STATUTORY RULES.
1908. No. 80.
PROVISIONAL REGULATIONS 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 Regulations under the Commonwealth Public Service Act 1902, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this third day of July, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
Repeal of Public Service Regulations 172 and 182, and Substitution of New Regulations Therefor.
Public Service Regulations 172 and 182, made under the provisions of the Commonwealth Public Service Act 1902, are repealed, and new Regulations in the following terms are made in lieu thereof:—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. Under special circumstances the Commissioner may permit an officer to effect an assurance payable at 65 years of age—
Salary or Wage. | | | Amount of Assurance. |
£ | £ | | £ |
100 and under | — | … | 100 |
Over 100 to | 150 | … | 150 |
„ 150 „ | 200 | … | 200 |
„ 200 „ | 300 | … | 300 |
„ 300 „ | 400 | … | 400 |
„ 400 „ | 500 | … | 500 |
Provided, however, that such policy shall contract for the payment of an amount not less than the maximum annual salary prescribed by the Act or Regulations for the class or position to which any officer is appointed or promoted.
C.7018.—Price 3d.
182. If the person assured is permitted to remain in the Public Service beyond the age at which any sum becomes payable under such policy, a sum of money equal to the maximum amount for which he is required to be assured under these Regulations shall be held by the company in which such officer is assured until he retires or is removed from the Public Service or depart this life, and until this happens such company shall pay the officer so assured interest half-yearly at the rate of three per cent per. annum on the sum retained.
By Authority: J. Kemp, Government Printer, Melbourne.
Overview
The Statutory Rules 1908 No. 80, titled "Provisional Regulations under the Commonwealth Public Service Act 1902," were enacted in 1908 by the Governor-General in Council to address urgent needs in the public service regulatory framework. These provisional regulations were introduced to replace existing regulations and provide an immediate operational structure for public service assurance policies, ensuring that officers are appropriately covered in the event of reaching certain milestones or leaving the public service. The regulations were designed to maintain a consistent and reliable assurance system for public service employees, aligning with the policy objective of the Commonwealth Public Service Act 1902 to provide security and stability within the public sector workforce.
Scope and Application
The Provisional Regulations under the Commonwealth Public Service Act 1902 apply to any person employed within the Commonwealth public service, including officers who are required to take out life insurance policies. These regulations specifically pertain to the terms and conditions of the insurance policies that must be maintained by public servants, ensuring they provide for payments at certain life events such as reaching the age of 60 or upon death before that age. The regulations also outline the circumstances under which an officer might be permitted to take out an insurance policy payable at a later age, such as 65, subject to approval by the Commissioner. The provisions include a detailed scale for the amounts to be assured based on the officer's salary, with a requirement that the policy must cover at least the maximum annual salary prescribed for their position. Furthermore, the regulations detail what happens to the assured amount if the officer remains in the Public Service past the age at which the policy payout would occur, stipulating that the company holding the policy must pay interest to the officer half-yearly at a specified rate until the officer retires or leaves the Public Service. These regulations have a national reach, applying across all states and territories of Australia as they are made under the Commonwealth Public Service Act 1902.
Key Provisions
The main operative sections of these Provisional Regulations, as provided under the Commonwealth Public Service Act 1902, concern the assurance policies taken out by public servants, specifically those not already insured (Reg. 172). These policies must ensure that a certain amount is paid to the insured person upon reaching the age of 60, or to their personal representatives if the insured person dies before reaching that age. The amount of assurance must correspond to the salary of the insured person according to a specified scale. For instance, for a salary of £100 and under, the assurance amount should be £100; for a salary over £100 up to £150, the assurance amount should be £150, and so forth (Reg. 172). Under special circumstances, the Commissioner may allow an officer to take out an assurance that pays out at the age of 65 instead of 60 (Reg. 172). Additionally, if the insured person remains in the Public Service beyond the age at which the sum becomes payable under the policy, the insurance company must retain an amount equal to the maximum assurance until the insured person retires or dies, and pay interest at a rate of three per cent per annum half-yearly on the retained sum (Reg. 182).
The Regulations impose specific obligations on both public servants and the insurance companies they deal with. Public servants who are not already insured must take out assurance policies that meet the criteria set out in the Regulations (Reg. 172). The amount of assurance must be in accordance with the salary scale specified and must not be less than the maximum annual salary prescribed for their class or position. Insurance companies, on the other hand, must ensure that the assured amount is paid out at the specified age, or to the personal representatives if the insured person dies before reaching that age. If the insured person remains in the Public Service beyond the age at which the sum becomes payable, the company must retain the assured amount and pay interest as specified (Reg. 182).
In terms of consequences for non-compliance, the Regulations do not explicitly state offences, penalties, or civil or criminal consequences for breach. However, failure to adhere to the specified requirements for assurance policies could potentially lead to disputes regarding the payout of the assured amounts, which might be subject to resolution through administrative or judicial processes. It is worth noting that the Regulations are provisional, and any non-compliance might be addressed in future amendments or permanent regulations that replace these provisional measures.