STATUTORY RULES
1913. No. 60.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.
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 1902-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-seventh day of February, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
Regulation 166a made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:-
166a.—Where any officer performs the duties of a position of a higher class or grade than that in which he is classified, he may be granted, on the approval of the Commissioner, during the period in excess of six months for which he continues to perform the duties of such higher position, payment in addition to salary at a rate equal to the difference between his salary and the minimum salary of the class or grade of the higher position. Such payment may also be made in any case where an officer, having previously performed the duties of a higher position continuously for six months, is required to again perform higher duties within a period of two years from the date of last receipt of payment under the provisions of this Regulation, unless the officer is required to perform the higher duties during the absence on full pay of a permanent occupant of the higher position. In the latter case the payment shall be made after three months from the date of temporary transfer or, if the salary of the relieved officer is reduced below full pay before the expiration of three months, from the date of such reduction.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.2806.—Price 3d.
Overview
Statutory Rules 1913 No. 60, issued under the authority of the Commonwealth Public Service Act 1902, was enacted in 1913 to address the issue of public service officers performing duties that exceed their official classification. This Provisional Regulation was introduced to ensure that officers who undertake responsibilities of a higher grade or class are adequately compensated for their additional duties. The regulation provides for additional payments to these officers to reflect the difference between their current salary and the minimum salary of the higher position, thereby providing an incentive for officers to take on higher duties. The policy objective of the regulation is to ensure fair compensation for public service officers who perform above their official classification, while maintaining the flexibility to approve such payments on a case-by-case basis.
The Provisional Regulation was made under the urgent circumstances provided by the Commonwealth Public Service Act 1902 and came into immediate operation. It was certified by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The regulation is a legislative instrument designed to offer immediate relief and adjustment to the public service framework by providing a structured approach to compensate officers who take on roles beyond their designated classifications.
Scope and Application
This Statutory Rule applies to officers within the Commonwealth public service who perform duties of a higher class or grade than their classified position. The Act specifies that these officers may receive additional payment for the period they exceed six months in such duties, subject to approval from the Commissioner. The scope of this provision ensures that public servants who are temporarily assigned to roles above their permanent classification can receive financial recognition for their elevated responsibilities. The regulation also considers scenarios where officers are required to perform higher duties again within two years of a previous payment, with specific conditions for payment when officers are temporarily stepping in for absent colleagues. This Provisional Regulation has a Commonwealth reach, applying nationally, and is intended to provide immediate operational effect under the urgent circumstances outlined in the Act. The regulation does not include provisions for exclusions or exemptions, nor does it specify thresholds for the additional payment beyond the outlined conditions. Any further detail or extension of application is left to be determined through subsequent legislative or administrative actions.
Key Provisions
The main operative sections of the Provisional Regulation under the Commonwealth Public Service Act 1902-1911 are set out in Regulation 166a. This regulation allows for additional payment to officers who perform duties of a higher class or grade than their current classification (Reg. 166a(1)). This additional payment is contingent upon approval from the Commissioner and is applicable during periods exceeding six months where the officer continues to perform higher duties. Additionally, if an officer who has previously performed higher duties for six months is required to do so again within two years, they may also be eligible for the additional payment, unless they are covering for a permanent occupant on full pay (Reg. 166a(2)). If the officer is covering for a permanent occupant on full pay, the additional payment will be made after three months, or from the date of salary reduction if it occurs before the three-month period (Reg. 166a(3)).
The Provisional Regulation imposes specific obligations on both officers and the Commissioner. Officers must perform duties of a higher class or grade than their current classification to be eligible for the additional payment (Reg. 166a(1)). They must also ensure that any requirement to perform higher duties is continuous for at least six months to qualify for payment under certain conditions (Reg. 166a(2)). The Commissioner, on the other hand, is required to approve any requests for additional payments made under Regulation 166a (Reg. 166a(1), (2)). The Commissioner must also ensure that officers who are temporarily covering for a permanent occupant on full pay receive their additional payment after three months or from the date of salary reduction, if earlier (Reg. 166a(3)).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the regulation for non-compliance with its provisions. However, failure to adhere to the requirements could potentially lead to disputes regarding the eligibility for additional payments, which might need to be resolved through administrative or judicial processes. The regulation focuses primarily on establishing the criteria and conditions for additional payments rather than prescribing punitive measures for non-compliance.