STATUTORY RULES.
1908. No. 100.
REGULATION UNDER THE COMMONWEALTH 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 this 1st day of September, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
Regulation 168 of the Regulations under the Commonwealth Public Service Act 1902 is repealed, and the following new Regulation substituted therefor:—
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 £200 |
| 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 | ... |
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.
Provided that in cases 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 neatest 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.
By Authority: J. Kemp, Government Printer, Melbourne.
C.10419—Price 3d.
Overview
The Statutory Rules 1908, No. 100, issued under the Commonwealth Public Service Act 1902, were enacted to address the need for appropriate allowances for public service officers stationed in areas with severe climatic conditions or exceptionally high living costs. The regulation was promulgated by the Governor-General in Council, acting on the advice of the Federal Executive Council. This legislative instrument sought to ensure that public service officers received adequate compensation for the challenges they faced in certain localities, thereby maintaining morale and efficiency within the public service. The policy objective was to provide fair and adequate allowances to officers in difficult living conditions, enhancing their ability to perform their duties effectively.
Scope and Application
The regulation under the Commonwealth Public Service Act 1902 specifies a scale of allowances for officers who live in localities with severe climatic conditions or exceptionally high cost of living. These allowances are intended to compensate officers for the unique challenges of their work environments. The regulation applies to officers in the Commonwealth public service who reside in designated localities, and it sets out a graduated scale of allowances based on salary brackets, ranging from a minimum of 10% to a maximum of 50%. Furthermore, officers in Western Australia who do not receive a District Allowance under this scale may be eligible for a Special Allowance, which is calculated at 5% of their salary. The regulation also includes provisions for rounding the allowances and allows for adjustments in rates if deemed necessary by the Commissioner, subject to the approval of the Governor-General. Notably, these allowances are not payable to officers temporarily relieving in a District Allowance locality, although the Commissioner may increase the travelling allowance under special circumstances.
Key Provisions
The key operative sections of this legislation (Regulation 168) establish a new scale of allowances that may be paid to officers in the public service who are living in areas with severe climatic conditions or exceptionally high living costs. These allowances are divided into different categories, with varying ratios of the officer's salary (section 168). Additionally, there is a provision for a special allowance for officers in Western Australia who do not receive a District Allowance (section 168). The Commissioner has the authority to adjust the rates of these allowances if they deem the current rates inadequate for the specific living conditions of the officers (section 168). The Commissioner also has the discretion to increase the travelling allowance for officers temporarily relieving in a District Allowance locality under special circumstances (section 168).
Under this legislation, the obligations and requirements imposed on the public service officers and the Commissioner are primarily related to the administration and payment of the allowances. Public service officers are entitled to the allowances based on the scale provided, provided they meet the specified conditions of living in severe climatic conditions or high-cost areas. The Commissioner, with the approval of the Governor-General, has the authority to increase the allowance rates if deemed necessary and can also adjust the travelling allowance for officers temporarily relieving in a District Allowance locality under special circumstances. Additionally, the Commissioner must ensure that the allowances are calculated and paid in accordance with the provisions of this regulation, taking into account any fractional amounts that may arise (section 168).
In terms of consequences for breach of this legislation, the specific penalties or consequences for non-compliance are not explicitly stated in the text. However, as this is a statutory regulation made under the Commonwealth Public Service Act 1902, it is likely that breaches of the regulation could result in disciplinary action against the officers or the Commissioner, depending on the nature and severity of the breach. The Commissioner's authority to adjust the allowance rates and travelling allowances also implies a degree of oversight and enforcement of the regulation's provisions.