Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1939 No. 113, Regulations under the Commonwealth Public Service Act 1922-1937, were enacted to address issues related to the payment of Commonwealth public service officers who enlisted or were called up for war service under the Defence Act 1903-1939. These regulations were made by the Public Service Board, pursuant to the authority conferred by the Commonwealth Public Service Act, and were subject to the approval of the Governor-General. The policy objective behind these amendments was to ensure that officers who enlisted for military or naval purposes and were granted leave of absence would receive fair compensation for any difference in their pay during the leave period. Specifically, officers whose Defence Force pay was less than their Commonwealth Public Service pay were to be compensated for the first sixteen calendar days of their leave of absence. These regulations aimed to provide clarity and support to public servants transitioning to military duties during times of national emergency.

Scope and Application

The Statutory Rules 1939 No. 193, Regulations under the Commonwealth Public Service Act 1922-1937, were made by the Public Service Board and approved by the Governor-General, coming into operation on 2 September 1939. These Regulations amend the Commonwealth Public Service Regulations, specifically altering Regulation 51 to provide that officers granted leave of absence for military or naval purposes may receive an amount equal to the difference between their officer's pay and their Defence Force pay for the first sixteen days of that leave, provided their Defence Force pay is less. The term 'pay as an officer' includes emoluments as determined by the Board. The regulation also applies to temporary employees, with the caveat that leave cannot extend beyond the date their services would otherwise terminate.

Key Provisions

The main operative sections of these regulations concern the amendment of the Commonwealth Public Service Regulations. Specifically, regulation 51 is repealed and replaced with a new regulation (paragraph 2). The new regulation allows officers enlisted in or appointed to an Expeditionary Force under the Defence Act 1903-1939, or called up for war service, who are granted leave of absence under section 72 of the Defence Act, to receive a payment if their Defence Force pay is less than their Commonwealth Public Service pay. This payment covers the difference for the first sixteen calendar days of their leave of absence (paragraph 2(1)). The term 'pay as an officer' includes any emoluments determined by the Board, and the regulation applies to temporary employees with the condition that their leave does not extend beyond their service termination date (paragraph 2(2) and (3)). These regulations impose specific obligations on Commonwealth Public Service officers and temporary employees who are enlisted in or called up for war service. They must ensure they are granted leave of absence under the Defence Act to be eligible for the payment of the difference in pay for the first sixteen days of their leave if their Defence Force pay is less than their Commonwealth Public Service pay. Temporary employees must also ensure their leave does not extend beyond their service termination date. The Board is responsible for determining the emoluments that constitute 'pay as an officer'. Breaches of the provisions within these regulations do not explicitly state any offences, penalties, or consequences. However, any failure to comply with the conditions for payment or the determination of emoluments could potentially lead to disputes or administrative actions. The regulations themselves do not outline specific penalties for non-compliance, but such breaches could be subject to the general administrative and legal consequences as outlined in other relevant legislation and administrative processes.