STATUTORY RULES.
1910. No. 53.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1909.
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 1902-1909 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this thirty-first day of May, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation 172, made under the provisions of the Commonwealth Public Service Act 1902, is hereby repealed, and a new Regulation in the following terms is made in lieu thereof:—
172. Every policy taken out as aforesaid by any person not already assured shall provide for the payment of an amount in accordance with the following scale, to the person assured on his attaining the age of 60 years, or to his personal representatives within three (3) months from the date of his death, if the person assured should die before reaching that age. In special circumstances the Commissioner may permit an officer to effect an assurance payable at 65 years of age.
Maximum Salary of class or position to which officer is appointed or promoted. | | Amount of Assurance. |
£ | £ | £ |
150 and under | — | … | … | 150 |
Over | 150 | to | 200 | … | … | 200 |
,, | 200 | To | 300 | … | … | 300 |
,, | 300 | to | 400 | … | … | 400 |
,, | 400 | | — | … | … | 500 |
|
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.7716.—Price 3d.
Overview
The Statutory Rules of 1910, No. 53, presents a Provisional Regulation under the Commonwealth Public Service Act 1902-1909. This regulation was enacted by the Governor-General in the context of urgent requirements, thereby coming into immediate effect. It addresses the need to update certain provisions of the existing public service regulations, specifically focusing on the adjustments to the assurance policies for public servants. The enacting body is the Governor-General, acting on the advice of the Federal Executive Council, which underscores the urgency and importance of the regulation. The overarching policy objective is to provide a clear and updated framework for assurance policies within the public service, ensuring consistency and fairness in benefits provided to public servants.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1909 applies to individuals who are not already assured under a policy, ensuring they are covered according to a specified scale upon reaching 60 years of age or to their personal representatives if they pass away before reaching that age. In exceptional circumstances, the Commissioner has the authority to allow an officer to secure an assurance payable at 65 years of age. The regulation pertains to the financial provisions for officers within the Commonwealth public service, specifically focusing on life assurance policies that align with the officers' salary brackets, ranging from £150 to £400. The regulation's jurisdictional reach is limited to the Commonwealth, thereby impacting federal public service employees directly. This Provisional Regulation supersedes previous regulations, including Regulation 172, and comes into immediate effect as certified by the Governor-General, highlighting the urgency and immediate applicability of these provisions.
Key Provisions
The main operative sections of this Provisional Regulation, specifically Regulation 172, establish a scheme for the payment of an assurance amount to individuals not already covered by insurance. Section 172 outlines that every policy taken out by such individuals must provide for a specified payment, depending on the maximum salary of the class or position to which the officer is appointed or promoted. For instance, if the maximum salary is £150 or under, the assurance amount will be £150; if the salary exceeds £150 up to £200, the assurance amount will be £200, and so forth (section 172). The payment is to be made upon the person's attainment of 60 years of age, or to their personal representatives if they die before reaching that age. In special circumstances, the Commissioner may permit an officer to take out an assurance payable at the age of 65 years.
The obligations imposed by this Regulation are primarily on the individuals who are not already assured. They must ensure that the policies they take out comply with the outlined assurance amounts based on their salary brackets. Furthermore, the Regulation imposes an obligation on the Commissioner to review and potentially approve special circumstances where officers may take out assurances payable at 65 years of age, rather than the standard 60 years. These obligations ensure that the assurance scheme is adhered to, providing a reliable financial provision for public service officers upon reaching a certain age or in the event of their death before reaching that age.
Breaches of this Regulation could lead to various consequences, depending on the nature and severity of the non-compliance. While the Regulation does not explicitly outline offences or penalties, it is reasonable to infer that failing to comply with the assurance requirements or seeking improper assurances could lead to disciplinary actions or financial penalties as determined by the relevant authorities under the Commonwealth Public Service Act 1902-1909. The Commissioner's authority to permit special circumstances indicates a degree of oversight, suggesting that any misuse of this provision could result in further scrutiny or corrective measures. The exact penalties would be determined in line with the broader public service laws and regulations, but could include fines, revocation of benefits, or other administrative sanctions.