Commonwealth Public Service Regulations (Amendment)

Overview

Statutory Rules 1913 No. 217, made under the Commonwealth Public Service Act 1902-1911, were enacted by the Governor-General in Council to address the issue of officers in the Commonwealth Public Service being required to work on Sundays. The problem this legislation sought to resolve was the need to provide fair compensation to officers who were required to work on Sundays, which was not adequately addressed by the previous provisional regulations. The enacting body for these regulations was the Governor-General acting with the advice of the Federal Executive Council, and the policy objective was to establish a clear framework for the payment of additional compensation to officers for Sunday work, while also providing an exemption for officers with conscientious objections to such work. These regulations replaced the Provisional Regulation (Statutory Rules 1913 No. 125) to provide a more comprehensive and permanent solution to the issue of Sunday work within the public service.

Scope and Application

The Statutory Rules of 1913, specifically No. 217 under the Commonwealth Public Service Act 1902–1911, govern the payment of additional compensation to officers of the Commonwealth Public Service who are required to work on Sundays. This regulation applies to all officers whose regular duties necessitate working on weekdays and who are subsequently required to work on Sunday. The regulation allows for the authorization of extra pay by the Permanent Head or Chief Officer, subject to specific conditions. Notably, officers working on seven or more consecutive days, including Sundays, are entitled to one and a half days’ pay for a full day's work, with proportionate pay for partial days. Officers working no more than six consecutive days, including Sundays, receive half a day’s additional pay for a full day, again with proportionate pay for partial days. However, officers residing on the premises where their duties are performed are generally not eligible for additional pay unless their attendance is intermittent or brief and approved by the Commissioner, with a minimum payment of 2 shillings. Furthermore, the regulation extends to all officers within the Department of the Public Service unless they have conscientious objections to Sunday duty, in which case they may apply for a substitute. Notably, this regulation does not apply to officers stationed at lighthouses.

Key Provisions

The statutory regulation (Regulation 66) under the Commonwealth Public Service Act 1902–1911, made on 25th July 1913, outlines provisions for the payment of additional compensation for officers who are required to work on Sunday. It supersedes the Provisional Regulation (Statutory Rules 1913 No. 125). According to the regulation, an officer who typically works on weekdays and is required to work on a Sunday may be eligible for additional pay. The Permanent Head or Chief Officer may authorise the payment of this extra compensation in line with the regulation. The regulation mandates that an officer working on a Sunday must receive one and a half day's pay for a full day if they are on duty for seven or more consecutive days, and a proportionate amount for less than a full day. If the officer is on duty for not more than six consecutive days, they must receive half a day's additional pay for a full day and a proportionate amount for less than a full day. However, if the officer resides on the premises where their duties are performed, and their attendance on Sundays is intermittent or for brief periods, they are not entitled to claim any additional pay unless approved by the Commissioner. In such cases, the minimum payment for attendance is 2s. The regulation imposes obligations on the officers who are required to work on Sundays. If the performance of Sunday duty is necessitated by public requirements, every officer called upon for such duty is liable to work under the conditions outlined in the regulation. However, any officer who possesses conscientious scruples against Sunday duty may apply for permission to furnish a substitute. Breaches of this regulation may result in civil or criminal consequences, although the exact penalties are not specified within the text. The regulation does not apply to officers stationed at lighthouses.