Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1912, No. 179, is a legislative instrument enacted to address discrepancies in salary payments for officers within the Commonwealth Public Service who perform duties above their designated class or grade. This regulation, issued under the Commonwealth Public Service Act 1902, was made by the Governor-General in Council, reflecting the Federal Parliament's intent to provide equitable remuneration for officers who take on responsibilities beyond their official classification. The primary policy objective is to ensure that officers are appropriately compensated for undertaking higher-level duties, thereby maintaining fair treatment within the public service. This regulation superseded an earlier provisional regulation to streamline the process and provide clearer guidelines for salary adjustments.

Scope and Application

The Regulation under the Commonwealth Public Service Act 1902 applies to officers within the public service who perform duties of a higher class or grade than their current classification. Specifically, it pertains to any officer who, for a period exceeding six months, carries out the responsibilities of a position that is ranked higher than their appointed level. This regulation allows for additional payment to be granted to such officers, subject to the approval of the Commissioner, to cover the difference between their current salary and the minimum salary of the higher class or grade position they are fulfilling. The regulation is applicable across the Commonwealth, thus covering all public service officers nationwide. It supersedes any previous provisional regulations, ensuring that the most current stipulations are in effect. The regulation does not specify any exclusions or exemptions, but it does rely on the approval of the Commissioner, which could be seen as an implicit control mechanism over its application.

Key Provisions

The main operative sections of the Regulation under the Commonwealth Public Service Act 1902 (C1912L00179) provide specific provisions regarding the payment of additional salary for officers performing duties of a higher class or grade. Section 166a allows an officer to be granted a payment in addition to their salary if they perform duties of a position that is of a higher class or grade than their classified position, provided the duties are performed for a period in excess of six months. This additional payment is to be at a rate equal to the difference between their salary and the minimum salary of the higher class or grade position, subject to the approval of the Commissioner. Section 2 of the Regulation indicates that it supersedes the Provisional Regulation dated 13th June, 1912 (Statutory Rules 1912, No. 117). The obligations imposed by this Act primarily fall on officers who are performing duties of a higher class or grade than their classified position. These officers must ensure that the duties they are performing qualify under the conditions set out in Section 166a. They must also apply for approval from the Commissioner to receive the additional payment, and provide any necessary documentation or evidence to substantiate their claim for the additional salary. The Commissioner, on the other hand, is obligated to review the application, verify the duties performed, and decide whether to approve the additional payment based on the officer's performance of duties exceeding six months in a higher class or grade position. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulation itself. However, failure to comply with the requirements or submitting false information to the Commissioner could potentially lead to disciplinary actions under the Commonwealth Public Service Act 1902, which may include dismissal from service, depending on the severity of the breach. The maximum penalties for such disciplinary actions are not explicitly stated in this Regulation but would be determined according to the provisions of the overarching Act.