Commonwealth Public Service Regulations (Amendment)

Overview

Statutory Rules 1931, No. 54 amends the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1930. This legislative instrument was enacted to address the financial needs of public servants who were compulsorily transferred to Canberra due to the removal or anticipated removal of their departments to the new capital city. The Board of Commissioners, established under the Commonwealth Public Service Act, introduced these amendments to provide a special allowance for eligible officers residing in Canberra. The policy objective is to ensure that public servants who are relocated to Canberra receive appropriate financial support to cover living expenses, thereby maintaining their capacity to serve effectively in the new capital. The amendment, which came into operation on 14 May 1931, sets out specific conditions under which public servants are eligible for the allowance. These include the date of their appointment, their marital status, and whether they have purchased or built a house in Canberra. The allowance rates are differentiated based on marital status and living arrangements, aiming to mitigate the financial burden of relocation on public servants. The Board of Commissioners, acting under the authority conferred by the Commonwealth Public Service Act, made these regulations subject to the approval of the Governor-General.

Scope and Application

The amendment of the Commonwealth Public Service Regulations, made under the Commonwealth Public Service Act 1922-1930, pertains to officers who are compulsorily transferred to Canberra due to the relocation or anticipated relocation of their departments. This amendment allows for the payment of a special allowance to these officers if they reside in Canberra, subject to the approval of the Board of Commissioners. The allowance is set at thirty-nine pounds per annum for married officers, or twenty-six pounds per annum for unmarried officers, and it includes widowers with dependent children and officers maintaining dependents whose circumstances justify inclusion. This regulation does not apply to officers appointed after 1 June 1927 unless they have been continuously employed by a department or branch that will be relocated to Canberra from 1 January 1928, nor does it apply to officers transferred from Canberra unless the Board determines that the circumstances justify the payment of the allowance upon re-transfer. The Board also has the authority to determine specific conditions and exceptions, including the cessation or continuation of allowances previously approved, as well as the requirement for officers to notify the Chief Officer of any changes affecting their eligibility or residence status.

Key Provisions

The main operative sections of the Statutory Rules 1931, No. 54, as an amendment to the Commonwealth Public Service Regulations, pertain to the allowances that officers are entitled to if they are transferred to Canberra due to their department's relocation or other specified circumstances. Specifically, Regulation 97b(1) provides for a special allowance for officers who are compulsorily transferred to Canberra, either if they are married or if they are unmarried. This allowance is payable at a rate of thirty-nine pounds per annum for married officers and twenty-six pounds per annum for unmarried officers, subject to certain conditions and the approval of the Board of Commissioners. Regulation 97b(2) defines what constitutes a married officer for the purpose of this allowance, including widowers with dependent children and officers maintaining dependents whose circumstances warrant inclusion. Regulation 97b(3) further provides for an allowance based on the cost of board and lodging in Commonwealth hotels or boarding houses, not exceeding thirty-nine pounds per annum. Regulations 97b(4) and 97b(5) address the transitional arrangements for officers who were already receiving allowances prior to the commencement of these regulations, ensuring that their entitlements are preserved unless otherwise determined by the Board. Finally, Regulation 97b(6) imposes a duty on officers to notify the Chief Officer of any changes in their domestic circumstances or place of residence that may affect their eligibility for an allowance. The obligations and requirements imposed by these regulations primarily concern the officers who are subject to the transfer to Canberra and the Board of Commissioners, which is responsible for approving and determining the allowances. Officers must notify the Chief Officer of any changes in their circumstances that may affect their entitlement to allowances, as specified in Regulation 97b(6). The Board of Commissioners has the authority to approve the allowances under Regulation 97b(1) and to determine whether the transitional provisions in Regulations 97b(4) and 97b(5) should be continued. Additionally, the Board has the discretion to exclude certain officers from the allowances based on their appointment dates and the circumstances of their transfer, as outlined in Regulation 97b(1)(a) and (b). In terms of consequences for breach, the regulations themselves do not explicitly outline offences, penalties, or consequences for non-compliance. However, the failure of an officer to notify the Chief Officer of changes in their circumstances that affect their eligibility for an allowance, as required by Regulation 97b(6), could potentially lead to the cessation of the allowance if such non-compliance is discovered. The Board of Commissioners, which has the authority to approve and determine allowances, could also impose sanctions or penalties for non-compliance with the notification requirement. Given that these regulations are part of the framework governing the Commonwealth Public Service, breaches might also result in disciplinary action under other provisions of the Commonwealth Public Service Act or related legislation, although specific penalties would need to be determined in the context of those broader legal frameworks.