Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1913, No. 63, constitute a Provisional Regulation under the Commonwealth Public Service Act 1902-1911, enacted to address specific operational requirements within the public service regarding the use of typewriters by telegraphists. This regulation was introduced to ensure that telegraphists who were required to use typewriters and provide their own machines and accessories received a reasonable allowance for their efforts and expenses. The regulation was promulgated by the Governor-General in Council, with the urgency of its implementation underscored by its immediate operation as a Provisional Regulation. The underlying policy objective was to standardise the use of typewriters in the public service and to provide appropriate compensation to telegraphists who met specific performance and equipment criteria. The regulation repealed an earlier regulation and introduced new conditions under which telegraphists could receive an allowance of ten shillings per month. These conditions include the telegraphist's capability to receive and type telegraph messages at a minimum rate of thirty words per minute, the approval of the typewriter pattern by the Chief Officer, the satisfactory performance and regular use of the typewriter, and the cessation of the allowance if the typewriter is not used or if the telegraphist is transferred to a position where a typewriter is not required. The regulation was issued by the Governor-General, reflecting the legislative authority and urgency mandated by the Federal Executive Council.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1911, specifically Regulation 166, applies to telegraphists within the Commonwealth public service who are required by the Chief Officer to use a typewriter and provide the machine and accessories. The allowance of ten shillings per month is contingent on the telegraphist meeting certain criteria, including the ability to receive telegraph messages by sound and type them accurately at a specified rate, and the typewriter being of an approved pattern and in regular use. The regulation applies across the Commonwealth of Australia, affecting public service employees who are telegraphists. However, the allowance ceases if the telegraphist is transferred to a position where a typewriter is not required or if the typewriter is not in use. The regulation is enacted as a provisional measure due to urgency and supersedes Regulation 166 previously in force. The regulation’s application can also be extended or modified through subordinate instruments issued under the authority of the Commonwealth Public Service Act.

Key Provisions

The key provision of this regulation (Regulation 166) is the allowance paid to a telegraphist who is required to use a typewriter for their work, and who provides the machine and accessories themselves (section 1). This allowance is set at ten shillings per month. However, there are certain conditions that must be met in order for the telegraphist to be eligible for this allowance. Firstly, the telegraphist must be able to receive telegraph messages by sound and type them out accurately at a minimum rate of thirty words per minute for ten consecutive minutes (section 1(a)). Secondly, the typewriter used must be of a pattern approved by the Chief Officer and must provide satisfactory service (section 1(b)). Thirdly, the telegraphist must use the typewriter regularly when receiving messages. The allowance will cease for any period during which the typewriter is not in use and will also cease if the telegraphist is transferred to another position where the Chief Officer deems the typewriter unnecessary (section 1(c)). The regulation imposes several obligations and requirements on both the telegraphist and the Chief Officer. The telegraphist is required to ensure that they are capable of receiving and typing telegraph messages at the specified rate, that they use an approved typewriter and maintain it in satisfactory working condition, and that they use the typewriter regularly when required. The Chief Officer, on the other hand, is responsible for approving the pattern of the typewriter, for assessing the telegraphist's capability and the typewriter's service, and for determining whether a typewriter is necessary for a telegraphist's new position. Both parties must adhere to the conditions set out in the regulation in order for the allowance to be paid. Breaching the conditions set out in the regulation may result in the cessation of the allowance payment. There are no explicit offences, penalties, or consequences mentioned in the regulation itself. However, if the telegraphist fails to meet the requirements for receiving and typing messages, or if the typewriter does not meet the specifications or fails to perform satisfactorily, the allowance may be stopped. Similarly, if the telegraphist is transferred to a position where a typewriter is not required, the allowance will cease. These outcomes are the primary consequences of failing to comply with the regulation's conditions.