Commonwealth Public Service Regulations (Amendment)

Legislation au C2004L01153 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 224.

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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1941.*

THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1941, 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 Regulations.

Dated this ninth day of September , 1941.

F. G. THORPE,

Commissioner.

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I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this Twelfth day of September , 1941.

Governor-General.

By His Excellency’s Command,

Prime Minister.

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Amendments of the Commonwealth Public Service Regulations.

Commencement.

1. These Regulations shall come into operation on the eighteenth day of September, 1941.

Holiday pay not allowed in certain cases.

2. Regulation 63a of the Commonwealth Public Service Regulations is amended by omitting the figures “450” and inserting in their stead the figures “462”.

Recording and payment of overtime.

3. Regulation 67 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (13) the figures “450” and inserting in their stead the figures “462 “.

Meal allowances.

4. Regulation 68 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1) each of the amounts of salary specified therein and respectively inserting in their stead an amount ascertained by adding £12 to each of the amounts so omitted.

 

* Notified in the Commonwealth Gazette on       , 1941.

† Statutory Rules 1935, No. 18, as amended by Statutory Rules, 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 110, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos, 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; and 1941, Nos. 36, 42, 127, 148, 158, 168 and 191.

5722.—9/4.9.1941 —Price 3d.


Sunday duty.

5. Regulation 70 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (5) the figures “450” and inserting in their stead the figures “462”.

Basis of calculation of allowances.

6. Regulation 75 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1) the words “the Financial Emergency Act 1931-1934, or to have been varied since the 1st July, 1926, by the provisions of ”.

Rates of travelling allowances.

7. Regulation 75a of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1) each of the amounts of salary specified therein and respectively inserting in their stead an amount ascertained by adding £12 to each of the amounts so omitted.

Allowances to officers performing relieving duties or working within defined districts.

8. Regulation 76 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1) each of the amounts of salary specified therein and respectively inserting in their stead an amount ascertained by adding £12 to each of the amounts so omitted.

Fares.

9. Regulation 84 of the Commonwealth Public Service Regulations is amended by omitting the figures “336” and inserting in their stead the figures “348”.

Higher duties allowances.

10. Regulation 87 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (8) the figures “624” and inserting in their stead the figures “636”.

Allowance— Sunday or holiday duty— officers receiving more than £462.

11. Regulation 99 of the Commonwealth Public Service Regulations is amended by omitting the figures “450” and inserting in their stead the figures “462”.

Test of qualifications for certain officers.

12. Regulation 112a of the Commonwealth Public Service Regulations is amended—

(a) by omitting from sub-regulation (1) the figures “244” and inserting in their stead the figures “256”;

(b) by omitting from sub-regulation (5) the symbols and figures “£354-£510” and inserting in their stead the symbols and figures “£366-£558”; and

(c) by omitting from sub-regulation (6) the symbols and figures “£354-£510” and “£402” and respectively inserting in their stead the symbols and figures “£366-£558” and “£414”.

Removal of furniture.

13. Regulation 120 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1) each of the amounts of salary specified therein and respectively inserting in their stead an amount ascertained by adding £12 to each of the amounts so omitted.

Amendment of Second Schedule

14. The Second Schedule to the Commonwealth Public Service Regulations is amended by omitting from the words and figures in the column headed “Conditions of Advancement of Officer” opposite the office of “Telegraphist” the figures “268” and inserting in their stead the figures “256”.


Amendment of Fourth Schedule.

15. The Fourth Schedule to the Commonwealth Public Service Regulations is amended—

(a) by omitting from the words and figures in the column headed “Remarks” opposite the office of “ Assistant (Meteorological Branch) “ the figures “244” and inserting in their stead the figures “256”; and

(b) by omitting from the words and figures in that column opposite the office of “Radio Inspector, Assistant” the figures “402” and inserting in their stead the figures “414”.

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By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1941, No. 224, represent amendments to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1941. These regulations, enacted by the Public Service Board and approved by the Governor-General, aim to update and refine the existing public service regulations to address the administrative needs and financial adjustments required at the time. The problem these amendments sought to address includes updating salary figures, allowances, and conditions of service to reflect changes in economic conditions and the operational needs of the public service. The policy objective behind these amendments is to ensure that the public service regulations remain fair and effective in supporting the workforce within the Commonwealth public service. The amendments made in these regulations include adjustments to various allowances, salary figures, and conditions of service for public service officers. For instance, the document details changes to holiday pay, overtime, meal allowances, and other allowances, as well as modifications to the basis of calculation for certain allowances and qualifications for specific officer roles. These changes were designed to reflect updated economic conditions and ensure that public service officers are compensated appropriately for their duties. The regulations came into operation on 18 September 1941, as per the provisions outlined in the statutory rules.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1941 apply to public service officers within the Commonwealth public service, encompassing a wide range of employees and officials employed by the federal government. The regulations establish various allowances, pay rates, and conditions for these officers, including adjustments to holiday pay, overtime, meal allowances, and other benefits. The geographic reach of these regulations is limited to the federal government and its public service, thus applying across the Commonwealth of Australia. The regulations do not explicitly state any exclusions or exemptions, but it can be inferred that they apply to all public service officers unless otherwise specified in subordinate instruments or specific provisions within the regulations themselves. The regulations also extend their application through various amendments and adjustments to existing allowances and conditions, ensuring they remain relevant and reflective of current circumstances.

Key Provisions

The main operative sections of these Regulations, under the Commonwealth Public Service Act 1922-1941, involve several amendments to existing regulations concerning public service officers. These amendments primarily affect the calculation of various allowances, duties, and qualifications for certain officers. For example, section 2 amends Regulation 63a of the Commonwealth Public Service Regulations by changing the salary threshold from £450 to £462 for certain holiday pay provisions. Similarly, section 3 amends Regulation 67 to adjust the salary figures used in the calculation of overtime pay. Meal allowances, Sunday duty allowances, and other specific allowances are also adjusted by increasing the relevant salary figures by £12, as seen in sections 4, 5, and 6 respectively. These amendments impose new obligations on public service officers and the entities they work for, primarily in the calculation and application of various allowances and qualifications. For instance, officers now need to be aware of the updated salary thresholds that determine their eligibility for different allowances. Additionally, these changes necessitate adjustments in the record-keeping and payment processes for overtime and other allowances, as the salary figures referenced in the regulations have been updated. There are no explicit provisions in these Regulations that outline offences, penalties, or civil/criminal consequences for non-compliance. However, failure to adhere to these updated regulations could potentially lead to disputes or discrepancies in the calculation and payment of allowances, which may need to be resolved through internal administrative processes or legal means. The consequences of non-compliance would largely depend on the specific circumstances and the outcomes of any resulting disputes or investigations.

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