STATUTORY RULES.
1904. No. 74.
AMENDMENT OF REGULATION No. 102 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 this thirtieth day of November, One thousand nine hundred and four.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
DUGALD THOMSON,
Minister of State for Home Affairs.
———
Amendment of Public Service Regulation 102.
Public Service Regulation 102 as it at present stands, reads as follows:—
“Any officer transferred or promoted at his own request to any office or grade in the General Division shall thereupon be junior to any officer already in such office or grade, but shall be paid an amount not less than that which he was receiving immediately before such transfer or promotion provided it be not greater than the maximum rate for his new office or grade.”
It is recommended that the above regulation be repealed, and that a new regulation in the following terms be made and substituted therefor:—
“In the case of an officer transferred or promoted to any office or grade in the General Division, his relative seniority with the officers employed in such office or grade shall be determined by the salary paid to him, and by the length of time during which he has received such salary. The salary to be paid to such officer upon transfer or promotion shall be not less than that received immediately prior to his removal; provided that it shall not exceed the maximum rate for his new office or grade.”
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C. 12916.—Price 3d.
Overview
The Statutory Rules 1904 No. 74 represents an amendment to Regulation 102 under the Commonwealth Public Service Act 1902. This regulation was enacted in 1904 to address the need for more precise guidelines regarding the seniority and salary of officers transferred or promoted within the General Division of the public service. The regulation was enacted by the Governor-General in Council, reflecting the urgency of the matter and its importance for the administration of the public service. The policy objective of this amendment was to establish a clearer and more equitable method for determining the relative seniority of officers based on their salary and the duration of their service, ensuring that their remuneration remains fair and within permissible limits upon transfer or promotion.
Scope and Application
The Statutory Rules of 1904, No. 74, pertain to an amendment of Regulation No. 102 under the Commonwealth Public Service Act 1902. This legislative instrument applies to officers within the Commonwealth Public Service who are transferred or promoted at their own request to any office or grade in the General Division. The amendment modifies the criteria for determining the relative seniority of such officers, shifting the basis from their position upon transfer to a combination of the salary they receive and the duration of that salary. This regulation is aimed at ensuring a fair and structured approach to the remuneration and seniority of officers within the Commonwealth Public Service. The amendment takes immediate effect as a Provisional Regulation, underscoring its urgency and immediate application. This Act applies nationally within the Commonwealth of Australia and affects all officers within the specified scope of the regulation, without stated exclusions or exemptions. The scope of application may be further defined or expanded through subordinate instruments.
Key Provisions
The main operative sections of this statutory rule (Statutory Rules.1904. No. 74) pertain to the amendment of Regulation No. 102 under the Commonwealth Public Service Act 1902. Specifically, section 2 of the rule repeals the existing Regulation No. 102 and replaces it with a new regulation (section 3). The new regulation stipulates that an officer transferred or promoted to an office or grade in the General Division will have their relative seniority determined by the salary they have received and the duration for which they have received that salary (section 3(1)). Furthermore, the salary of the officer upon transfer or promotion must not be less than what they were receiving prior to the transfer or promotion, but it must not exceed the maximum rate for their new office or grade (section 3(2)).
The obligations and requirements imposed by this Act on public service officers are primarily focused on their relative seniority and salary upon transfer or promotion. The new regulation mandates that an officer's seniority is contingent on the salary they have been paid and the length of time for which they have been paid that salary. Additionally, it ensures that the officer's salary after transfer or promotion will not be less than what they were receiving prior to the transfer or promotion, provided it does not exceed the maximum rate for the new office or grade. This provision aims to maintain fairness and consistency in the determination of an officer's rank and remuneration within the public service.
The Act does not explicitly outline any specific offences, penalties, or civil or criminal consequences for breach of the provisions. However, non-compliance with the regulations set forth in the Act could potentially lead to disputes regarding an officer's seniority and salary, which may be resolved through internal public service mechanisms or legal proceedings. It is important for public service officers and the relevant authorities to adhere to the provisions of the Act to ensure the proper functioning of the public service and to avoid any disputes or conflicts arising from non-compliance.