amendment involves the removal of certain language regarding holiday rates and the insertion of new provisions (Regulation 64(3)). It also includes a further proviso related to holiday compensation through the grant of time off duty (Regulation 64(3) proviso).
The obligations and requirements imposed by this legislation pertain to public service employees and their employers within the Commonwealth. Employees must now be compensated in accordance with the newly inserted provisions, which specify that certain duties performed on holidays will be compensated by granting time off duty. This amendment aims to ensure that employees receive appropriate compensation for work performed during holidays, aligning with the terms of section 76 of the Act.
Breaches of the provisions outlined in the Statutory Rules 1924 No. 189 could result in various civil or administrative consequences. Although specific penalties are not detailed in the provided text, non-compliance with the amended regulations could potentially lead to disputes regarding compensation, with affected employees seeking redress through appropriate legal channels. The Board of Commissioners, having the authority conferred by the Commonwealth Public Service Act 1922-1924, would likely be involved in resolving such disputes.
The penalties and consequences for non-compliance with the statutory requirements are not explicitly stated in the provided text. However, in the context of public service regulations, failure to adhere to the amended provisions could result in legal action being taken against the employer by affected employees. This could include claims for unpaid compensation or time off duty, which may be pursued through the Fair Work Commission or other relevant tribunals. The precise penalties would depend on the specific circumstances and the outcomes of any legal proceedings.