STATUTORY RULES.
1908. No. 67.
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 May, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
Regulation 168 of the Regulations under the Commonwealth Public Service Act 1902 is repealed, and the following new Regulation substituted therefor:—
168. The following shall be the scale of allowances which may be paid to officers living in localities where the climatic conditions are severe, or where the cost of living is exceptionally high:—
Scale. | Ratio of Allowance to Salary. | Minimum. | Maximum. |
On first £100 or portion thereof. | On second £100 or portion thereof. | On portion of Salary above £200. |
| per cent. | per cent. | per cent. | £ | £ |
I. | 10 | 5 | 2½ | 5 | 20 |
II. | 15 | 7½ | 5 | 10 | 30 |
III. | 20 | 10 | 5 | 15 | 35 |
IV. | 25 | 12½ | 5 | 20 | 45 |
V. | 30 | 15 | 5 | 25 | 50 |
VI. | 40 | 20 | 5 | 30 | ... |
VII. | 50 | 25 | 5 | 40 | ... |
Officers in the State of Western Australia who do not receive a District Allowance under the foregoing scale may be paid a Special Allowance equal to 5 per cent. of their salary.
C.6728.—Price 3d.
Provided that in cases where, in computing on the above scale the annual amount of District Allowance, the result involves fractional parts of a pound up to and including ten shillings, the nearest lesser amount in pounds shall be that allowed, where the fractional part exceeds ten shillings, the nearest greater amount in pounds shall be allowed.
In localities where these allowances do not, in the opinion of the Permanent Head, fairly compensate the officer for extremely severe and costly conditions of living, the rates in the foregoing scale may be increased by the Commissioner, with the approval of the Governor-General.
District Allowances are not payable to officers while temporarily relieving in a District Allowance locality; but the Commissioner may, under special circumstances, increase the prescribed travelling allowance payable to an officer while relieving in such a locality.
By Authority: J. Kemp, Government Printer, Melbourne.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1908, was introduced to address the need for appropriate allowances for Commonwealth public service officers living in areas with severe climatic conditions or exceptionally high living costs. This regulation, issued by the Governor-General and the Federal Executive Council, aimed to provide a standardised scale of allowances to ensure that officers were adequately compensated for such living conditions. The policy objective was to maintain the efficiency and morale of the public service by ensuring fair compensation for officers posted in challenging environments.
The regulation provided a scale of allowances based on the severity of the conditions, ranging from 5% to 50% of the officer's salary, with the Commissioner having the authority to increase these rates under specific circumstances. Additionally, officers in Western Australia could receive a special allowance if they were not covered under the scale. This regulation was designed to offer a structured approach to compensating officers, ensuring that they could live comfortably despite the challenges posed by their work locations.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902, as evidenced in Statutory Rules 1908 No. 67, applies to officers within the Commonwealth public service who reside in areas characterised by severe climatic conditions or exceptionally high costs of living. The regulation specifically addresses the scale of allowances that may be granted to these officers to mitigate the financial burden associated with such living conditions. The scale of allowances is detailed, with various tiers based on the officer's salary and the severity of the locality's conditions, ranging from 5% to 50% of their salary. Furthermore, officers in the State of Western Australia, who do not receive a District Allowance under the scale, may be eligible for a Special Allowance of 5% of their salary. The regulation also includes provisions for adjusting the allowance scale in cases where the current rates are deemed insufficient by the Commissioner, subject to the approval of the Governor-General. Notably, these allowances are not applicable when officers are temporarily relieving in a District Allowance locality, although the Commissioner may increase the travelling allowance under special circumstances. The regulation extends its applicability across the Commonwealth, encompassing various regions and conditions as specified.
Key Provisions
The primary operative sections of the Provisional Regulation under the Commonwealth Public Service Act 1902 (C1908L00067) establish a scale of allowances that may be paid to officers living in areas with severe climatic conditions or exceptionally high costs of living (Reg. 168). The scale is divided into six categories (I to VI), each with specific ratios of allowance to salary (Reg. 168). Additionally, officers in Western Australia who do not receive a District Allowance under this scale may be eligible for a Special Allowance equal to 5% of their salary (Reg. 168). The Regulation also outlines the procedure for adjusting these allowances if they are deemed insufficient by the Permanent Head, subject to the approval of the Commissioner and the Governor-General (Reg. 168). Furthermore, it specifies that allowances are not payable to officers temporarily relieving in a District Allowance locality, but the Commissioner may increase the prescribed travelling allowance under special circumstances (Reg. 168).
The Act imposes certain obligations on the parties involved. Firstly, the Commissioner is tasked with determining whether the scale of allowances is adequate to compensate officers living in severe or costly conditions (Reg. 168). If the Commissioner deems the allowances insufficient, they may increase the rates with the approval of the Governor-General (Reg. 168). Additionally, the Commissioner has the authority to adjust the travelling allowance for officers temporarily relieving in a District Allowance locality under special circumstances (Reg. 168). Furthermore, the Regulation requires that fractional parts of a pound in the computation of annual District Allowance be rounded to the nearest lesser amount if they are up to and including ten shillings, and to the nearest greater amount if they exceed ten shillings (Reg. 168).
The Regulation does not explicitly state any offences, penalties, or consequences for breach. However, the process for adjusting allowances and the discretion given to the Commissioner suggest that any improper or unauthorised changes could be subject to review or correction by the appropriate authorities. The Regulation emphasises the need for the Commissioner's approval for any increases in allowances, indicating that any deviation from this process without proper authorisation could lead to administrative scrutiny or corrective action. While specific penalties are not mentioned, the importance of adhering to the outlined procedures underscores the potential for consequences if the Regulation's provisions are not followed correctly.