STATUTORY RULES.
1906. No. 13.
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 23rd day of January, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency's command,
LITTLETON ERNEST GROOM,
Minister of State for Home Affairs.
Overtime.—General Division.
Regulation 64 of the Regulations made under the provisions of the Commonwealth Public Service Act 1902, published in the Gazette on the 23rd day of December, 1902, is repealed, as from the 14th day of September, 1905, and the following Regulation is substituted in lieu thereof :—
64. The following shall be the rate of payment for Overtime for Officers of the General Division, when such payment is sanctioned, viz. :—
Officers receiving a salary of £100 a year, or under 9d. an hour.
Officers receiving over £100 a year, and up to £150 a year, 1s. an hour.
Officers receiving over £150 a year, and up to £200 a year, 1s. 3d. an hour.
Officers receiving over £200 a year, and up to £250 a year, 1s. 6d. an hour.
Officers receiving over £250 a year, and up to £300 a year, 2s. an hour.
Officers receiving over £300 a year, 2s. 6d. an hour.
Except in special cases to be determined by the Commissioner, Officers who do not work under close supervision, or whose services are likely to be required at unusual hours, such as Boatmen, Caretakers, Detectives, Messengers, Patrol Officers, and Watchmen, shall not be entitled to claim overtime.
The Provisional Regulation under the above Act, dated the 14th day of September, 1905 (Statutory Rules 1905, No. 57), is superseded by this Regulation.
By Authority : Robt. S. Brain, Government Printer, Melbourne.
Overview
The Statutory Rules 1906, No. 13, made under the Commonwealth Public Service Act 1902, addresses the issue of overtime pay for officers within the General Division of the public service. Enacted by the Governor-General in Council, this regulation was introduced to establish a clear and structured rate of payment for overtime, which had previously been inconsistent and potentially subject to arbitrary decisions. The policy objective of this regulation is to provide a fair and transparent method of compensating officers for overtime work, ensuring that the rates are proportional to the officers' salaries, while also excluding certain positions from entitlement based on the nature of their work. This regulation was necessary to rectify the inadequacies of the previous provisions and to ensure equitable treatment across the public service.
Scope and Application
This statutory rule, numbered 1906. No. 13, made under the Commonwealth Public Service Act 1902, pertains to the rates of payment for overtime for officers in the General Division of the public service. It applies to officers who are part of the Commonwealth public service, specifically those in the General Division, and outlines the remuneration rates for overtime work depending on their annual salary. The rule specifies that officers with different salary brackets receive varying hourly rates for overtime, with those earning higher salaries receiving higher overtime pay. However, officers who do not work under close supervision or whose duties require them to be available at unusual hours, such as boatmen, caretakers, detectives, messengers, patrol officers, and watchmen, are not entitled to claim overtime unless in special cases determined by the Commissioner. This regulation effectively supersedes the provisional regulation dated 14th September 1905.
Key Provisions
The primary operative sections of this legislation (Regulation 64) establish the rate of payment for overtime for Officers of the General Division within the Commonwealth Public Service. This regulation specifies the hourly rate for overtime based on the officer's annual salary. For instance, officers earning £100 per year or less receive 9d per hour, while those earning over £250 per year receive up to 2s. 6d per hour, depending on their salary bracket (Regulation 64). Additionally, there is an exception for officers who do not work under close supervision or whose services are required at unusual hours, such as Boatmen, Caretakers, Detectives, Messengers, Patrol Officers, and Watchmen, who are not entitled to overtime unless approved by the Commissioner (Regulation 64).
The Act imposes specific obligations on the relevant parties, including the need for officers to meet the criteria outlined for overtime eligibility. Officers must work under close supervision and adhere to regular hours unless they fall into the specified categories that are exceptions to the general rule (Regulation 64). The Commissioner's authority to determine special cases further adds to the obligations, ensuring that only justified cases receive consideration for overtime payments. The regulation also mandates that officers must report their overtime work accurately and in line with the specified rates based on their salary (Regulation 64).
Failure to comply with the provisions outlined in the regulation could result in various consequences. While the regulation does not explicitly list offences, breaches of the overtime payment rules could lead to disciplinary actions against the officers involved. Additionally, officers who falsely claim overtime or who work outside the stipulated conditions without proper approval might face penalties. The regulation does not specify maximum penalties, but it is implied that non-compliance could result in corrective measures as determined by the Commissioner or other relevant authorities within the public service framework (Regulation 64).