STATUTORY RULES.
1913. No. 37.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.
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 1902-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a “Provisional Regulation.”
Dated this first day of February, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
Regulation 164 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:—
164. In cases where officers are required to provide horse and equipment for the performance of their duties, allowances ranging from £24 to £42 per annum may be allowed by the Chief Officer. Where the minimum rate is considered excessive, it may be reduced by the Chief Officer, and where the maximum rate is considered to be inadequate in meet the actual expenses of any officer, the Commissioner, on reasonable cause being shown, may authorize an increased rate. Where, by direction of the Chief Officer, more than one horse must be kept, half the prescribed allowance may be granted for each additional horse.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C. 1562.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911, enacted in 1913, was introduced to address the specific issue of providing allowances for officers who were required to furnish horses and equipment for the performance of their duties. This was done to ensure that public service officers were adequately compensated for the expenses incurred in fulfilling their roles. The regulation was enacted by the Governor-General in Council, reflecting the urgency and importance of the matter. The policy objective underpinning this regulation was to provide a flexible and fair allowance system that could be adjusted based on the actual expenses of the officers, ensuring that both the minimum and maximum rates could be modified as necessary to meet the changing needs and circumstances of the public service officers.
The regulation allows the Chief Officer to set allowances ranging from £24 to £42 per annum for officers who must provide their own horses and equipment. It also provides for the reduction of the minimum rate if deemed excessive and allows for an increase in the maximum rate if the Commissioner determines it to be inadequate based on reasonable cause. Additionally, the regulation specifies that if an officer is required to keep more than one horse, half of the prescribed allowance may be granted for each additional horse. This approach ensures that the allowance system is both practical and responsive to the needs of the officers.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911 applies to officers within the Commonwealth Public Service who are required to provide horses and equipment for the performance of their duties. This includes public service officers who are tasked with roles necessitating the use of horses, such as those in rural or remote areas where horse-based transportation is necessary. The regulation sets allowances ranging from £24 to £42 per annum for these officers, providing financial support for the maintenance of horses and equipment. The Chief Officer has the authority to adjust these allowances, reducing the minimum rate if deemed excessive or increasing the maximum rate if it does not cover the actual expenses of any officer, subject to reasonable cause being shown. The regulation also provides for a proportional reduction in allowance when more than one horse must be kept, allowing half the prescribed allowance for each additional horse. The scope of this regulation is limited to the Commonwealth and applies to all officers within the Commonwealth Public Service who are required to use horses for their duties. The regulation operates nationally, as it is issued under the Commonwealth Public Service Act 1902-1911.
Key Provisions
The primary operative sections of this legislation are encapsulated within Regulation 164, which establishes allowances for officers required to provide horse and equipment for their duties (Regulation 164). This regulation allows for an annual allowance ranging from £24 to £42 for officers to cover the costs of providing a horse and necessary equipment. The Chief Officer has the discretion to adjust these allowances. If the minimum allowance is deemed excessive, the Chief Officer can reduce it. Conversely, if the maximum allowance is insufficient to cover the actual expenses of any officer, the Commissioner can authorise a higher rate upon reasonable cause being shown. Furthermore, if the Chief Officer directs that an officer must keep more than one horse, half of the prescribed allowance can be granted for each additional horse.
This legislation imposes several obligations on the parties it governs. Firstly, officers who are required to provide a horse and equipment for their duties must adhere to the allowances set forth in Regulation 164. The Chief Officer has the responsibility to ensure that these allowances are appropriate and can make adjustments as necessary. Additionally, the Commissioner must review and authorise any increases in the allowance when presented with reasonable cause. The Chief Officer also has the duty to direct the appropriate number of horses that an officer must maintain, with corresponding adjustments to the allowance.
The legislation outlines specific consequences for non-compliance. Although it does not explicitly state penalties for breach, it does provide a framework within which the allowances can be adjusted. If an officer's expenses are not adequately covered by the prescribed allowance, the Commissioner can authorise an increase. This implies that failure to adequately cover an officer’s expenses could lead to an investigation and potential adjustments to the allowance. However, the exact penalties for non-compliance are not specified within this regulation. Any breaches of the allowances or the failure to adhere to the directions of the Chief Officer or the Commissioner could result in administrative consequences, although these are not detailed within the text.