Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1905 No. 17, specifically the Amendment of Regulation No. 102 under the Commonwealth Public Service Act 1902, was enacted in 1905 to address issues related to the determination of relative seniority and salary adjustments for officers within the General Division of the public service. The amendment was introduced to ensure that officers who are transferred or promoted to new offices or grades are granted appropriate relative seniority based on their prior salary and tenure in the previous position, while also setting a salary ceiling for their new role that does not exceed the maximum rate for that office or grade. This legislative instrument was issued by the Governor-General in Council under the authority of the Commonwealth Public Service Act 1902 and aims to provide clarity and fairness in the public service’s internal ranking and remuneration system.

Scope and Application

The statutory rules numbered 1905. No. 17, made under the Commonwealth Public Service Act 1902, pertain specifically to amendments of Regulation No. 102. This legislation applies to officers within the Commonwealth Public Service who are transferred or promoted to any office or grade in the General Division. The primary concern of these rules is to determine the relative seniority of such officers based on their prior salary and the duration for which they have received it. The rules ensure that the salary of an officer upon transfer or promotion adheres to certain conditions: it must not be less than the salary received immediately before the transfer or promotion, while also ensuring that it does not exceed the maximum permissible rate for the new office or grade. Furthermore, these statutory rules revoke the Provisional Regulation No. 74 of 1904, which had been previously enacted under the same Act. These provisions are designed to maintain a coherent and fair structure within the public service, ensuring both continuity and progression in officers' careers while adhering to predefined salary scales.

Key Provisions

The primary operative sections of this legislation involve the determination of relative seniority for officers transferred or promoted within the General Division of the Commonwealth Public Service (s. 102). This section stipulates that an officer's relative seniority is established by their salary and the duration for which they have received that salary. Furthermore, it mandates that the salary of a transferred or promoted officer should not be less than what they received previously but must not exceed the maximum salary for their new office or grade. Additionally, this regulation repeals a previous Provisional Regulation (s. 2), which was Statutory Rules, 1904, No. 74, under the Commonwealth Public Service Act 1902. The obligations imposed by this Act on the relevant parties primarily revolve around the accurate determination and maintenance of salaries and relative seniority for officers within the General Division. For instance, when an officer is transferred or promoted, their new relative seniority must be based on their previous salary and the length of time they have received that salary. The Act also requires that the salary of the officer should not be less than their previous salary but should not exceed the salary cap for their new position. Breaching the provisions of this regulation could lead to various consequences. However, the statutory instrument does not explicitly outline specific offences, penalties, or consequences for non-compliance. Given that this regulation falls under the broader framework of the Commonwealth Public Service Act 1902, any breaches could potentially be subject to the penalties stipulated within that Act. Typically, penalties for breaches in public service regulations could include fines, disciplinary actions, or even termination of employment, depending on the severity and nature of the breach.