STATUTORY RULES.
1912. No. 160.
REGULATION UNDER THE PUBLIC SERVICE ACT 1902.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902 to come into operation forthwith.
Dated the 25th day of July, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
(1.) Regulation 168 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof, and shall be deemed to have taken effect as from the first day of April, 1912:—
168. The following shall be the scale of allowances which may be paid to officers living in localities where the climatic conditions are severe, or where the cost of living is exceptionally high:—
Scale. | Ratio of Allowance to Salary. | Minimum. | Maximum. |
On First £100 or portion thereof. | On Second £100 or portion thereof. | On portion of salary above £300. |
| per cent. | per cent. | per cent. | £ | £ |
I. | 10 | 5 | 2½ | 5 | 20 |
II. | 15 | 7½ | 5 | 10 | 30 |
III. | 20 | 10 | 5 | 15 | 35 |
IV. | 25 | 12½ | 5 | 20 | 45 |
V. | 30 | 15 | 5 | 25 | 50 |
VI. | 40 | 20 | 5 | 30 | … |
VII. | 50 | 25 | 5 | 40 | … |
Provided that a Married Officer whose family resides with him at his station may be paid the allowance of the scale next higher than that in which his station is classified. In cases of Married Officers stationed in localities in Scale VII., the allowance may be increased by an amount equal to one-fifth of the scale allowance. An Unmarried Officer may be paid the allowance prescribed for Married Officers if he shows to the satisfaction of the Chief Officer that he is the main support of persons related to him, and that such persons reside with him of his station.
C.9667.—Price 3d.
Officers in the State of Western Australia who do not receive a District Allowance under the foregoing scale may be paid a Special Allowance equal to 5 per cent. of their salary.
Where in computing on the above scale the annual amount of District Allowance the result involves fractional parts of a pound up to and including Ten shillings, the nearest lesser amount in pounds shall be that allowed; where the fractional part exceeds Ten shillings, the nearest greater amount in pounds shall be allowed.
In localities where these allowances do not, in the opinion of the Permanent Head, fairly compensate the officer for extremely severe and costly conditions of living, the rates in the foregoing scale may be increased by the Commissioner, with the approval of the Governor-General.
District allowances are not payable to officers while temporarily relieving in a District Allowance locality; but the Commissioner may, under special circumstances, increase the prescribed travelling allowance payable to an officer while relieving in such a locality.
(2.) This Regulation supersedes the Provisional Regulations made the 28th February, 1912 (Statutory Rules 1912, No. 56) and the 19th April, 1912 (Statutory Rules 1912, No. 80) respectively.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Act 1902 was enacted to provide a framework for the regulation and management of the public service within Australia. The primary gap it aimed to address was the need for a standardised system to administer allowances for public service officers, particularly those working in challenging or expensive living conditions. The statutory rule, Statutory Rules 1912 No. 160, issued by the Governor-General in Council under the Public Service Act, sets out the allowances to be paid to officers in various climatic and cost of living conditions. The policy objective is to ensure that officers receive fair compensation for the difficulties associated with their duties, while maintaining a structured approach to allowances. This regulation was designed to replace previous provisional regulations and establish a more comprehensive and consistent allowance system.
Scope and Application
This statutory rule, made under the Public Service Act 1902, pertains to the allowances paid to officers in the Commonwealth public service who are stationed in areas with severe climatic conditions or exceptionally high living costs. The regulation sets out a scale of allowances, ranging from a minimum of 5% to a maximum of 50% of an officer’s salary, depending on the severity of the conditions. The allowances are classified into different scales, with the possibility of additional allowances for married officers with dependents and those who are the main support of related persons. Special allowances can also be granted to officers in Western Australia who do not qualify for the standard district allowances. The regulation specifies that allowances are not payable to officers temporarily relieving in a district allowance locality, although the Commissioner can increase the prescribed travelling allowance in special circumstances. The regulation also includes provisions for rounding the calculated allowances and allows for the Commissioner, with the approval of the Governor-General, to adjust the rates in areas where the existing scale does not adequately compensate for the living conditions.
Key Provisions
The regulation, section 1, establishes a new scale of allowances for officers living in localities where climatic conditions are severe or the cost of living is exceptionally high. This scale ranges from minimum to maximum ratios of allowance to salary, with six different categories, I through VI, each offering varying percentages of salary based on the officer's station (Commonwealth Public Service Act 1902, Regulation 168). For example, an officer in category I receives a minimum of 5% of their salary on the first £100 or portion thereof, while an officer in category VI receives a maximum of 40% on the portion of their salary above £300. The regulation also specifies that married officers with families residing with them may receive an allowance one scale higher than their station, and unmarried officers may receive a married officer’s allowance if they can prove they are the main support of related persons living with them.
Section 1 also sets out specific provisions for officers in the state of Western Australia. It states that officers who do not receive a District Allowance under the established scale may be paid a Special Allowance equal to 5% of their salary. The regulation further provides that if the annual amount of District Allowance involves fractional parts of a pound, the nearest lesser amount in pounds is to be allowed up to and including ten shillings, with the nearest greater amount in pounds allowed if the fraction exceeds ten shillings. Additionally, section 1 stipulates that district allowances are not payable to officers temporarily relieving in a district allowance locality, but the Commissioner may increase the prescribed travelling allowance in special circumstances.
The regulation imposes obligations on various parties, including the Commissioner and the Governor-General. The Commissioner is tasked with determining whether the rates in the scale fairly compensate officers for extremely severe and costly living conditions. If not, the Commissioner may increase the rates with the approval of the Governor-General. The regulation also places the responsibility on the Chief Officer to verify if an unmarried officer qualifies for a married officer’s allowance based on their status as the main support of related persons residing with them. Additionally, the regulation requires the Commissioner to ensure that district allowances are not paid to officers temporarily relieving in a district allowance locality, with exceptions made under special circumstances.
The regulation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, it is implied that any deviation from the established allowances without proper approval or verification could lead to administrative repercussions, including potential audits or investigations into the misapplication of allowances. The precise penalties would likely be determined by the governing body or higher authorities within the Commonwealth Public Service framework, although these are not detailed within the regulation itself.