Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1906 No. 46, titled Provisional Regulations under the Commonwealth Public Service Act 1902, were enacted to establish and regulate certain provisional aspects of the public service during a period of urgency. This legislative instrument was issued by the Governor General in Council and came into operation immediately, as certified by the Governor General on 16 June 1906. The regulations were designed to address the immediate operational needs of the Commonwealth public service by setting out provisional arrangements pending the full establishment of regulations under the Act. The policy objective of these regulations was to ensure the smooth functioning of the public service by providing clear guidelines on matters such as salary determination, grading of positions, and travelling allowances for public servants.

Scope and Application

The Provisional Regulations under the Commonwealth Public Service Act 1902 apply to officers within the Commonwealth public service, establishing rules concerning their salaries and travelling allowances. These regulations apply across the Commonwealth, affecting the various divisions within the public service, including the Administrative Division, Officers of other Divisions, Clerical and Professional Divisions, and the General Division. Notably, specific provisions are made for officers stationed in Western Australia, with differential rates for travelling allowances in goldfields districts. Certain officers, such as those acting as members of Boards of Inquiry and Appeal, have minimum allowance rates specified. The regulations also stipulate that officers' relative seniority upon transfer or promotion is determined by their previous salary and duration of service in that salary. The regulations extend their application through subordinate instruments, allowing for amendments and further specification of allowances and conditions as necessary.

Key Provisions

The Statutory Rules 1906 No. 46, Provisional Regulations under the Commonwealth Public Service Act 1902, primarily amend the Public Service Regulation 1906 concerning the salary of officers upon transfer or promotion, the grading of Line Repairers, and the scale of travelling allowances. Under Section 102, the relative seniority of an officer transferred or promoted in the General Division is determined by their salary and the length of time they have received it. The officer's salary upon transfer or promotion must be at least what they were receiving previously, unless the Commissioner directs otherwise, in which case it cannot exceed the maximum rate for their new office or grade (Reg. 102). Section 104 introduces new grading for Line Repairers, detailing the minimum and maximum yearly rates of pay and the rates of additions, as well as the intervals at which these increases occur (Reg. 104). Section 149 revises the travelling allowances for officers, setting out a scale based on salary, with specific provisions for officers in Western Australia and those acting as members of Boards of Inquiry and Appeal (Reg. 149). These regulations impose specific obligations on the Commonwealth Public Service, primarily concerning the determination of salaries and seniority upon transfer or promotion, and the calculation of travelling allowances. For instance, when an officer is transferred or promoted, their relative seniority is established based on their salary and tenure in the previous position, and the new salary must adhere to the prescribed limits unless the Commissioner directs otherwise (Reg. 102). Additionally, officers are entitled to specific travelling allowances based on their division and location, with special provisions for those stationed in Western Australia or acting as members of Boards of Inquiry and Appeal (Reg. 149). The Statutory Rules 1906 No. 46 do not explicitly outline offences or penalties for non-compliance with these regulations. However, given the context of public service regulations, it is reasonable to infer that failure to adhere to these provisions could result in administrative consequences, such as disciplinary action or financial penalties, as typically enforced under the Commonwealth Public Service Act 1902. While the regulations themselves do not specify maximum penalties, breaches of public service regulations generally attract disciplinary measures, which can include fines, suspension, or termination of employment, depending on the severity of the breach.