Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1934, No. 69, enacted under the Commonwealth Public Service Act 1922-1933, were introduced to address specific administrative needs within the public service related to the transfer and allowances of officers relocated to Canberra. The Board of Commissioners, authorised by the Commonwealth Public Service Act, made these regulations subject to the approval of the Governor-General. This legislative instrument amends the existing Commonwealth Public Service Regulations, particularly focusing on allowances for officers who were transferred to Canberra prior to a specified date and who had settled there by purchasing or constructing a house. The policy objective is to ensure that such officers receive appropriate financial support as determined by the Board, reflecting the unique circumstances of their relocation. These amendments were approved in Executive Council and signed by the Governor-General, Isaac Isaacs, and came into effect on 1 July 1934. The regulations were officially notified in the Commonwealth Gazette on 7 June 1934, providing clarity and procedural guidance for public service officers in relation to their relocation and housing allowances.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1933 apply to officers within the Commonwealth public service who have been appointed, transferred, or promoted to an office in Canberra prior to 14 May 1931, and who have purchased or built a house in Canberra before this date. The amendments pertain specifically to allowances payable to such officers, with the Board of Commissioners determining the amount of any allowance. These Regulations are applicable within the jurisdiction of the Commonwealth, extending to officers and their housing situations in Canberra. The amendments exclude officers not meeting the specified criteria of appointment, transfer, or promotion prior to the stated date and those who did not purchase or build a house in Canberra before this date. The scope of application is further defined by the commencement date of the Regulations, which is set for the first day of July 1934. The Regulations are subject to the approval of the Governor-General and are made pursuant to the authority conferred by the Commonwealth Public Service Act 1922-1933.

Key Provisions

The legislative instrument in question amends the Commonwealth Public Service Regulations (Statutory Rules 1926, No. 212, as amended). Specifically, Regulation 97b, which deals with allowances to officers transferred to Canberra, is amended (Regulation 1). The amendment modifies the criteria for payment of an allowance to officers who were appointed, transferred, or promoted to an office in Canberra before a certain date, and who also purchased or built a house in Canberra before that date (Regulation 1(a)). The regulation specifies that the Board shall determine the allowance, if any, to be paid to these officers (Regulation 1(a)). Additionally, sub-regulations (5) and (5a) are omitted from Regulation 97b (Regulation 1(b)). These amendments are set to commence on 1 July 1934 (Regulation 2). Under these regulations, the Board of Commissioners is responsible for determining the allowances to be paid to officers who meet the specified criteria. This includes assessing whether an allowance should be paid and, if so, the amount of that allowance (Regulation 1(a)). The Board's decision-making process must adhere to the conditions outlined in the amended regulation. Furthermore, the Board must ensure that the officers who qualify under the new criteria are identified and that the appropriate allowances are calculated and disbursed accordingly. Failure to comply with these regulations could potentially lead to legal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the instrument, breaches of public service regulations generally may result in disciplinary action against the officers involved. This could include sanctions such as fines, suspension, or even termination of employment, depending on the severity of the breach and the internal policies of the Commonwealth Public Service. Additionally, officers who do not receive the allowances they are entitled to under the regulations may have grounds to pursue legal action against the Board for non-payment. In summary, the amendments to Regulation 97b provide a framework for the Board to determine allowances for officers who were transferred to Canberra before a specific date and who purchased or built a house in Canberra before that date. The Board’s role is to assess and pay these allowances as determined. While the specific penalties for non-compliance are not detailed in this instrument, any failure to adhere to the regulations could result in disciplinary action or potential legal recourse from affected officers.