Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Provisional Regulations under the Commonwealth Public Service Act 1902-1911 were enacted in 1913 by the Governor-General in Council, acting on the advice of the Federal Executive Council, due to the urgency of the matter. This legislative instrument aimed to address the need for immediate regulation within the public service framework by establishing provisional rules and classifications for officers within the Professional Division. The policy objective behind these regulations was to provide a structured and organised approach to the classification and remuneration of public service officers, ensuring a fair and systematic method for determining salaries based on class and subdivision, while also setting minimum and maximum salary limits. These provisional regulations were designed to supersede previous regulations and establish new classifications and salary rates, effective immediately. The regulations detailed the division of the Professional Division into six classes, with specific salary rates assigned to each class and subdivision, reflecting a structured approach to public service remuneration. Furthermore, the regulations outlined conditions for salary increases, eligibility criteria for new appointments, and specific provisions for officers appointed under different sections of the Act, ensuring a comprehensive and immediate framework for public service administration.

Scope and Application

The Provisional Regulations under the Commonwealth Public Service Act 1902-1911 pertain to the professional division within the public service, detailing the classification of officers and their respective salaries. These regulations apply to officers within the Commonwealth public service, governing their classification into various classes and subdivisions based on their roles and performance. The regulations set out specific salary ranges for each class and subdivision, providing a structured framework for remuneration within the service. The regulations also establish criteria for salary increments and adjustments, ensuring a systematic approach to compensation based on tenure, performance, and other factors. Notably, the regulations exclude certain officers appointed under specific provisions of the Act, and they outline transitional provisions to manage the classification of existing officers. Geographically, these regulations apply across the Commonwealth of Australia, reflecting the national scope of the public service. They are designed to ensure uniformity and fairness in the classification and remuneration of public service officers, regardless of their location within the country. The regulations do not specify exclusions or exemptions, applying broadly to all officers within the professional division unless otherwise stated. Additionally, the regulations may be extended or modified through subordinate instruments, allowing for adjustments in response to changing needs and circumstances within the public service.

Key Provisions

The Provisional Regulations under the Commonwealth Public Service Act 1902-1911 (C1913L00034) introduce several key provisions concerning the classification and remuneration of officers within the Professional Division. Regulation 113 divides the Professional Division into six classes, with Class A officers' salaries being recommended by the Commissioner and appropriated by Parliament, with a minimum of £648 and a maximum of £1,250 per annum (Regulation 113). Regulations 114 and 115 detail the subdivisions within each class and their corresponding annual salaries, with Class F officers starting at £72 per annum, but with a provision for officers over twenty-one years old to earn £126 per annum (Regulations 114 and 115). Regulation 116 provides that officers in Class F who have served for twelve months are eligible for an annual salary increase, subject to approval by the Commissioner based on a report from the Chief Officer regarding the officer's conduct, diligence, and efficiency (Regulation 116). The Provisional Regulations impose several obligations on the parties involved. Firstly, the Commissioner is tasked with recommending salaries for Class A officers, which must then be appropriated by Parliament (Regulation 113). The Commissioner also has the authority to approve salary increases for Class F officers based on reports from the Chief Officer (Regulation 116). Additionally, the Chief Officer must provide reports on the conduct, diligence, and efficiency of Class F officers to the Commissioner for consideration of salary increases (Regulation 116). Furthermore, the classification of officers prior to the issuance of these Regulations does not entitle them to any salary other than what they were receiving at the date of this Regulation, until approved by the Commissioner (Regulation 116a). Violations of these Provisional Regulations may result in various consequences. While the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for breaches, breaches of the broader Commonwealth Public Service Act 1902-1911 could potentially lead to disciplinary actions, including dismissal from service, as per the provisions of that Act. Additionally, misappropriating public funds or engaging in corrupt practices could lead to criminal charges and penalties as prescribed by other relevant legislation. It is important to note that the exact penalties would depend on the nature and severity of the breach, as well as the applicable laws at the time.