STATUTORY RULES.
1910. No. 104.
PROVISIONAL 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 certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated the 27th day of October, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation 104, made under the provisions of the Commonwealth Public Service Act 1902, is amended by the addition thereto of the following words:—
“Notwithstanding anything in the schedule contained in this Regulation in any case where the Governor-General, on the recommendation of the Commissioner, directs that an office shall be classified in any particular grade, the officer occupying such office may, subject to the approval of the Commissioner, be advanced to the minimum salary of such grade.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.16020.—Price 3d.
Overview
Statutory Rules 1910 No. 104, introduced as a Provisional Regulation under the Commonwealth Public Service Act 1902, was enacted in 1910 by the Governor-General, acting with the advice of the Federal Executive Council. The urgency of the matter necessitated its immediate operation to address immediate administrative needs within the Commonwealth public service. The regulation was designed to provide flexibility in salary adjustments for public servants by allowing the Governor-General, on the recommendation of the Commissioner, to direct the classification of offices in specific grades, thereby enabling officers to be advanced to the minimum salary of the respective grade subject to the Commissioner's approval. This legislative measure aimed to streamline the classification process and ensure that public servants could be appropriately compensated for their roles within the evolving structure of the Commonwealth public service.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to officers within the Commonwealth public service, particularly those who may be directed by the Governor-General to have their offices classified in a particular grade. This regulation allows for the advancement of the officer occupying such office to the minimum salary of the specified grade, subject to the approval of the Commissioner. The regulation's jurisdictional reach is within the Commonwealth of Australia, impacting federal public service employees. The regulation specifically amends Regulation 104 of the Commonwealth Public Service Act 1902, allowing for flexibility in the classification and salary adjustments of officers based on the Governor-General's direction and the Commissioner's approval. The regulation is designed to address urgent cases and ensure that officers can be appropriately compensated for their roles within the public service framework.
Key Provisions
The main operative sections of this Statutory Rule, as per Regulation 104, concern the classification and salary adjustment of officers within the Commonwealth Public Service. Specifically, Section 1 amends the existing provisions by allowing an officer to be advanced to the minimum salary of a particular grade if the Governor-General, following a recommendation from the Commissioner, directs that an office be classified in that grade (Section 1). This adjustment is contingent upon the approval of the Commissioner.
Under this legislation, the obligations imposed on the parties involved are primarily on the Governor-General and the Commissioner. The Governor-General must act on the Commissioner's recommendation to classify an office in a specific grade, while the Commissioner holds the authority to approve or disapprove the officer's advancement to the new salary grade. The officers themselves must adhere to the classification and salary structure as determined by these authorities.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Statutory Rule itself. However, any breach of the procedures or improper classification could potentially lead to administrative actions or legal consequences depending on the specific circumstances and any related public service regulations or policies. The maximum penalties for any associated misconduct would be determined in line with other relevant laws and regulations governing public service conduct and employment.