Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1946, No. 153, titled the "Regulation under the Commonwealth Public Service Act 1922-1946", was enacted by the Public Service Board and approved by the Governor-General in October 1946. This legislation aimed to address specific conditions and allowances for officers serving in the Commonwealth Public Service, particularly those in roles requiring additional duties outside regular working hours. The policy objective behind this regulation was to provide adequate compensation for the extra responsibilities undertaken by engineers on lighthouse vessels during specific hours, thereby ensuring fair treatment and maintaining the efficiency of the public service. This legislative instrument amends the Commonwealth Public Service Regulations by repealing Regulation 95a and inserting a new regulation that provides for an allowance equivalent to a day’s pay for engineers on lighthouse vessels who perform ship-keeping duties between 5 p.m. and 7 a.m. while in port. This change was necessary to accurately reflect the additional workload and responsibilities these officers face during unconventional hours.

Scope and Application

The Statutory Rules 1946, No. 153, under the Commonwealth Public Service Act 1922-1946, specifies amendments to the Commonwealth Public Service Regulations, particularly addressing the allowances for Engineers on lighthouse vessels. This regulation applies to Commonwealth officers specifically holding the position of Engineer on a lighthouse vessel. It provides for an allowance equivalent to a day’s pay for performing ship-keeping duties between the hours of 5 p.m. and 7 a.m. while in port. This allowance is calculated in accordance with a specific formula outlined within the regulation. The scope of the Act is limited to the federal level, applying across the Commonwealth of Australia and is subject to the approval of the Governor-General. No exclusions or exemptions are mentioned in the provided text, and the regulation does not extend or restrict application through subordinate instruments as per the provided excerpt.

Key Provisions

This statutory rule amends the Commonwealth Public Service Regulations, specifically introducing Regulation 95a which addresses the allowance for engineers on lighthouse vessels. Under Regulation 95a(1), an officer who is an engineer on a lighthouse vessel may be paid an allowance equivalent to a day's pay if they are required to perform ship-keeping duties in port between the hours of 5 p.m. and 7 a.m. This allowance is intended to compensate for the additional duties and the inconvenience of working outside regular hours. Regulation 95a(2) specifies that the day's pay for the purpose of this allowance is to be calculated according to a formula detailed within the regulation, though the exact formula is not provided in the excerpt. The obligations imposed by this regulation primarily fall on the officers who are engineers on lighthouse vessels. These officers must ensure they meet the criteria for the allowance, which includes performing ship-keeping duties within the specified time frame in port. The Public Service Board is responsible for overseeing the implementation and application of this regulation, ensuring that eligible officers receive the appropriate allowance as per the terms outlined. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the provided excerpt for non-compliance with this regulation. However, it can be inferred that failure to adhere to the conditions for receiving the allowance might result in the officer not being paid the equivalent of a day's pay for the specified duties. The regulation itself does not detail specific penalties but implies that compliance is necessary to receive the stipulated allowance.