Commonwealth Public Service Regulations (Amendment)

Legislation au C1921L00012 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1921. No. 12.

__________

REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1918 (SECOND AMENDMENT 1921).

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 1902-1918, to come into operation forthwith.

Dated this twentieth day of January 1921.

FORSTER.

Governor-General

By His Excellency’s Command,

W. M. HUGHES,

Prime Minister.

____________

Amendment of Commonwealth Public Service Regulations as Amended to this Date.

Regulation 169a of the Commonwealth Public Service Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) thereof the words “married male officer who is twenty-one years of age or over” and inserting in their stead the words “male officer who is married or a widower”;

(b) by omitting paragraphs (aa), (b), (c) and (d) of sub-regulation (1.) thereof and inserting in their stead the following paragraphs:—

“(b) to each male officer not included in the class specified in the last preceding paragraph who is 21 years of age or over and who is in receipt of salary at a rate less than £400 per annum—the sum of £12 per annum:

Provided that the sum per annum paid to any officer under this paragraph shall not exceed the amount by which the salary per annum of the officer falls short of £400:

Provided further that in the case of an unmarried adult male officer who wholly or partly supports any member or members of his family and who is in receipt of salary at a rate less than £208 per annum the allowance may be of such amount as is determined by the Commissioner but no such allowance shall be granted which would raise the total remuneration of any such officer above £208 per annum;

(c) to each officer who is married or a widower and who is the father or step-father of dependent children under the age of 14 years and who is in receipt of salary at a rate less than £500 per annum— the sum of £13 per annum in respect of each such child so dependent:


Provided that the total sum per annum paid to any officer under this paragraph shall not exceed the amount by which the salary per annum of the officer falls short of £500;

(d) to each officer (male or female), not included in the class specified in paragraph (a) of this sub-regulation, who is less than 21 years of age—an allowance at the rate of £6 per annum;

(e) to each adult female officer who is in receipt of salary at a rate less than £400 per annum—an allowance at the rate of £12 per annum:

Provided that the total amount paid (including any allowance paid under this regulation) shall not exceed £400 per annum:

Provided further that in the case of any adult female officer who wholly or partly supports any member or members of her family and who is in receipt of salary at a rate less than £174 per annum, the allowance may be of such amount as is determined by the Commissioner but no such allowance shall be granted which would raise the total remuneration of any such officer above £174 per annum.”;

(c) by omitting from sub-regulation (2.) thereof the words “children who are” and inserting in their stead the words “his children who were”;

(d) by inserting therein after sub-regulation (2.) the following sub-regulation:—

“(2a.) The allowances specified in this regulation shall not be payable to officers designated in Table C of regulation 104 except in such cases and to such extent as the Commissioner determines”;

(e) by omitting sub-regulation (3.) thereof and inserting in its stead the following sub-regulation:—

“ (3.) In this regulation ‘salary’ includes—

(a) any amount granted by way of bonus or cost of living allowance under any award made under the Arbitration (Public Service) Act 1911;

(b) such allowances in the nature of salary as are determined by the Commissioner;

(c) the value, to an extent not exceeding ten per centum of such other remuneration of the officer as is included in his salary, of free quarters granted to any officer; and

(d) the value of fuel, light and rations granted to any officer.”.

 

 

 

 

 

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Commonwealth Public Service Regulations Amendment (Second Amendment 1921) Statutory Rules 1921 No. 12 were enacted by the Governor-General, acting on the advice of the Federal Executive Council, under the authority of the Commonwealth Public Service Act 1902-1918. This legislation was introduced to address and amend existing regulations concerning allowances for Commonwealth public servants. The policy objective was to revise and expand the categories of officers eligible for specific allowances, ensuring that the remuneration of public servants was more accurately aligned with their personal circumstances and responsibilities. The amendments were designed to provide additional support to officers based on their marital status, age, and the support of dependents, thereby enhancing the overall welfare of public servants.

Scope and Application

This legislative instrument, the Commonwealth Public Service (Second Amendment) Regulation 1921, amends the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1902-1918. It applies to officers within the Commonwealth Public Service who are entitled to salary-related allowances. The amendment modifies the eligibility criteria for certain allowances and specifies new rates for these allowances based on factors such as marital status, age, and dependents. Notably, the regulation broadens the eligibility for allowances to include male officers who are married or widowers, regardless of age, and adjusts the allowances based on salary levels, with specific provisions for officers who support family members. Additionally, it introduces new allowances for unmarried officers under 21 years of age and adult female officers. The regulation also restricts the applicability of these allowances to certain officers designated in Table C of Regulation 104, subject to the Commissioner's discretion. The regulation is effective immediately and applies on a national level across the Commonwealth of Australia.

Key Provisions

The Regulation under the Commonwealth Public Service Act 1902-1918 (Second Amendment 1921) introduces several changes to the Commonwealth Public Service Regulations, particularly regarding allowances for officers. Regulation 169a, as amended, modifies the eligibility criteria for allowances and the amounts payable. Previously, allowances were tied to age and marital status, but now, they are based on family responsibilities and income levels (169a(1)). For example, married or widowed male officers with dependent children under 14 who earn less than £500 per annum are entitled to £13 per annum for each dependent child (169a(1)(c)). Unmarried male officers supporting family members and earning less than £208 per annum may receive an allowance up to the shortfall, not exceeding £208 (169a(1)(b)). Female officers earning less than £400 per annum receive an allowance of £12 per annum, with adjustments if they support family members (169a(1)(e)). Officers under 21 years of age receive £6 per annum (169a(1)(d)). The regulation also imposes specific conditions on the payment of allowances. Officers designated in Table C of regulation 104 are excluded from these allowances unless the Commissioner determines otherwise (169a(2a)). The definition of "salary" has been expanded to include bonuses, cost of living allowances, and other remuneration, as well as the value of certain benefits such as free quarters, fuel, light, and rations (169a(3)). These amendments ensure that the allowances are aligned with the officers' financial circumstances and family obligations. Failure to comply with the provisions of this regulation may result in legal consequences. Although specific offences and penalties are not detailed in the regulation, breaches of public service regulations generally attract penalties under the Commonwealth Public Service Act 1902-1918 or other applicable legislation. Penalties for non-compliance could range from fines to disciplinary actions, depending on the severity and nature of the breach. Overall, this regulation seeks to provide targeted financial support to Commonwealth officers based on their personal circumstances and income, ensuring that allowances are fairly distributed and reflect the actual needs of officers and their families.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.