Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1905, No. 42, is a Provisional Regulation enacted under the Commonwealth Public Service Act 1902. This legislative instrument was introduced to address the urgent need to establish specific allowances for certain officers within the Commonwealth public service. The regulation was made effective immediately by the Governor-General in Council, signifying the urgency of implementing these changes. The regulation specifically amends the existing Public Service Regulation 155, which was published in the Gazette on 19 December 1903, to set new scales for allowances for various officers in the Postmaster-General's Department, including relieving postmasters, letter carriers, and railway mail guards, among others. The policy objective of these amendments is to ensure that public service officers receive appropriate compensation for their duties, thereby maintaining fair and effective public service operations.

Scope and Application

This Provisional Regulation, issued under the Commonwealth Public Service Act 1902, amends the allowances for certain officers within the Postmaster-General's Department. The regulation applies to specific categories of officers including relieving postmasters, postmistresses, letter carriers, railway mail guards, and relieving railway sorters. The allowances are set at different rates depending on the duration and nature of the duty, whether the officer is working at a country office, relieving in suburbs away from home, or travelling on duty. The Governor-General, in consultation with the Federal Executive Council, has certified the urgency of this regulation to ensure its immediate operation. Notably, the Permanent Head, with the Commissioner’s approval, retains the discretion to reduce these allowances if circumstances warrant it, thereby allowing for flexibility in certain cases. The regulation has a specific jurisdictional reach, applying within the Commonwealth of Australia and affecting officers employed by the Postmaster-General’s Department. The allowances outlined are meant to compensate officers for their duties, with variations in rates intended to reflect the differences in the nature and location of their work. The regulation is effective across the Commonwealth and is designed to provide clear guidelines for the compensation of the specified officers. The regulation does not explicitly outline exclusions or exemptions, but it does provide a mechanism for the reduction of allowances under specific conditions.

Key Provisions

The main operative sections of this Provisional Regulation concern the scale of allowances for certain officers within the Postmaster-General’s Department. Specifically, Regulation 155 outlines the daily and weekly rates for Relieving Postmasters and Postmistresses, officers relieving in suburbs away from home, Letter Carriers relieving in suburbs, and Railway Mail Guards and Relieving Railway Sorters. These officers are entitled to specific allowances based on their duties and the duration of their shifts. The rates vary from 6 shillings daily for Relieving Postmasters and Postmistresses at country offices, to 1 shilling daily for Letter Carriers relieving in suburbs, and incrementally increasing rates for Railway Mail Guards and Relieving Railway Sorters based on the hours worked while travelling on duty (Section 155). The Regulation imposes clear obligations on the Postmaster-General’s Department to adhere to the specified allowance scales. Officers within the department are entitled to these allowances provided they meet the criteria set forth in the Regulation. Furthermore, the Permanent Head, with the approval of the Commissioner, has the discretion to reduce these allowances if the circumstances justify such a reduction. This flexibility ensures that the allowances can be adjusted in exceptional situations, thereby maintaining fairness and efficiency in the department’s operations. Breach of the allowances specified in this Regulation may result in administrative or legal consequences, although the Regulation itself does not explicitly detail offences, penalties, or consequences for non-compliance. However, as these allowances are stipulated under the authority of the Commonwealth Public Service Act 1902, any significant deviation from the prescribed rates without proper authorisation could lead to disciplinary actions under the Act. The specific penalties for non-compliance are not outlined in this Regulation but would typically be addressed within the broader framework of the Public Service Act. In summary, Regulation 155 provides a detailed scale of allowances for certain officers in the Postmaster-General’s Department, sets clear obligations for the department to adhere to these scales, and allows for adjustments under certain conditions. While the Regulation does not specify penalties for non-compliance, adherence to the stipulated allowances is crucial to avoid potential repercussions under the overarching Public Service Act.