Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1924, No. 161, titled "Regulations Under the Commonwealth Public Service Act 1922 (Seventeenth Amendment, 1924)," were enacted to address the need for specific salary limits in newly created positions within the Third Division of the Commonwealth Public Service. This legislative instrument, which came into effect on 1 September 1924, was introduced by the Board of Commissioners under the authority granted by the Commonwealth Public Service Act 1922. The primary policy objective of this amendment was to ensure that the salaries of officers in new roles were appropriately set, while also providing safeguards for officers transferred to these positions until they are formally classified. The regulation specifies that the salary limits for new offices in the Third Division must be determined by the Governor-General, following a recommendation by the Board, and ensures that any officers transferred to these new roles are not paid less than their previous entitlements unless otherwise decided by the Board.

Scope and Application

The Seventeenth Amendment of the Commonwealth Public Service Regulations, coming into effect on 1 September 1924, pertains specifically to the salary limits for officers in new positions established within the Third Division of the Commonwealth Public Service. This amendment applies to all officers who are appointed to these new offices, ensuring their remuneration adheres to the specified salary caps outlined in Table A or B of Regulation 105. The regulation is subject to the approval of the Governor-General, following the Board of Commissioners' recommendations. Notably, if an officer is transferred to a new office within a section of the Commonwealth Service that has not yet been classified under the relevant subsection of the Act, the officer’s salary will not decrease below their previous entitlement unless the Board makes a specific determination otherwise. This amendment extends across the Commonwealth, ensuring uniformity in salary administration across various sectors and regions within the federal public service.

Key Provisions

The primary amendment introduced by Statutory Rules 1924, No. 161 pertains to the salary limits for officers in any new office created within the Third Division, as outlined in regulation 105a (1). According to this regulation, the salary limits for these new positions are determined by the Governor-General, who acts on the recommendation of the Board of Commissioners. The salary is based on the amounts specified in either Table A or Table B of regulation 105. However, if the new office is created in a section of the Commonwealth Service that has not yet been classified under sub-section (1) of section 27 of the Commonwealth Public Service Act 1922, then officers transferred to that office must receive a salary that is not less than what they were earning prior to the transfer. This provision remains in effect until the section is formally classified and the Board of Commissioners makes a different determination. The Act imposes several obligations and requirements on the parties involved, particularly the Board of Commissioners and the Governor-General. The Board of Commissioners is responsible for recommending salary limits for new offices created in the Third Division. This recommendation is based on the information provided in Tables A and B of regulation 105 and must be submitted to the Governor-General for final approval (1). Additionally, the Board must ensure that officers transferred to unclassified sections receive a salary not less than their previous earnings until the section is classified and a new determination is made. There are no explicit references to offences, penalties, or civil/criminal consequences for breach within the text of the Statutory Rules 1924, No. 161. However, the Act's governance framework implies that failure to adhere to the prescribed salary limits or misclassification of sections could potentially lead to administrative or legal repercussions. While the specific penalties are not outlined in the statutory rules, breaches of public service regulations can generally result in disciplinary actions, financial penalties, or other corrective measures as deemed appropriate by the relevant authorities.