Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1913 No. 108 is a legislative instrument that confirms Statutory Rule No. 11 of 1913. Enacted under the Commonwealth Public Service Act 1902-1911, this regulation was introduced to address the need for additional financial support for public servants who were appointed or transferred away from their homes, thereby potentially incurring additional living expenses. The enacting body, the Governor-General, in conjunction with the Federal Executive Council, established this regulation to provide a financial allowance to such officers, subject to certain conditions. The primary policy objective behind this regulation was to ensure that public servants could maintain a reasonable standard of living while being relocated for their duties, without their total remuneration exceeding a specified limit. This regulation was confirmed to come into operation immediately, reflecting the urgency and necessity to provide support to public servants facing displacement due to their roles. The allowance, as stipulated, could only be approved by the Commissioner and was subject to the condition that the total remuneration, including the allowance, did not surpass £78 per annum. Additionally, the Commissioner had the discretion to withhold the allowance if the circumstances did not justify its payment. This legislative instrument aimed to strike a balance between supporting public servants' financial needs and maintaining fiscal responsibility within the public service framework.

Scope and Application

The Statutory Rules 1913, No. 108, confirms Statutory Rule No. 11 of 1913, which is a regulation under the Commonwealth Public Service Act 1902-1911. This regulation applies to officers within the Commonwealth public service who are appointed to or transferred from their homes. It allows for the payment of an additional allowance to these officers, subject to certain conditions. Specifically, the allowance must not result in the officer's total remuneration exceeding £78 per annum, and the Commissioner must deem the circumstances warrant such payment. The regulation applies on a national level, extending to all officers within the Commonwealth public service across Australia. There are no stated exclusions, exemptions, or thresholds beyond the conditions specified in the regulation itself. The application of this regulation may be further extended or restricted through subordinate instruments as deemed necessary by the Commissioner.

Key Provisions

The main operative sections of this statutory rule, No. 11 of 1913, pertain to the allowance that may be paid to officers of the Commonwealth Public Service who are appointed or transferred away from their homes (section 166b). Under this provision, officers may receive an additional allowance on top of their salary, the amount of which must be approved by the Commissioner. However, it is stipulated that this allowance must not result in the officer's total remuneration exceeding £78 per annum. Additionally, the Commissioner holds discretion to withhold the allowance if, in their opinion, the circumstances do not justify such a payment. This regulation is made under the authority of the Commonwealth Public Service Act 1902-1911 and is effective immediately upon its issuance. The obligations imposed by this regulation primarily rest with the Commissioner, who is tasked with approving the amount of any allowance to be paid to officers under section 166b. The Commissioner must ensure that the total remuneration of any officer, when combined with the approved allowance, does not exceed the specified limit of £78 per annum. Furthermore, the Commissioner is required to exercise their discretion judiciously when determining whether the circumstances of an officer warrant the payment of an allowance. This discretionary power allows the Commissioner to consider various factors and make informed decisions regarding the appropriateness of the allowance. Failure to comply with the provisions of this statutory rule may result in various consequences, though specific offences, penalties, or consequences are not detailed within the text of this statutory rule. However, breaches of public service regulations generally may attract disciplinary action or other administrative consequences, depending on the nature and severity of the breach. The precise penalties and consequences would be determined in accordance with the broader framework of the Commonwealth Public Service Act 1902-1911 and any other relevant legislation or regulations. It is also possible that legal action could be taken in cases of significant non-compliance, potentially leading to civil or criminal penalties, although such outcomes would depend on the specific circumstances and the applicable laws at the time.