Commonwealth Public Service Regulations (Amendment)

Legislation au C1924L00052 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No 52.

 

REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922 (SECOND AMENDMENT, 1924.

THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the GovernorGeneral, hereby makes the following amendments of the Regulations, such amendments to come into operation forthwith.

Dated this twelfth day of March. 1924.

C. B. B. White, Chairman,

W. J. Skewes,

J.P. McGlinn,

Board of Commissioners

Approved in Executive Council this second day of April, 1924.

FORSTER,

GovernorGeneral.

By His Excellency’s Command,

Ll. ATKINSON,

for Prime Minister.

 

Amendment of Commonwealth Public Service Regulations.

(Statutory Rules 1923, No. 93 as amended to this date.)

Regulation 15 is amended by omitting the proviso to subregulation (2) thereof, and inserting in its stead the following proviso:—

“Provided that where the leave is not so deducted and payment is made for overtime worked during the thirty days succeeding such leave, the period of leave, or, where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.”

Regulation 49 is amended by omitting from subregulation (1) thereof the following:—

“Officers stationed in places remote from large centres of population, or at lighthouses, and officers whose duties cannot ordinarily be performed within usual regular hours, and to whom no compensation in time or money has been given for the extra time worked, may be granted by the Chief Officer twentyfour days’ leave of absence in any year, exclusive of Sundays and holidays, for recreation purposes:

and inserting the following in its stead:—

“Officers stationed in places remote from large centres of population, or at lighthouses, may be granted by the Chief Officer twentyfour days’ leave of absence in any year, exclusive of Sundays and holidays, for recreation purposes. Officers whose duties cannot ordinarily be performed within usual regular hours, and to whom, no compensation in time or money has been given for the extra time worked, may he similarly granted twentyfour days’ leave of absence in any year on the approval of the Board:”

C.5409.—Price 3d.


Regulation 50 is amended by omitting the proviso to subregulation (2) thereof, and inserting, in its stead the following proviso:—

“Provided that where the leave is not so deducted and payment is made for overtime worked during the thirty days succeeding such leave, the period of leave, or, where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.”

Regulation 54 is amended by omitting subregulation (2) thereof and inserting in its stead the following subregulation:—

“(2) Subject to subregulation (1) of this regulation, where sick leave is granted without the production of a medical certificate or other evidence approved by the Board, such leave shall be without pay.”

Regulation 55 is amended by adding at the end thereof the following subregulation:—

“(3) Notwithstanding anything contained in this regulation, where the illness of an officer is due to injury sustained in the performance of his duty, the Board may, subject to the Act, determine from time to time the period of leave of absence on account of illness which may be granted to that officer and the conditions under which the leave may be granted.”

Regulation 72 is amended by adding at the end thereof the following subregulation:—

“(2) So long as the holder of the office of DirectorGeneral of Works is stationed at the Territory for the Seat of Government and controls the operations of the Department of Works and Railways in that Territory, that office shall, in respect of all officers of that Department stationed in the Territory, constitute the holder thereof ex officio a Chief Officer of a Department.”

Regulation 87 is amended by adding at the end thereof the following proviso:—

“Provided that in the case of officers who ordinarily work seven days per week, such as lightkeepers, the period of twentysix working days mentioned shall be exclusive of Sundays.”

Regulation 96 is repealed and the following regulation inserted in its stead:—

Officer appointed to station away from home.

“96. Where an officer is appointed or transferred to a position the duties of which necessitate his residing away from home, the Board may grant to the officer such allowance, not being less than is sufficient to raise his total remuneration to £106 per annum, as the Board determines.”

Regulation 107 is amended by omitting the words “Permanent Head”, and inserting in their stead the words “Chief Officer”.

Regulation 113 is repealed and the following regulation inserted in its stead:—

Transfer from Fourth to Third Division

“113. Upon the transfer of an officer from the Fourth to the lowest class of the Third Division (except in the case of transfers to such positions as are specified from time to time by the Board) he shall be paid the salary which would have been granted to an officer of similar age who had completed two years’ service in that


class. In transfers to such specified positions or to a position a class other than the lowest class of the Third Division, the salary which shall be paid on transfer shall be as determined by the Board.

