Commonwealth Public Service Regulations (Amendment)

Legislation au C2004L09677 Regulations Not in force Legislative Instrument

Legislation content

Commonwealth of Australia.

Department of Home Affairs,

Melbourne, 23rd April, 1903.

REPEAL OF PUBLIC SERVICE REGULATION NO. 70, AND SUBSTITUTION THEREFOR OF NEW REGULATION ESTABLISHING A FIDELITY GUARANTEE FUND.

H

IS Excellency the Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, has been pleased to approve of the repeal of Regulation No. 70, made on the 15th December, 1902, under the provisions of the Commonwealth Public Service Act 1902, and of the substitution therefor of the following Regulation, such repeal and substitution to take effect on and after the first day of July, 1903.

WILLIAM JOHN LYNE,

Minister of State for Home Affairs.

Regulation under the “Commonwealth Public Service Act 1902,” for establishing a fidelity guarantee fund.

70. (a) A fund called the Guarantee Fund shall be established under this regulation.

(b) The Guarantee Fund shall consist of the premiums paid under this regulation by officers holding guaranteed offices, and the interest from time to time accrued thereon.

(c) The Guarantee Fund shall guarantee the Commonwealth against loss, arising from the fraud or want of fidelity on the part of the holder for the time being of each guaranteed office, to the amount in respect of which that office is guaranteed.

(d) The Permanent Head of each Department shall furnish to the Treasurer a list of all offices in his Department which in his opinion ought to be guaranteed, setting out there in the amount to which they should be guaranteed.

(e) The Treasurer shall determine what offices in each Department are to be guaranteed, and the amounts in which they are to be guaranteed.

(f) A list of the offices in each Department which are to be guaranteed, setting out the amounts in which they are to be guaranteed shall be prepared and signed by the Treasurer as correct. All offices in the list shall be guaranteed offices.

(g) The Treasurer shall send to the head of each Department a copy of the list as far as it relates to the Department.

(h) Every officer who holds a guaranteed office shall contribute to the Guarantee Fund an annual sum, hereinafter called the premium.

(i) The premium shall (until altered) be at the rate of 2s. 6d. per cent. per annum on the amount in respect of which each office is guaranteed, and shall be payable in the month of July in each year.

(j) The Treasurer may alter the rate of premium, but so that the alteration shall not take effect until the first day of July next after the alteration is made.

(k) In the month of July in each year a deduction shall be made on the pay-sheet from the salary payable to each officer holding a guaranteed office of the amount of premium due for the


current financial year, and on the 15th of August an account shall be prepared in the name of the Paying Officer, charged to the salary vote, for all amounts so deducted, and after the account has been authorized for payment, the Paying Officer shall forthwith draw the amount thereof, and pay it over to the Receiver of Public Moneys appointed for his Department, with a statement containing the particulars of the officers guaranteed, the names of the officers, and the amounts of premium deducted from their salaries.

(l) All moneys collected for premiums shall be paid to the Trust Fund to the credit of the Guarantee Fund Account.

(m) The Permanent Head of each Department shall, from time to time, furnish the Treasurer with the names of any offices which, in his opinion, should be added to the list of guaranteed offices.

(n) The Treasurer may at any time add any office to the list of offices guaranteed, and fix the amount in respect of which it is to be guaranteed, and whenever any office is so added the premium shall be deducted on the first monthly pay-sheet from the salary of the officer holding the guaranteed office, but in this case the first premium shall be proportionate to the unexpired portion of the year.

(o) The Permanent Head of each Department shall from time to time report to the Treasurer whether, owing to any change of duty or responsibility in connexion with any guaranteed office, the amount for which it is guaranteed should be increased or decreased.

(p) The Treasurer may determine whether the amount for which any guaranteed office is guaranteed shall he increased or diminished, but the alteration shall not take effect until the first day of July next after the making thereof.

(q) Every officer who is appointed to a guaranteed office created after the first of July in any year shall pay to the Guarantee Fund a proportionate part of the premium for the year, and such part may be deducted from his salary in the same manner as in the case of the full annual premium.

(r) The head of each Department shall report to the Treasurer any loss to the Commonwealth consequent upon the fraud or want of fidelity of any officer holding any guaranteed office.

(s) The Treasurer shall determine, upon such evidence as he thinks fit, whether the Commonwealth has suffered any loss, and if so to what amount, by reason of the fraud or want of fidelity of any officer holding any guaranteed office, and the amount so determined, not exceeding the amount in respect of which the office is guaranteed, shall be charged against and paid out of the Guarantee Fund.

