Commonwealth Public Service Regulations (Amendment)

Overview

The Commonwealth Public Service Regulations 1913 were enacted to amend and provide detailed provisions under the Commonwealth Public Service Act 1902–1911, addressing the need for structured and regulated assurance policies for public servants. This legislative instrument was made by the Governor-General in Council, following the advice of the Federal Executive Council, and aimed to ensure the financial security of public servants through life assurance policies. The regulations superseded the Provisional Regulations under the Act and established a clear scale for assurance payments based on the salary of the public servant, with provisions to adjust the assurance amount in accordance with salary increases and specific circumstances. This was done to provide a reliable safety net for public servants and their families, ensuring that they would receive financial support upon reaching the age of sixty or in the event of premature death.

Scope and Application

The Statutory Rules 1913 No. 209, made under the Commonwealth Public Service Act 1902-1911, provide specific regulations concerning life assurance policies for public servants. These regulations apply to all officers within the Commonwealth public service who are not already assured under a policy. The amount of assurance is determined by the officer's salary, with a scale provided in the regulations, ranging from £150 to £600 depending on the salary bracket, and additional increments of £100 for every £100 of salary above £600. The assurance must be payable to the assured person upon reaching the age of sixty or to their personal representatives if the person dies before that age, with a provision allowing the Commissioner to extend the payout to sixty-five years in special circumstances. These regulations supersede the Provisional Regulations (Statutory Rules 1913, No. 109) and are intended to ensure that public servants have appropriate life assurance coverage based on their salaries.

Key Provisions

The primary operative sections of the regulation pertain to the amount of assurance required for policies taken out by public servants under the Commonwealth Public Service Act 1902. Section 172 sets out a scale for the payment of an assurance amount to be paid to the person assured or their representatives upon reaching the age of sixty, or within three months of death if the person dies before that age. The amount of assurance is determined based on the officer's salary at the time of appointment or promotion, with specific amounts linked to salary brackets. For instance, an officer with a salary of £156 or less would receive an assurance of £150, while an officer earning between £204 and £312 would receive £300. The Commissioner may allow an assurance payable at sixty-five years of age in exceptional circumstances. Section 173 further clarifies that the assurance amount can be increased by £100 for every additional £100 of salary above £600, with the increase in assurance to be made in accordance with a specified table of rates and the ages of the assured at the times the assurances are increased. These provisions outline the financial protection available to public servants, ensuring they receive a benefit based on their salary upon reaching a certain age or in the event of their death before reaching that age. The obligations imposed by these sections primarily fall on the Commonwealth public servants and the Commissioner. Public servants must ensure that their assurance policies comply with the specified scale and rates as outlined in the regulations. The Commissioner, on the other hand, is responsible for overseeing the implementation of these provisions, including the approval of any variations in the age of assurance payment in special circumstances. The Commissioner also needs to ensure that any increases in assurance due to salary increments are correctly applied according to the established rates. Breach of these regulations may not be explicitly detailed in the provided text, but it can be inferred that any non-compliance with the assurance scale and rates could result in legal or administrative consequences. While the exact penalties are not specified, the regulations are made under the authority of the Commonwealth Public Service Act 1902, which may include provisions for penalties or other sanctions for non-compliance with the Act's requirements. Typically, such breaches might result in financial penalties or corrective actions taken against the public servant or the Commissioner, depending on the nature and severity of the breach.