STATUTORY RULES.
1934. No. 45.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922‑1933.
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922‑1933, 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 Regulation.
Dated this twenty‑sixth day of April, 1934.
W. J. CLEMENS,
Chairman.
Approved in Executive Council this second day of May, 1934.
ISAAC A. ISAACS
Governor‑General.
By His Excellency's Command,
K. G. CASEY
for the Prime Minister.
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Amendments of Commonwealth Public Service Regulations.
(Statutory Rules 1926, No. 212, as amended to this date.)
Regulation 67 is amended by omitting sub‑regulation (9) and inserting in its stead the following sub‑regulation:—
“(9) Where an officer is required to perform, outside his usual hours, work for some Department or branch of a Department other than that to which he is attached, the time worked by the officer beyond the usual hours shall be regarded as overtime, provided—
(a) that the work is not regarded as an ordinary function of the Department or branch to which the officer is attached under an arrangement by which that Department or branch acts as an agent for another Department or branch;
(b) that the work is not paid for by allowance or payment of similar nature to the officer; and
(c) that where the work is performed in connexion with another branch of the officer’s Department, the approval of the Board shall be obtained to the application of the provisions of this sub‑regulation.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1433.—Price 3d.
Overview
The Statutory Rules 1934, No. 45, issued under the Commonwealth Public Service Act 1922-1933, were enacted to refine the regulations governing overtime for Commonwealth public service officers. These regulations address the need to clarify and adjust the conditions under which overtime work performed outside regular hours is recognised and compensated. The Board of Commissioners, acting under the authority conferred by the Commonwealth Public Service Act and subject to the approval of the Governor-General, introduced these amendments to ensure clarity and fairness in the application of overtime provisions. This legislative instrument aims to provide a clear framework for overtime recognition, particularly in situations where officers perform work for departments or branches other than their own, thereby aligning with the overarching policy objective of maintaining equitable and transparent public service practices.
Scope and Application
The Statutory Rules 1934, No. 45, are regulations made under the Commonwealth Public Service Act 1922-1933 by the Board of Commissioners. These regulations are approved by the Governor-General and outline specific amendments to the Commonwealth Public Service Regulations, particularly focusing on the definition and treatment of overtime work performed by officers. This legislative instrument applies to officers within the Commonwealth Public Service who are required to undertake work outside their usual hours for departments or branches other than their own. The regulations explicitly state conditions under which such work is classified as overtime, including that the work should not be considered a regular function of the officer's department, should not be compensated by an allowance or similar payment, and must obtain Board approval if performed for another branch within the officer's own department. These regulations, therefore, have a national jurisdictional reach, applying across all Commonwealth public service departments and branches. They do not explicitly state exclusions or exemptions but operate within the existing framework of the Commonwealth Public Service Act and related regulations.
Key Provisions
The main operative sections of the legislation involve amendments to the Commonwealth Public Service Regulations, specifically Regulation 67. Regulation 67(9) is altered to clarify the circumstances under which overtime is applicable for officers working outside their usual hours for a department or branch other than their own (Reg. 67(9)). According to this amendment, overtime applies if the work is not considered an ordinary function of the officer's department or branch, it is not compensated by an allowance or similar payment, and if the work is performed for another branch within the same department, the Board's approval must be obtained (Reg. 67(9)(a)-(c)).
The Act imposes specific obligations on officers and departments. Officers must ensure that any work performed outside their usual hours for another department or branch meets the criteria outlined in Regulation 67(9) to be considered overtime. Departments must not classify such work as part of the officer's ordinary functions unless it is explicitly defined as such under an agency arrangement. Furthermore, if the work is conducted within another branch of the officer's own department, departments must seek and obtain the Board's approval before applying the overtime provisions.
Failure to comply with the requirements outlined in the Act may result in various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, breaches of public service regulations typically result in disciplinary actions, financial penalties, or other corrective measures. The maximum penalties, if applicable, would depend on the specific nature of the breach and the relevant provisions of the Commonwealth Public Service Act 1922-1933 and any subsidiary legislation. However, given the historical context of the legislation, it is likely that penalties would have reflected the standards and practices of the time.