STATUTORY RULES
1907. No. 89.
PROVISIONAL REGULATION 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 29th day of August, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
Regulation 66* of the Regulations under, the Commonwealth Public Service Act 1902 is repealed, and the following Regulation substituted in lieu of it:—
Sunday Work.
66. (1) Where an officer whose ordinary duties require him to work on week days is required to work on Sunday, the Permanent Head or Chief Officer may authorize the payment to the Officer, for the Sunday work, of additional pay in accordance with this Regulation.
(2) In cases where the Officer is on duty on seven or more consecutive days in consequence of having to work on the Sunday, he shall be allowed one and a half day’s pay for a full day, and a proportionate amount for less than a full day.
(3) In cases where the Officer is on duty on not more than six consecutive days in consequence of having to work on the Sunday, he may be allowed half-a-day’s additional pay for a full day, and a proportionate part for less than a full day.
Provided that in all cases where an Officer resides on the premises where his duties are performed, and his attendances for work on Sundays are intermittent and for brief periods, he shall not be entitled to claim any additional pay for those attendances.
(4) No Officer or employé of the Public Service shall be liable to dismissal or punishment or other disability for refusing on conscientious grounds to work on Sunday if he has previously notified the Chief Officer that he has conscientious scruples against so working; but he shall not refuse when called upon by his immediate superior to perform Sunday work in cases of necessity. If it should subsequently be found that an officer has improperly made use of this regulation to avoid the performance of his duties, his conduct shall be regarded as a breach of the Regulations under this Act.
* Note.—Regulation 66 was repealed by Statutory Rules 1907, No. 70, and a new Regulation 66 substituted in lieu of it. This new regulation was disallowed by a resolution of the Senate passed on the 18th July, 1907, and ceased to have effect on that date.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C. 10654.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1907, was introduced to address the issue of public service officers being required to work on Sundays and the need for fair compensation for such work. This legislative instrument was issued by the Governor-General, with the advice of the Federal Executive Council, on account of its urgency, and came into immediate operation. The policy objective of the regulation was to provide a structured method for compensating public service officers for Sunday work, while also acknowledging officers' conscientious objections to such work and ensuring they are not penalised for refusing to work on Sundays on religious or ethical grounds, provided they have notified their superiors in advance and unless it is a matter of necessity.
This regulation also outlined specific pay provisions for officers working on Sundays, differentiating between officers working on seven or more consecutive days and those working on six or fewer consecutive days. It further specified that officers residing on the premises where their duties were performed and attending intermittently for brief periods would not be entitled to additional pay for such attendance. The regulation aimed to balance the need for public service continuity with respect for individual officers' beliefs and the practicalities of their work schedules.
Scope and Application
This Provisional Regulation under the Commonwealth Public Service Act 1902 pertains to officers within the public service who are required to work on Sunday in addition to their ordinary weekday duties. The regulation establishes provisions for additional pay that officers may receive for Sunday work, depending on the number of consecutive days they work. The regulation is applicable to officers residing on the premises where their duties are performed, with specific conditions regarding intermittent or brief Sunday work attendances. It also includes provisions for officers who refuse to work on Sundays due to conscientious objections, provided they have notified the Chief Officer of their scruples, while also stipulating the consequences of improperly using these provisions. The regulation applies to officers and employés within the Commonwealth public service across the nation and is subject to amendments and replacements through subordinate instruments.
Key Provisions
The main operative sections of the Provisional Regulation under the Commonwealth Public Service Act 1902, particularly Regulation 66, address the payment of additional compensation for officers required to work on Sundays. According to section 66(1), officers whose regular duties are on weekdays may be authorised by the Permanent Head or Chief Officer to receive additional pay for Sunday work. Section 66(2) stipulates that if an officer works seven or more consecutive days due to Sunday duty, they should be granted one and a half days' pay for a full day and a proportionate amount for less than a full day. Conversely, if the officer works six or fewer consecutive days, they may be granted half a day's additional pay for a full day and a proportionate amount for less than a full day, as per section 66(3). However, officers residing on the premises where their duties are performed and attending work on Sundays intermittently and for brief periods are not entitled to any additional pay, according to section 66(4).
The Provisional Regulation imposes several obligations and requirements on officers and employers within the Commonwealth Public Service. Firstly, officers who work on Sundays must be compensated according to the terms of the regulation, which includes additional pay for consecutive days worked. Secondly, employers, specifically the Permanent Head or Chief Officer, are required to authorise this additional pay. Additionally, officers must notify the Chief Officer of any conscientious scruples against working on Sundays if they intend to refuse such duties. They must also comply with requests to work on Sundays in cases of necessity. These obligations ensure that the regulation is adhered to and that all parties are aware of their respective duties and entitlements.
Failure to comply with the terms of this regulation may result in various consequences for the parties involved. According to section 66(4), officers who improperly use the conscientious objection clause to avoid duties may face disciplinary action, regarded as a breach of the regulations. While the regulation does not explicitly state the penalties for such breaches, it is likely that the consequences would fall under the general disciplinary provisions of the Commonwealth Public Service Act 1902. These may include dismissal, punishment, or other disabilities as deemed appropriate by the Chief Officer. The exact penalties would depend on the specific circumstances and the severity of the breach.