Commonwealth Public Service Regulations (Amendment)

Overview

Statutory Rule C1928.L00012, introduced under the Commonwealth Public Service Act 1922-1924, was enacted to address the financial difficulties faced by officers of government departments during the transfer to Canberra, a newly established city. The regulation, approved by the Governor-General in 1928, was designed to provide special allowances to these officers to mitigate the additional housing and living expenses incurred due to the relocation. The regulation, which came into effect on 1 April 1927, specifies different scales of allowances for married and unmarried officers based on their salary levels, with married officers also including those with dependents. The allowances were determined by the President of the Senate or the Speaker of the House of Representatives, or jointly by both, subject to their approval. This regulatory measure aimed to support public service officers during the transitional period of moving to the new capital city.

Scope and Application

This Statutory Rule, made under the Commonwealth Public Service Act 1922-1924, applies to certain officers of parliamentary departments who are compulsorily transferred to Canberra or appointed to a position in a parliamentary department before 20 October 1927. The regulation provides for special allowances to be paid to these officers to assist with the additional expenses incurred due to their transfer or appointment, particularly in relation to housing and living. The allowance is determined by the officer's salary, marital status, and whether they own, build, or rent a house in Canberra. The regulation is applicable across the Commonwealth and is subject to the approval of the President of the Senate, the Speaker of the House of Representatives, or both, who have the authority to determine the scale of allowance and the date from which it is payable. The regulation does not specify any exclusions, exemptions, or thresholds, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The Statutory Rules 1928, No. 12, made under the Commonwealth Public Service Act 1922-1924, provide specific allowances for officers who are transferred to Canberra due to the relocation of parliamentary departments. These officers, if compulsorily transferred or appointed before 20 October 1927, may be eligible for special allowances as per the regulation, which will remain in effect until further determined by the President of the Senate, the Speaker of the House of Representatives, or both (Section 1). The applicable scale of allowance and the date from which it is payable is determined by the President, the Speaker, or both (Section 2). These officers are eligible for allowances based on their salary as of 1 July 1927 or the salary at which they were appointed, with a provision for salary prior to 1 July 1927 if the transfer occurred before that date (Section 3). The regulation defines a married officer as one who purchases, builds, or rents a house in Canberra, or a widower with dependent children, or any officer maintaining dependents, as deemed appropriate by the President, the Speaker, or both (Section 4). In terms of obligations, officers eligible for the special allowances must ensure they meet the criteria for classification under the scales provided. The President of the Senate and the Speaker of the House of Representatives have the authority to determine the applicable scale and commencement date for the allowance. Furthermore, the regulation clearly outlines the specific circumstances under which an officer is considered married, which affects their eligibility for the higher allowance rate. The regulation does not explicitly state any offences, penalties, or consequences for breach. However, any misuse or misapplication of the allowances would likely be subject to general legal consequences under the relevant acts or regulations. The allowances are intended to support officers during the transition period, and any breach of the terms governing these allowances could potentially lead to disciplinary action or other legal repercussions.