(t) No amount shall be charged against the Guarantee Fund without the sanction of the Treasurer.

(u) Every officer whose fidelity is guaranteed by a policy in force at the commencement of this Regulation issued by an assurance society approved by the Governor-General, shall be exempted from this Regulation so long as the policy remains in force without renewal or the payment of further premiums, but no such policy shall be renewed, nor shall any further premiums be paid thereunder.

 

 

Overview

The Commonwealth Public Service Act 1902 was enacted to establish a framework for the public service of the Commonwealth of Australia. A notable legislative instrument issued under this Act is the Regulation No. 70, which was approved by the Governor-General on 23rd April 1903 and came into effect on 1st July 1903. This regulation addresses the need for financial protection against fraud or lack of fidelity by officers holding certain public service positions, by repealing the previous Regulation No. 70 and introducing a new regulation that establishes a fidelity guarantee fund. The policy objective is to safeguard the Commonwealth against financial losses arising from the misconduct of public officers. The regulation mandates the establishment of a Guarantee Fund, financed by premiums paid by officers in guaranteed offices, to ensure that the Commonwealth is compensated for losses up to the guaranteed amount. The enactment body, the Parliament of Australia, aimed to create a secure and reliable public service by implementing this fidelity guarantee fund.

Scope and Application

The regulation under the Commonwealth Public Service Act 1902, establishing a Fidelity Guarantee Fund, applies to all officers holding guaranteed offices within the Commonwealth public service. This includes any Commonwealth officers whose roles warrant protection through the fund, designed to safeguard against financial losses arising from fraud or lack of fidelity by these officers. The fund is financed by premiums paid by the officers and any accrued interest, which are deducted from their salaries. Geographically, the regulation applies nationally across Australia, as it pertains to the Commonwealth public service. The regulation does not explicitly outline exclusions or exemptions, though officers with fidelity insurance from approved assurance societies are exempt from contributing to the fund while their policies remain active. The regulation can be amended or expanded through subsequent legislative actions, allowing the Treasurer to adjust premiums, guarantee amounts, and the list of covered offices.

Key Provisions

The main operative sections of this regulation (sections 70(a) to 70(u)) establish a Fidelity Guarantee Fund under the Commonwealth Public Service Act 1902. This fund is designed to protect the Commonwealth against losses caused by the fraud or lack of fidelity of officers holding certain guaranteed positions. The fund will consist of premiums paid by the officers and any accrued interest (section 70(a), 70(b)). The Permanent Head of each department must submit a list of offices that should be guaranteed to the Treasurer, who will then determine the specific offices and amounts to be guaranteed (section 70(d), 70(e), 70(f)). Officers holding these guaranteed positions must contribute an annual premium to the fund, which is deducted from their salaries (section 70(h), 70(i), 70(k), 70(l)). The Treasurer has the authority to adjust the premium rates and add or modify guaranteed offices (section 70(j), 70(m), 70(n), 70(p)). Any loss due to fraud or lack of fidelity will be charged to the Guarantee Fund, subject to the Treasurer's determination (section 70(r), 70(s), 70(t), 70(u)). The regulation imposes several obligations on the parties involved. The Permanent Head of each department must identify offices that should be guaranteed and report any changes in duties or responsibilities that might affect the guarantee amounts (section 70(d), 70(m), 70(p)). The Treasurer is responsible for determining which offices will be guaranteed, the amounts to be guaranteed, and any adjustments to these amounts (section 70(e), 70(f), 70(n), 70(p)). Officers in guaranteed positions must pay their premiums and report any losses caused by their actions (section 70(h), 70(r)). Additionally, officers who have fidelity policies from approved assurance societies are exempt from these requirements for the duration of those policies (section 70(u)). Breaches of this regulation may lead to specific consequences. If an officer causes a loss to the Commonwealth through fraud or lack of fidelity, the amount of the loss, up to the guaranteed amount, will be charged against the Guarantee Fund (section 70(r), 70(s), 70(t)). Failure to contribute the required premiums or report necessary changes could result in the officer losing their exemption from the regulation if they hold an approved fidelity policy (section 70(u)). The regulation does not specify particular offences or penalties for non-compliance beyond these outlined consequences, but it implies that any such breaches could lead to financial repercussions for the officer involved and the Commonwealth.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.