Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The "Public Service (Provisional) Regulation No. 104 (Classification of the General Division)" was enacted in 1904 to address the need for a structured classification and pay scale for public service positions within the General Division. The regulation was provisionally amended by Order in Council No. 146 on 21st June 1904, with further amendments approved by the Governor-General to include additional offices and salary rates. The policy objective of this legislation is to provide a clear and fair classification system for public service roles, ensuring that remuneration aligns with the responsibilities and requirements of each position. The regulation was enacted by the Australian Parliament to provide a systematic approach to public service compensation, thereby addressing the gap in the structured classification of public service roles and ensuring equitable pay practices within the General Division.

Scope and Application

The Public Service (Provisional) Regulation No. 104, as amended, pertains to the classification of the General Division within the Australian Public Service. This statutory rule applies to all public servants within the General Division, encompassing a broad range of roles and functions across various departments and offices. The regulation sets out the minimum and maximum yearly rates of pay, as well as the scale of additions for specific positions such as the Shipping Patrol Officer in the Trade and Customs department. The geographic reach of this legislation is national, as it applies to all public servants employed under the Commonwealth of Australia. There are no specific exclusions, exemptions, or thresholds mentioned in the text, and the regulation is effective from 1 July 1904. The application of this Act may be further extended or restricted through subordinate instruments, as authorised by the Order in Council.

Key Provisions

The legislative instrument (C2004L09732) amends the Public Service (Provisional) Regulation No. 104, specifically concerning the classification of the General Division. This amendment, provisionally approved by Order in Council No. 146 of 21st June 1904, introduces new salary rates for certain positions within the Trade and Customs department, effective from 1st July 1904. The new provisions pertain to the role of Shipping Patrol Officer within this department, setting a minimum yearly rate of pay, a scale of additions, and a maximum yearly rate of pay (sections 1-3). The minimum yearly rate is set at £18, with additions of £26 paid at intervals of not less than one year, culminating in a maximum yearly rate of £3200. The obligations imposed by this legislation are primarily administrative. It requires the Trade and Customs department to adhere to the new salary structure for Shipping Patrol Officers, ensuring that these officers receive the specified minimum, scale, and maximum rates as per the amended regulation. This includes updating payroll systems and ensuring that all relevant documentation reflects the new salary rates. Furthermore, it mandates that the department provide transparency and consistency in salary administration, ensuring that all officers in the specified role receive equitable treatment in accordance with the new provisions. Failure to comply with the amended salary rates could lead to various consequences. While the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of public service regulations can potentially result in disciplinary actions against the responsible officers or departments. In more severe cases, legal action could be taken against the government or relevant officials, particularly if the non-compliance leads to financial loss or significant administrative disruption. The precise nature of penalties would be determined based on the severity and impact of the breach, in accordance with broader public service laws and regulations.