STATUTORY RULES.
1937. No. 87.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1936*
THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1936, 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 Regulation.
Dated this tenth day of August, 1937.
F. G. THORPE,
Commissioner.
Approved in Executive Council this eighteenth day of August, 1937.
Deputy of the Governor-General.
By His Excellency’s Command,
for Prime Minister.
Amendment of the Commonwealth Public Service Regulations.†
“Salary” for purposes of furlough.
Regulation 62 of the Commonwealth Public Service Regulations is amended —
(1) by omitting paragraph (c) and inserting in its stead the following paragraph:—
“(c) district allowance in any case where during furlough an officer remains in the district in respect of which the allowance is payable or, in the case of a married officer, his family, during his absence from the district, remains in that district;”;
(2) by omitting from paragraph (g) the word “and”;
(3) by adding at the end thereof the following paragraph:—
“; and (i) allowance payable to the driver of a motor lorry under clause 1 (a) of Determination No. 30 of 1920 made by the Public Service Arbitrator, as varied by subsequent Determinations, and any allowance payable under paragraph (c) of Schedule “A” of Determination No. 22 of 1935 made by the Public Service Arbitrator, as varied by subsequent Determinations: Provided that any such allowance has been paid to the officer concerned for at least two-thirds of his working time in the twelve months preceding the date upon which his furlough commences or payment is to be made in lieu of furlough.”.
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; and 1937, Nos. 11, 25, 54, 60, 74 and 78.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4200.—9/5.8.1937.—Price 3d.
Overview
The Statutory Rules 1937, No. 87, enacted by the Public Service Board under the authority of the Commonwealth Public Service Act 1922-1936, aims to amend the Commonwealth Public Service Regulations concerning the definition of "salary" for the purposes of furlough. This legislative instrument addresses the need to clarify the inclusion of certain allowances in the salary computation during furlough, ensuring that employees receive appropriate compensation during their absence from duty. The regulations were approved by the Governor-General and reflect a policy objective to provide clarity and fairness in the remuneration of public service employees during furlough.
Scope and Application
The Statutory Rules 1937, No. 87, made under the authority of the Commonwealth Public Service Act 1922-1936, amends the Commonwealth Public Service Regulations to modify the definition and scope of "salary" for the purposes of furlough, specifically concerning district allowances and certain other allowances for officers who are granted furlough. This regulation applies to officers within the Commonwealth Public Service who are eligible for furlough, ensuring that specific allowances continue to be payable if certain conditions are met, such as the duration of employment and the payment of allowances prior to the furlough. The regulation has a national jurisdictional reach as it pertains to the Commonwealth Public Service, which operates across all states and territories within Australia. The regulation does not explicitly state any exclusions, but the provisions are conditional upon the payment of allowances over a specified period prior to furlough. The application of this regulation may be further detailed or extended through subsequent subordinate instruments made under the Commonwealth Public Service Act.
Key Provisions
The key provision of the Statutory Rules 1937 No. 87, Regulations under the Commonwealth Public Service Act 1922-1936, involves an amendment to Regulation 62 of the Commonwealth Public Service Regulations (section 1). Specifically, the amendment modifies the definition of "salary" for the purposes of furlough. The regulation now includes district allowances for officers who remain in the district during furlough or whose families remain there if the officer is absent (section 1(1)). Furthermore, it removes a conjunction from paragraph (g) and adds a new subparagraph (i) to include allowances for drivers of motor lorries and other specified allowances, provided they have been paid for at least two-thirds of the officer's working time in the preceding twelve months (section 1(2) and (3)).
The obligations imposed by this amendment on public service officers are primarily related to the eligibility criteria for certain allowances during furlough. Officers must ensure that any allowances they receive, such as district allowances or those for motor lorry drivers, have been paid for at least two-thirds of their working time in the year prior to their furlough. This requirement ensures that the payments are consistent and continuous, thereby maintaining the integrity of the furlough provisions under the Commonwealth Public Service Regulations.
Failure to meet these criteria may result in officers not being eligible for the allowances during their furlough period. Although the legislation does not explicitly outline specific offences or penalties for non-compliance, it is likely that any breach of these conditions could be subject to internal disciplinary actions by the Public Service Board or other relevant authorities under the Commonwealth Public Service Act 1922-1936. The consequences could include financial penalties or other administrative sanctions as deemed appropriate by the governing body.