Commonwealth Public Service Regulations (Amendment)

Overview

The Commonwealth Public Service Act 1922-1924 (Twenty-Fourth Amendment) Regulations, enacted in 1925, are a legislative instrument designed to amend the Commonwealth Public Service Regulations in line with the overarching framework established by the Commonwealth Public Service Act 1922-1924. This amendment was introduced to address the need for adjustments to the conditions under which overtime is recorded and paid within the public service. The Board of Commissioners, vested with authority under the Act, made these amendments subject to the approval of the Governor-General. Regulation 67, in particular, was modified to align overtime payments with the stipulations of the Arbitration (Public Service) Act 1920, while also providing flexibility for the Board to determine conditions in unprovided-for cases. This legislative instrument reflects a commitment to updating public service regulations to better reflect contemporary employment practices and arbitration outcomes.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1924, as amended by the twenty-fourth amendment in 1925, apply to the conditions under which overtime is recorded and paid within the Commonwealth Public Service. These regulations are applicable to all employees of the Commonwealth Public Service and are intended to ensure that overtime is managed in a manner consistent with relevant arbitration determinations and any additional conditions set by the Board of Commissioners. The amendment came into effect on 18 June 1925, and its application is confined to the Commonwealth level, impacting all federal public servants. The regulations provide specific provisions for recording and paying overtime, with flexibility to address cases not explicitly covered by the regulations through further determinations by the Board. The application of these regulations may be further extended or restricted through subordinate instruments or subsequent amendments as necessary.

Key Provisions

The main operative sections of the Statutory Rules 1925, No. 106, focus on amending the Commonwealth Public Service Regulations, specifically Regulation 67 (1). This amendment, which comes into effect from 18th June 1925, revises the process for recording and paying overtime for public service employees. Instead of following previous rules, overtime now must be recorded and paid in accordance with the new sub-regulation, unless the conditions are otherwise prescribed under the Arbitration (Public Service) Act 1920. If such conditions are not available, the Board will determine the terms for recording and paying overtime from time to time. The Act imposes obligations on the Board of Commissioners and public service employees. The Board of Commissioners is tasked with ensuring that overtime is recorded and paid in line with the amended Regulation 67 (1), and they are given the authority to set conditions when necessary. Public service employees, on the other hand, must comply with these regulations when performing overtime work. This includes adhering to the prescribed conditions for overtime, which may be determined by the Board, and ensuring that their overtime is properly recorded and paid. In terms of offences, penalties, or consequences for breach, the Statutory Rules 1925, No. 106, do not explicitly detail specific penalties or civil/criminal consequences for non-compliance. However, it is implicit that any failure to adhere to the stipulated regulations could result in disciplinary action against the employees, and potentially legal action against the Board for not fulfilling their duty to enforce the regulations. Given the historical context, it is likely that penalties would have been severe, reflecting the seriousness with which public service regulations were treated at the time.