STATUTORY RULES.
1907. No. 70.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902 to come into operation forthwith.
Dated this 22nd day of June, One thousand nine hundred and seven.
HARRY H. RAWSON,
Governor-General’s Deputy.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
Regulation 66 of the Regulations under the Commonwealth Public Service Act 1902 is repealed and the following Regulation substituted in lieu of it:—
Sunday Work.
66. (1) Where an officer whose ordinary duties require him to work on week days is required to work on Sunday the Permanent Head or Chief Officer may authorize the payment to the Officer for the Sunday work of additional pay in accordance with this Regulation.
(2) In cases where the officer is not allowed an equivalent time off during the preceding or succeeding six days in consequence of having to work on the Sunday, he may be allowed one and a half day’s pay for a full day and a proportionate amount for less than a full day.
(3) In cases where the officer is allowed an equivalent time off during the preceding or succeeding six days in consequence of having to work on the Sunday, he may be allowed half a day’s additional pay for a full day and a proportionate part for less than a full day.
Provided that in all cases where an officer resides on the premises where his duties are performed, and his attendances for work on Sundays are intermittent and for brief periods, he shall not be entitled to claim any additional pay for those attendances.
(4) No officer or employé of the Public Service shall be liable to dismissal or punishment or other disability for refusing on conscientious grounds to work on Sunday if he has previously notified the Chief Officer that he has conscientious scruples against so working; but he shall not refuse when called upon by his immediate superior to perform Sunday work in cases of necessity. If it should subsequently be found that an officer has improperly made use of this Regulation to avoid the performance of his duties his conduct shall be regarded as a breach of Regulations under the Act.
By Authority: J. Kemp, Acting Government Printer Melbourne.
C.7859.—Price 3d.
Overview
The Statutory Rules 1907 No. 70, made under the Commonwealth Public Service Act 1902, address the issue of Sunday work for public service officers. Enacted by the Governor-General in Council, these regulations were designed to provide a framework for compensating officers who are required to work on Sundays, while also accommodating those who have conscientious objections to such work. The primary aim of these regulations is to balance the needs of public service operations with the rights of employees, ensuring fair treatment and providing explicit guidelines for additional pay entitlements for Sunday work. Furthermore, the regulations protect officers who refuse to work on Sundays based on conscientious grounds, provided they have notified their superiors in advance, while also setting out the consequences for improper use of these provisions.
Scope and Application
The Statutory Rules 1907 No. 70, made under the Commonwealth Public Service Act 1902, govern the conditions and payment for Sunday work within the public service sector across Australia. This regulation applies specifically to officers within the Commonwealth public service whose regular duties necessitate working on weekdays but may require them to work on Sundays. The regulation allows for the payment of additional compensation to officers for Sunday work, with varying rates depending on whether the officer is granted an equivalent time off in the preceding or succeeding six days. However, officers residing on the premises where their duties are performed and who work intermittently and for brief periods on Sundays are exempt from receiving any additional pay. Moreover, the regulation ensures that officers who refuse to work on Sunday on conscientious grounds are protected from dismissal or other punitive measures, provided they have notified the Chief Officer of their scruples and only refuse to work in cases of necessity. The regulation applies nationwide, covering all Commonwealth public service officers, and it provides clear guidelines on how additional pay should be calculated and under what circumstances it should be granted or denied.
Key Provisions
The Regulation under the Commonwealth Public Service Act 1902 outlines provisions for officers who are required to work on Sundays. According to Regulation 66, officers whose regular duties are on weekdays and who are required to work on Sundays may be compensated with additional pay (Regulation 66(1)). The amount of additional pay depends on whether the officer is given an equivalent time off within the preceding or succeeding six days (Regulation 66(2) and (3)). However, if the officer resides on the premises where their duties are performed and their Sunday work is intermittent and brief, they are not entitled to any additional pay (Regulation 66(4)). Additionally, officers who refuse to work on Sundays on conscientious grounds are protected from dismissal or punishment, provided they have previously notified the Chief Officer of their scruples, unless the work is necessary (Regulation 66(4)).
Under this Act, the obligations imposed on officers include the necessity to work on Sundays if required, with the understanding that they will receive additional compensation as stipulated. The obligations also extend to the requirement for officers to notify the Chief Officer of any conscientious objections to working on Sundays. Moreover, if an officer resides on the premises where their duties are performed, they must be aware that they are not entitled to additional pay for brief, intermittent Sunday work.
Breach of these regulations can result in consequences. If an officer is found to have improperly used the conscientious objection clause to avoid their duties, their conduct will be considered a breach of the Regulations under the Act, which could lead to disciplinary action. Although the specific penalties are not detailed in the Regulation, breaches of regulations under the Commonwealth Public Service Act 1902 can generally lead to penalties that may include fines or other disciplinary measures as prescribed by the Act or relevant authorities.