STATUTORY RULES.
1926. No. 43.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924 (SEVENTEENTH AMENDMENT, 1926).
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922-1924, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the Governor-General, hereby makes the following amendment of the Regulations, such amendment to come into operation forthwith.
Dated this twenty-fifth day of March, 1926.
C. B. B. White, Chairman, | |
W. J. Skewes, |
J. P. McGlinn, |
Approved in Executive Council this fourteenth day of April, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1923, No. 93, as amended to this date.)
After regulation 98a the following regulation is inserted:—
“98b. Where an officer who is in receipt of salary exceeding £450 per annum is required to attend regularly for duty on Sundays or holidays and is not entitled to payment or time off duty under section 76 of the Act or regulation 70, the officer may be paid an allowance in addition to salary of such amount as is determined by the Board.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1926 No. 43, being the Regulations under the Commonwealth Public Service Act 1922-1924 (Seventeenth Amendment, 1926), was enacted to address a specific issue within the public service remuneration structure. The problem it aimed to resolve was the need to provide additional compensation to officers who received salaries over £450 per annum and were required to work regularly on Sundays or public holidays without receiving any extra payment or time off in lieu, as stipulated in section 76 of the Act or regulation 70. The Board of Commissioners, under the authority granted by the Commonwealth Public Service Act 1922-1924 and with the approval of the Governor-General, introduced this amendment to ensure fair compensation for such officers. This legislative instrument was approved in Executive Council on 14 April 1926 and came into effect immediately upon its publication.
Scope and Application
The Seventeenth Amendment Regulations made under the Commonwealth Public Service Act 1922-1924 provide specific provisions for officers who are required to work on Sundays or holidays and are not entitled to compensation or time off as per sections 76 of the Act or regulation 70. Specifically, this amendment applies to officers whose annual salary exceeds £450 and mandates that they may receive an additional allowance determined by the Board of Commissioners. The amendment is designed to provide equitable remuneration for those who perform duties outside of regular working hours without the standard compensatory measures. The application of these regulations extends to the entire Commonwealth as per the authority conferred by the Commonwealth Public Service Act, thereby affecting all federal public service officers who meet the specified criteria. This legislative instrument ensures that officers who undertake additional duties on non-working days receive appropriate financial recognition for their extra commitment.
Key Provisions
The Regulations under the Commonwealth Public Service Act 1922-1924, as amended by Statutory Rules 1926, No. 43, introduce a new regulation (98b) that addresses the allowance for officers required to work on Sundays or holidays. Regulation 98b states that officers receiving a salary of more than £450 per annum who must regularly work on Sundays or holidays, and are not entitled to payment or time off in lieu under section 76 of the Act or regulation 70, may be paid an additional allowance determined by the Board of Commissioners. This allowance is intended to compensate officers for the additional work performed on non-working days.
The obligations imposed by this amendment on the relevant parties are primarily on the Board of Commissioners, who are tasked with determining the amount of the allowance to be paid to eligible officers. The Act and these Regulations require the Board to establish the criteria and quantum of the allowance, ensuring it is fair and justifiable for officers who are required to work on non-standard days. Additionally, officers who meet the specified criteria must accurately report their work hours and compliance with the regulation's requirements to be eligible for the allowance.
Failure to comply with the provisions of these Regulations could lead to administrative consequences. While the specific nature of these consequences is not detailed within the legislative instrument, breaches of public service regulations can typically result in disciplinary action against officers, including warnings, formal reprimands, or more severe penalties depending on the severity and frequency of non-compliance. For the Board of Commissioners, non-compliance with their obligations to determine and issue allowances as required by regulation 98b could result in scrutiny or corrective measures by oversight bodies or the Governor-General.
In terms of penalties, the Regulations do not explicitly state penalties for non-compliance by officers or the Board. However, under the Commonwealth Public Service Act 1922-1924 and related regulations, breaches of service conditions or failure to adhere to prescribed duties can result in disciplinary actions, which may include fines or other administrative sanctions. The maximum penalties would be determined by the specific circumstances and the severity of the breach, as outlined in the broader legislative framework governing public service employment and conditions.