Commonwealth Public Service Regulations (Amendment)

Legislation au C1928L00104 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1928. No. 104.

 

REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924.

THE President of the Senate and the Speaker of the House of Representatives, in pursuance and exercise of the authority conferred upon them by the Commonwealth Public Service Act 1922-1924, and subject to the approval of the Governor-General, hereby make the following amendment of Regulation, such amendment to come into operation as from the first day of January, 1928.

Dated this 19th day of September, 1928.

LITTLETON E. GROOM

Speaker of the House of Representatives.

JOHN NEWLANDS

President of the Senate.

Approved in Executive Council this twenty-seventy day of September, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

C. W. C. MARR

for Prime Minister.

 

Amendment of the Commonwealth Public Service (Parliamentary Officers) Regulation.

The Regulation contained in Statutory Rules 1928, No. 12, is repealed and the following regulation inserted in its stead:—

(1) Subject to the approval of the Prescribed Authority, any person who, by reason of the removal of a parliamentary department was compulsorily transferred to Canberra, or was appointed to a position in a parliamentary department before the twentieth

2458.—Price 3d.


day of October, 1927, may be paid, until otherwise determined by the Prescribed Authority, a special allowance in accordance with the following scales:—

Scales of Allowance.

Salary of Officer.

A.

B.

C.

D.

Married Officer who Purchases or Builds a House at Canberra.

Married Officer who Rents a House at Canberra.

Married Officer other than as Specified in A and B.

Unmarried Officer.

Rate per annum.

Rate per annum.

Rate per annum.

Rate per annum.

 

£

 

 

£

£

£400 and under...............

54

£39 plus an amount, excluding fractions of a pound, equal to 20 per cent. of the annual rent paid

39

26

£401 to £600................

63

£601 to £1,000...............

69

£1,001 and upwards

75

 

 

 

 

 

 

 

 

(2) Subject to the approval of the Prescribed Authority, an officer, other than an officer receiving allowance under sub-regulation (1) of this regulation, appointed, transferred or promoted to an office involving residence in Canberra, may be paid, until otherwise determined by the Prescribed Authority, a special allowance in accordance with the following scales:—

Scales of Allowance.

 

A.

B.

Salary of Officer.

Married Officer who Purchases or Builds a House at Canberra.

Married Officer who Rents a House at Canberra.

 

Rate per annum.

Rate per annum.

 

£

 

£400 and under...............

15

An amount equal to 20 per cent., excluding fractions of a pound, of the annual rent paid

£401 to £600................

24

£601 to £1,000...............

30

£1,001 and upwards...........

36

(3) For the purpose of this Regulation a married officer shall include a widower with dependent children and any officer maintaining dependents whose circumstances in the opinion of the Prescribed Authority justify inclusion.

(4) In the preceding parts of this Regulation “rent” means the amount paid to the Federal Capital Commission as the house and ground rent for the residence occupied exclusive of rates or other charges, such rent being fixed upon the basis determined by the Federal Capital Commission for general application.

(5) In any case where an officer stationed at Canberra is paying rent other than as defined in the next preceding sub-regulation, the Prescribed Authority may determine the amount of allowance,


if any, to be paid, provided that such amount shall not exceed 20 per cent. of the annual rent so paid, exclusive of rates or other charges.

(6) Until otherwise determined by the Prescribed Authority, an officer appointed, transferred, or promoted to an office involving residence in Canberra who resides at one of the Federal Capital Commission hotels or boarding-houses may be paid an allowance equal to 25 per cent. of the amount charged the officer for his board and lodging, but not exceeding £39 per annum. Such allowance shall not be paid in addition to allowance payable under sub-regulation (1) of this regulation.

