Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1940 No. 23, Regulations Under the Commonwealth Public Service Act 1922-1939, was enacted in 1940 to address the specific needs of officers within the Commonwealth Public Service who were enlisting or being called up for military or naval service. This legislation was introduced to ensure that officers who were granted leave for war service were compensated fairly, addressing a gap in financial support during their absence. The Public Service Board, exercising its authority under the Commonwealth Public Service Act 1922-1939, made these regulations with the approval of the Governor-General. The policy objective of these amendments was to provide financial equity to officers who experienced a reduction in pay when transitioning from public service to Defence Force duties, ensuring that they were not disadvantaged financially due to their service commitment.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1939, made by the Public Service Board and approved by the Governor-General, pertain to the leave entitlements of Commonwealth Public Service officers who enlist in or are appointed to an Expeditionary Force under the Defence Act 1903-1939, or are called up for war service. Specifically, these Regulations address the financial compensation for officers granted leave of absence when their pay as a member of the Defence Force for the initial sixteen calendar days of leave is less than their pay as an officer under the Commonwealth Public Service Act. The provisions apply to both permanent and temporary employees, with a caveat that temporary employees' leave cannot extend beyond the date their services would otherwise terminate. These Regulations came into effect on 2 September 1939, amending the Commonwealth Public Service Regulations to include this specific provision for leave and pay differentials.

Key Provisions

The main operative sections of the Statutory Rules 1940, No. 23, are the amendments made to the Commonwealth Public Service Regulations. Specifically, Regulation 51 is repealed and replaced with new provisions regarding leave for military or naval purposes (section 1). The new Regulation 51 allows officers enlisted in or appointed to an Expeditionary Force, or called up for war service under the Defence Act 1903-1939, who are granted leave of absence, to receive compensation if their Defence Force pay for the first sixteen calendar days of leave is less than their pay as an officer (section 2(1)). The term "pay as an officer" includes emoluments determined by the Board (section 2(2)). This regulation also applies to temporary employees, with the condition that leave cannot extend beyond the termination date of their services (section 2(3)). The Act imposes several obligations on the parties it governs. Firstly, it requires that officers who are enlisted or appointed to an Expeditionary Force, or called up for war service, and granted leave, must be compensated if their Defence Force pay is less than their officer pay for the first sixteen days of leave (section 2(1)). Secondly, it mandates that the Board determine the emoluments that constitute "pay as an officer" (section 2(2)). Additionally, the Act requires that temporary employees who are granted leave cannot have their leave extend beyond their scheduled termination date (section 2(3)). Breach of the provisions in these Regulations could result in civil or administrative consequences. For instance, if an officer is not compensated correctly under the new Regulation 51, it could lead to disputes and potential legal actions for breach of employment terms. Similarly, if the Board fails to determine the emoluments correctly, it could result in officers not receiving their due compensation. The Act does not explicitly state penalties for non-compliance, but breaches could lead to legal challenges and the need for administrative corrections.