Provided that, in the case of a returned soldier, the salary to be paid on transfer shall be as determined by the Board, but not less than would be payable to him under this regulation.”

Regulation 137 is amended by inserting in subregulation (1) thereof, after the word “Sundays”, the words “and holidays”.

Regulation 159 is amended by inserting after the word “examinations” (first occurring) the words “which, in the opinion of the Board, is of a standard not lower than that adopted for examinations held under regulation 153 of these Regulations”.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. MulleTT, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1924, No. 52, under the Commonwealth Public Service Act 1922, represent a legislative instrument aimed at amending the Commonwealth Public Service Regulations. Enacted in 1924, these regulations address issues and gaps within the administrative framework of the public service, specifically targeting the provisions related to leave, overtime, and compensation for officers. The Board of Commissioners, acting under the authority conferred by the Commonwealth Public Service Act 1922 and subject to the approval of the Governor-General, introduced these amendments to streamline and clarify the existing regulations, ensuring a more efficient and equitable public service. The policy objective behind these amendments is to provide clearer guidelines and conditions under which various types of leave and compensation are granted to public service officers, thereby addressing inconsistencies and ensuring fairness in administrative practices.

Scope and Application

The Commonwealth Public Service Regulations 1924 (No. 52) amends the existing regulations under the Commonwealth Public Service Act 1922, applying to Commonwealth public servants and officers across the Commonwealth of Australia. This legislative instrument updates the leave entitlements and conditions for Commonwealth public servants, including adjustments to provisions regarding overtime payments, leave without pay, and allowances for officers residing away from home. The regulations are designed to ensure fair and consistent application of leave policies across the public service, and they apply to all Commonwealth officers unless otherwise specified. The amendments also extend to the oversight and approval processes for leave, managed by the Board of Commissioners, and they incorporate provisions for special cases such as officers in remote locations or those who perform duties outside regular hours. The changes are intended to reflect the evolving needs and circumstances of the public service while maintaining the integrity and effectiveness of the leave system.

Key Provisions

The Regulations under the Commonwealth Public Service Act 1922, as amended by Statutory Rules 1924, No 52, introduce several key provisions that alter the conditions of leave, allowances, and salary adjustments for public service officers. Regulation 15 and Regulation 50 are amended to ensure that leave periods are deducted from pay if overtime is worked within the subsequent thirty days, or the leave is rendered without pay if not deducted. Regulation 49 modifies the leave entitlement for officers stationed in remote areas or at lighthouses, specifying that such leave is granted by the Chief Officer without the need for Board approval. However, for officers whose duties are irregular and who have not been compensated for extra time, leave must now be approved by the Board. Regulation 54 stipulates that sick leave granted without proper medical evidence is without pay, while Regulation 55 allows the Board to determine the leave conditions for officers injured in the line of duty. Regulation 72 designates the Director-General of Works as a Chief Officer for officers in the Territory for the Seat of Government, and Regulation 87 clarifies that the leave period for officers working seven days a week excludes Sundays. These amendments impose specific obligations on public service officers and the Board. Officers must ensure that their leave periods are correctly deducted from their pay if overtime is worked within the specified timeframe, or face having their leave rendered without pay. The Board must approve leave for officers whose duties are irregular and who have not received compensation for extra time. Medical evidence must be provided for sick leave to avoid it being rendered without pay. The Board has the authority to determine leave conditions for officers injured in the line of duty and to set allowances for officers residing away from home. The Board must also determine salaries for officers transferring between divisions, with special consideration for returned soldiers. Breaches of these provisions can lead to civil or administrative consequences. Officers who fail to have their leave periods deducted or who work overtime without having their leave properly adjusted may face deductions from their pay or have their leave rendered without pay. Failure to provide medical evidence for sick leave can also result in the leave being without pay. The Board’s decisions regarding allowances and salaries are subject to review, and any improper determinations could lead to further administrative actions. While the Regulations do not explicitly state penalties for non-compliance, the consequences are primarily financial, impacting the officers' remuneration.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.