(7) For the purposes of this Regulation “Prescribed Authority” in relation to any approval, determination or opinion required to be given made or formed—

(a) in respect of an officer of the Senate—means the President of the Senate;

(b) in respect of an officer of the House of Representatives—means the Speaker of the House of Representatives; and

(c) in respect of an officer of the Parliamentary Library, the Parliamentary Reporting Staff or of the Joint House Department—means the President of the Senate and the Speaker of the House of Representatives.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Commonwealth Public Service (Parliamentary Officers) Regulation 1928 was enacted to address the logistical and financial challenges faced by parliamentary officers who were required to relocate to Canberra due to the removal of parliamentary departments. The regulation was established under the Commonwealth Public Service Act 1922-1924 by the President of the Senate and the Speaker of the House of Representatives, with the approval of the Governor-General. The primary objective of this regulation was to provide financial assistance to parliamentary officers who were compulsorily transferred to Canberra or appointed to positions in parliamentary departments before October 20, 1927, by offering them a special allowance to help cover the costs associated with their relocation. This allowance varied based on the officer's marital status, salary, and housing arrangements, whether they purchased, built, or rented a house, or resided in a Federal Capital Commission hotel or boarding-house. The regulation aimed to ensure that parliamentary officers could effectively manage their relocation and continue to perform their duties without undue financial hardship.

Scope and Application

This statutory rule amends the Commonwealth Public Service (Parliamentary Officers) Regulation, affecting employees within the Commonwealth public service who are compulsorily transferred to Canberra due to the relocation of a parliamentary department or appointed to a position in a parliamentary department prior to October 20, 1927. The regulation sets out specific allowances for these officers, categorised by their marital status and housing situation, which must be approved by the relevant Prescribed Authority. For those not receiving the initial allowance, additional allowances are available for officers appointed, transferred, or promoted to positions requiring Canberra residence, also subject to Prescribed Authority approval. The allowances vary depending on the officer's salary and housing arrangements, with specific rates provided for married officers who purchase or rent a house, as well as unmarried officers. The regulation also clarifies that "rent" refers to the amount paid to the Federal Capital Commission, excluding rates or other charges, and allows for allowances for officers residing in Federal Capital Commission hotels or boarding-houses. The Prescribed Authority's role in approving these allowances varies depending on the officer's specific department within the parliamentary service.

Key Provisions

The primary sections of this legislative instrument, specifically Statutory Rules 1928, No. 104, under the Commonwealth Public Service Act 1922-1924, establish a new regulation regarding special allowances for officers who are compulsorily transferred to Canberra due to the removal of a parliamentary department, or who are appointed to positions in parliamentary departments before a specified date (subsection (1)). Additionally, it outlines allowances for officers who are appointed, transferred, or promoted to positions requiring residence in Canberra (subsection (2)). The regulation specifies different rates of allowance based on the officer's marital status and housing situation, as well as their salary bracket. These regulations impose specific obligations on the parties involved, namely the President of the Senate, the Speaker of the House of Representatives, and the Prescribed Authority. For officers of the Senate, the President must approve any allowances; for officers of the House of Representatives, the Speaker must approve; and for officers of the Parliamentary Library, the Parliamentary Reporting Staff, or the Joint House Department, both the President of the Senate and the Speaker of the House of Representatives must approve. The Prescribed Authority has the discretion to determine the amount of allowance, ensuring it adheres to the scales and conditions stipulated in the regulation. Moreover, the regulation mandates that allowances are contingent on the officer’s specific circumstances, such as marital status and housing situation, and must be periodically reviewed and approved by the relevant authority. The regulation does not explicitly outline offences, penalties, or specific consequences for breaches. However, the requirement for approval by the Prescribed Authority implies that any non-compliance or unauthorized payment of allowances could potentially lead to administrative or disciplinary actions. Failure to adhere to the prescribed scales or conditions for allowances might result in financial discrepancies or improper payments, which could be subject to review and rectification by the respective authorities. The allowances provided under this regulation are subject to annual review and adjustment by the Prescribed Authority. Any changes to the scales or conditions of allowances will need to be formally approved and communicated to ensure continued compliance. The regulation underscores the importance of maintaining accurate records and proper oversight to ensure that the allowances are paid correctly and fairly, reflecting the specific circumstances of each officer.

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