Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1935 No. 78, Regulations Under the Commonwealth Public Service Act 1922-1934, was enacted in 1935 to amend the existing regulations regarding allowances for public servants. This legislative instrument was developed by the Board of Commissioners appointed under the Commonwealth Public Service Act, with the subsequent approval of the Governor-General. The regulations aim to address specific needs of public servants by introducing allowances for those engaged in particular duties, such as typists taking notes of evidence in courts. These amendments reflect a policy objective to provide financial support to public servants based on the nature and demands of their roles. This statutory instrument was designed to refine the existing framework for allowances within the Commonwealth public service, ensuring that certain employees receive additional financial recognition for their work. The regulations were subject to approval by the Governor-General and were subsequently notified in the Commonwealth Gazette. The Board of Commissioners, exercising their authority under the Commonwealth Public Service Act, introduced these amendments to provide targeted support for public servants engaged in specific duties, thereby enhancing the overall effectiveness and satisfaction of the public service.

Scope and Application

The Statutory Rules 1935 No. 78, under the Commonwealth Public Service Act 1922-1934, applies to the employees of the Commonwealth Public Service, specifically those classified as Typists. These typists must regularly be engaged in tasks such as taking notes of evidence in Courts of Law or similar duties as deemed by the Board. The regulations are applicable across the Commonwealth, thereby having a national reach within Australia. The allowances provided under these regulations are subject to the approval and determination by the Board, with a maximum limit of £50 per annum. The regulations extend the allowances to those typists whose work is considered to be of a similar nature to court duties, thereby ensuring that those engaged in these critical tasks receive appropriate recognition and compensation. The scope of the regulations is confined to typists in the public service and does not extend to other professions or industries, and any amendments or further specifications are made through subordinate instruments as authorised by the Act.

Key Provisions

The main operative sections of these regulations (Regulation 106 in particular) pertain to allowances in addition to salary for certain typists employed in the Commonwealth public service. According to Regulation 106(7a), a typist who is regularly employed to take notes of evidence in courts of law, or on duties deemed to be of a similar nature by the Board, may be granted an allowance not exceeding £50 per annum, with the rate determined by the Board as necessary. This amendment is intended to provide additional financial support to typists who undertake work of a specific and demanding nature. The regulations impose certain obligations on the parties involved. The Board, acting under the authority conferred by the Commonwealth Public Service Act, is responsible for determining the rates of the allowance to be granted to eligible typists. The Board must ensure that the typists in question are indeed regularly engaged in the specified duties, and that the allowance does not exceed the prescribed limit of £50 per annum. Additionally, the Board must ensure that the allowances are in line with the provisions of the Act and these regulations. In terms of consequences for non-compliance, the regulations do not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, given the nature of the statutory framework under which these regulations are made, any failure to comply with the provisions could potentially result in administrative action, including the withholding of the allowance, or other disciplinary measures as deemed appropriate by the Board or under the Commonwealth Public Service Act. The maximum penalty for any such breaches would be determined in accordance with the relevant provisions of the Act.