STATUTORY RULES.
1910. No. 105.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1909.
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 1902-1909 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 27th day of October, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation 105, made under the provisions of the Commonwealth Public Service Act 1902, is repealed, and a new Regulation in the following terms is made in lieu thereof:—
105. The Clerical Division shall include all Officers whose offices the Governor-General, on the recommendation of the Commissioner, directs to be included in such Division, and shall be divided into five Classes. Each of such Classes shall be subdivided as set forth in the following Schedule, and the rate of salary of an Officer in a subdivision of any such Class shall be that assigned to such subdivision in such Schedule:—
| Annual Salary of Subdivision of Class. |
Class. | First Subdivision. | Second Subdivision. | Third Subdivision. | Fourth Subdivision. | Fifth Subdivision. | Sixth Subdivision. |
| £ | £ | £ | £ | £ | £ |
First...... | 520 | 540 | 560 | 580 | 600 | .. |
Second.... | 420 | 440 | 460 | 480 | 500 | .. |
Third...... | 310 | 335 | 360 | 380 | 400 | .. |
Fourth..... | 185 | 210 | 235 | 260 | 285 | .. |
Fifth...... | 40 | 80 | 100 | 120 | 140 | 160 |
| 50 | .. | .. | .. | .. | 170 |
| 60 | .. | .. | .. | .. | 180 |
A new Regulation, 108a, in the following terms is hereby made:—
108a. Where an Officer of the Clerical Division has for a period of three years been in receipt of a salary of One hundred and sixty pounds per annum, he may, on the certificate of the Commissioner, be granted by way of long service increment an increase of salary at the rate of Ten pounds per annum, and, at the expiration of a period of two years from the granting of the increase he may, on the certificate of the Commissioner, be granted by way of long-service increment a further increase of salary at the rate of Ten pounds per annum. All long-service increments granted to Officers of the Clerical Division prior to the date of this Regulation shall be deemed to have been granted in pursuance thereof.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.16021 —Price 3d.
Overview
The Statutory Rules 1910, No. 105, establish Provisional Regulations under the Commonwealth Public Service Act 1902-1909. This legislative instrument, enacted by the Governor-General on the advice of the Federal Executive Council, was introduced due to the urgency in addressing certain administrative needs within the public service. The objective of these regulations is to provide a structured framework for the inclusion of officers in the Clerical Division, categorising them into specific classes and subdivisions, and to introduce a mechanism for long service increments in salary, thereby recognising and rewarding tenure and service within the public sector. These regulations are aimed at ensuring efficient management and fair compensation practices within the public service.
Scope and Application
The Provisional Regulations under the Commonwealth Public Service Act 1902-1909 apply to officers within the Clerical Division, who are designated by the Governor-General on the recommendation of the Commissioner. This Act sets forth the structure and salary increments for officers in the Clerical Division, which is divided into five classes and further subdivided into six levels, each with a specified annual salary. These regulations aim to provide a structured approach to the remuneration and career progression of officers within the Clerical Division, with specific provisions for long service increments for officers who have been in service for a certain period. The geographic reach of these regulations is nationwide, as they apply across the Commonwealth of Australia. The Act does not explicitly state exclusions or thresholds, but it is inferred that the application is limited to officers within the defined Clerical Division. The Act allows for the extension and restriction of its application through subordinate instruments, ensuring that the regulations can be adapted as necessary to meet the needs of the public service.
Key Provisions
The main operative sections of these Provisional Regulations under the Commonwealth Public Service Act 1902-1909 include Regulation 105, which replaces an existing regulation, and a new Regulation 108a. Regulation 105 specifies that the Clerical Division encompasses all officers whose positions are directed by the Governor-General, upon the recommendation of the Commissioner, to be included in the Division. This Division is then divided into five classes, each further subdivided into six subdivisions, with corresponding annual salaries for each subdivision. Regulation 108a introduces the concept of long-service increments for officers in the Clerical Division who have been in receipt of a salary of £160 per annum for three years. These officers may be granted a salary increase of £10 per annum upon the certificate of the Commissioner. After two years from the granting of the first increment, a further £10 per annum increment may be granted under the same conditions.
The obligations and requirements imposed by these regulations primarily pertain to the classification and salary structures within the Clerical Division of the public service. The Governor-General, in consultation with the Commissioner, must determine which officers fall under the Clerical Division and assign them to appropriate classes and subdivisions based on the specified salary brackets. Additionally, officers who have met the criteria for long-service increments must have their salary increases certified by the Commissioner. All previously granted long-service increments are deemed to have been awarded in accordance with Regulation 108a.
Regarding the consequences of breach, the regulations themselves do not explicitly outline offences, penalties, or consequences for non-compliance. However, as statutory rules made under the authority of the Commonwealth Public Service Act 1902-1909, any failure to adhere to these regulations could potentially be subject to the broader legal framework and administrative actions provided for under the Act. This might include disciplinary actions against officers or administrative penalties imposed by the relevant authorities. The specific penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations at the time.