STATUTORY RULES.
1924. No. 105.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922 (EIGHTH AMENDMENT, 1924).
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922, 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 5th June, 1924.
Date this tenth day of July, 1924.
C. B. B. White, Chairman, W. J. Skewes, J. P. McGlinn, | Board of Commissioners. |
Approved in Executive Council this twenty-third day of July, 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 67 is amended by omitting from sub-regulation (11) thereof the following:—
“(b) In the case of officers whose daily hours of duty vary with the volume of work to be performed, a deduction at the rate of one-twelfth for a public half-holiday and one-sixth for a public holiday, and a corresponding reduction for authorized leave, shall be made:
Provided that when a public holiday is proclaimed on a day on which an officer would ordinarily be required to attend for only portion of a day the deduction shall be the time which the officer would ordinarily have worked on that day.”
and inserting in its stead the following paragraph:—
“(b) In the case of officers whose daily hours of duty vary with the volume of work to be performed, the deduction shall be:—
(i) For a full day’s absence on authorized leave or for a public holiday—
The number of hours which would ordinarily have been paid for in respect of an average day’s duty on the day of absence or on which the public holiday occurred; or
(ii) For a half-day's absence on authorized leave or for a public half-holiday—
The number of hours, from the commencement of the authorized leave or the half-holiday, required to complete the time which would ordinarily have been paid' for in respect of an average day's duty on the day on which the officer was absent or on which the half-holiday occurred; or
(iii) For authorized leave of less than half a day or for more than half a day but less than a full day—
The actual number of hours' leave granted."
C.10339.—Price 3d.
Overview
The Statutory Rules 1924, No. 105, titled Regulations under the Commonwealth Public Service Act 1922 (Eighth Amendment, 1924), were enacted to amend the existing Commonwealth Public Service Regulations. These regulations were introduced to address the need for a more flexible approach to deductions for authorised leave and public holidays for public service officers whose daily hours of duty vary according to the volume of work. This amendment was made by the Board of Commissioners appointed under the Commonwealth Public Service Act 1922, with the approval of the Governor-General. The policy objective was to provide a fair and equitable method for calculating deductions for authorised leave and public holidays, thereby ensuring consistency and clarity in the application of the regulations.
Scope and Application
The Legislative Instrument 1924 No. 105, titled "Regulations under the Commonwealth Public Service Act 1922 (Eighth Amendment, 1924)," pertains to the Commonwealth Public Service and modifies existing regulations to adjust the conditions under which deductions are made for authorized leave and public holidays for public servants. This amendment applies to all officers within the Commonwealth Public Service whose daily hours of duty are variable, impacting their leave deductions based on the actual hours they would have worked on a given day. The amendment seeks to clarify and adjust the formula for calculating deductions to ensure fairness and accuracy in remuneration for public servants. The changes are designed to be nationally applicable, extending across all jurisdictions within the Commonwealth of Australia, as it pertains to federal public service employees. The regulation does not explicitly mention any exclusions or exemptions, indicating that it is broadly applicable to all affected officers unless otherwise specified by subordinate instruments or additional legislative provisions.
Key Provisions
The primary operative sections of these Regulations under the Commonwealth Public Service Act 1922 (Eighth Amendment, 1924) are concerned with the amendment of Regulation 67. Regulation 67 (11) is modified to adjust the method of calculating deductions for authorized leave and public holidays among officers whose daily hours of duty fluctuate based on the workload. Specifically, the amendment removes the previous rate-based deductions for public holidays and half-holidays, replacing them with a calculation based on the number of hours that would ordinarily have been paid for in respect of an average day's duty. This change is detailed in the new sub-regulation (b), which provides three distinct scenarios for calculating deductions: full day's absence or public holiday, half-day's absence or public half-holiday, and authorized leave of less than half a day or more than half a day but less than a full day.
These Regulations impose specific obligations on the public service officers and their employers. Officers whose daily hours vary with the volume of work must now have their leave and holiday deductions calculated based on the number of hours that would ordinarily have been paid for an average day's duty. This includes calculating the exact hours for full and half-day absences or holidays and the actual number of hours for leave less than half a day or more than half a day but less than a full day. Employers are required to ensure compliance with these new calculations when processing leave and holiday entitlements.
Breaching these Regulations could result in civil or criminal consequences, although the specific provisions for penalties are not detailed in the text provided. Generally, under Australian administrative law, failure to comply with statutory regulations could lead to enforcement actions, fines, or other penalties as determined by the relevant authorities. The exact penalties would depend on the severity of the breach and any additional legislative provisions that may apply.