Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Public Service Regulation Amendment No. 104, enacted in 1904, serves to amend the existing Public Service Regulation to establish and maintain the number of officers in each class and grade within the public service, reflecting the proportions determined for each state by the Commissioner. This amendment ensures that the rates of pay for various positions are clearly defined and outlined in a schedule. The policy objective is to maintain equitable pay structures and job classifications across different departments and offices to promote fairness and efficiency within the public sector. The amendment was introduced by the Parliament to address inconsistencies and gaps in the existing public service regulations, aiming to provide clarity and uniformity in pay scales and job responsibilities.

Scope and Application

The Statutory Rules 1904, No. 26, titled "Amendment of Public Service Regulation No. 104," applies to the various classes of officers within different grades across multiple government departments, including but not limited to, the Department of Defence, the Postmaster-General's Department, and various trade and customs roles. This legislation mandates the maintenance of the number of officers in each class and grade as per the proportions determined by the Commissioner for each state, with specific attention given to the rates of pay for these positions. The remuneration scales are detailed in the schedule, with minimum and maximum yearly rates specified for each role, along with provisions for annual increments. Certain positions are divided into grades to account for differences in responsibility and importance, with fixed salaries that do not increase with additional responsibilities. The geographic reach of this legislation is Commonwealth-wide, as it involves federal departments and roles. Subordinate instruments may extend or modify the application of this Act, but the primary focus remains on the regulation of officer numbers and pay scales within the specified departments.

Key Provisions

The statutory rules outlined in Amendment of Public Service Regulation No. 104 (sections 1-3) establish the minimum and maximum rates of pay for various positions within different departments and offices. These rates are to be maintained as closely as possible to the proportions determined by the Commissioner for each State (section 1). The minimum and maximum rates of pay are specified in a schedule attached to the regulation (section 2). Certain positions have fixed salaries and no additional pay is provided (section 2). The regulation also includes provisions for increments in pay based on intervals of not less than one year, and some positions have been divided into grades with fixed salaries (section 2). The Commissioner has the authority to fix salaries between the minimum and maximum rates based on the work performed (section 2). Certain positions, such as Boatman and Boy on Launch in Trade and Customs, have age restrictions and will be transferred to other duties upon reaching the age of 21 years (section 2). The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the Commissioner is responsible for determining the number of each class of officers in each grade and the rates of pay for these positions (section 1). The Commissioner must ensure that the minimum and maximum rates of pay are maintained as closely as possible to the proportions determined for each State (section 1). Secondly, the Act requires departments and offices to adhere to the specified minimum and maximum rates of pay for each position (section 2). Thirdly, certain positions have fixed salaries and no additional pay is provided, meaning that the salary for these positions will not increase beyond the specified maximum rate (section 2). Finally, the Act mandates that certain positions, such as Boatman and Boy on Launch in Trade and Customs, will be transferred to other duties upon reaching the age of 21 years (section 2). There are no specific offences, penalties, or civil/criminal consequences outlined in the Act for breach of its provisions. However, it is implied that failure to comply with the minimum and maximum rates of pay, or the transfer of certain positions upon reaching the age of 21 years, may result in disciplinary action or other consequences as determined by the Commissioner or relevant department. It is important to note that the Act is a legislative instrument and not a criminal statute, so penalties would likely be determined by the relevant department or agency in the event of non-compliance.