Commonwealth Public Service Regulations (Amendment) (Provisional)

Legislation au C1912L00167 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1912. No. 167.

 

PROVISIONAL REGULATIONS 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 Regulations under the Commonwealth  Public Service Act 1902, should come into immediate operation, and make the Regulations to come into operation forthwith as “Provisional Regulations.”

Dated this 17th day of August, One thousand nine hundred and twelve.

DENMAN,

Governor-General

By His Excellency’s Command,

ANDREW FISHER.

 

Provisional Regulations 60, 61, 62,and 63 made under the provisions of the Commonwealth Public Service Act 1902 are repealed, and new Regulations in the following terms are made in lieu thereof:—

Duty After Usual Hours.

60. Officers will be required to perform public duty after the usual hours whenever it is necessary to bring up arrears of work or to meet any temporary pressure of business. Where found essential, the staff dealing with such work, or at the discretion of the officer in charge, the whole staff may be retained beyond the ordinary official hours. Every officer shall, when required by the officer in charge, remain after the usual hours to complete work considered necessary to be done on the same day.

Overtime.

61. (1) Only work which from its character, or from special circumstances, cannot be performed during the regular hours of duty, shall be regarded as overtime work for which extra payment may be made. Officers not working under close supervision, or whose hours of duty cannot be definitely determined, such as Inspectors, Postmasters, Detectives, Patrol Officers, Caretakers (in residence), Boatmen, Messengers, and Watchmen, shall not be entitled to claim overtime, nor shall any officer in receipt of salary exceeding £400 per annum be so entitled.

 

 

 

C 10083.—Price 3d.


(2.) Where attendance beyond the usual hours is considered necessary, the officer in charge shall immediately report, in writing, the circumstances to the Chief Officer, or such other officer as may be approved by the Commissioner, who, if satisfied as to the necessity therefore, may sanction the working of overtime. Such report shall specify the officer or officers to be employed, and the probable duration of the overtime. In emergent cases the officer in charge may directly authorize the working of overtime to the extent of not more than twenty hours in any financial year, but in such cases a report shall immediately be made to the Chief Officer. A return of all overtime worked during each calendar month shall be furnished to the Chief Officer by the officer in charge, at the close of the month, together with claims of officers for payment at the prescribed rate, and such returns and claims shall be submitted forthwith for determination by the Permanent Head. No claim for overtime shall be recognized unless the officer has been directed specifically by name, in writing, by the officer in charge, to attend before or after the usual hours of duty, and such written direction accompanies the monthly claim. Payment of overtime shall only be made on the recommendation of the Chief Officer, or such other officer as may be approved by the Commissioner, and the approval of the Permanent Head.

(3.) Subject to this Regulation, time worked in any week in excess of the hours shown below shall be recorded as overtime and paid for accordingly:—

(a) Officers wholly or in greater part employed on indoor duties —44 hours per week, excluding meal hours.

(b) Officers wholly or in greater part employed on outdoor duties—48 hours per week, excluding meal hours.

(c) Officers employed on night duty between the hours of 10 p.m. and 8 a.m., whether on indoor or outdoor work, except those employed on continuous shifts—40 hours per week, excluding meal hours.

Provided that in cases where an officer who has ceased work for the day is recalled to duty to meet an unexpected emergency, or where an officer is required to perform outside his usual hours work for a Department other than that to which he is attached, such work not being compensated for by allowance or otherwise, the Commissioner may approve of the time worked in excess of the ordinary daily duty being regarded and recorded as overtime.

Provided further that when a half-holiday, holiday, or holidays occur in any week, and the attendance of the officer on such half-holiday, holiday, or holidays is not required, a deduction at the rate of four hours for a half-holiday and eight hours for each holiday shall be made from the number of hours to be worked before overtime can be claimed. A similar deduction shall be made in the case of absences on authorized leave.

(4.) For the purpose of this Regulation, duty performed by such classes of officers as Mechanics, Artisans, Labourers, Messengers, or other officers of a like kind, shall not be regarded as indoor duties unless specially determined by the Commissioner.


Rate of Payment.

62. Overtime shall be paid for at the rate of time and a quarter based on a day of eight hours provided that not less than One shilling per hour shall be paid. For the purpose of ascertaining the hourly payment for overtime, the yearly salary shall be divided 313, and the result multiplied by 5·32. Overtime shall be calculated to the nearest quarter of an hour.

Meal Allowance.

63. In any case where an officer is directed to commence duty at least two hours before the ordinary time, or remain on duty at least two hours after the ordinary time, and such additional working necessitates such officer obtaining a meal away from home, he shall be granted a meal allowance on the following scale—Officers receiving £500 a year and over, 2s. 6d.; over £250 and under, £500 a year, 2s; £200 a year and under, 1s. 6d.

A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay the meal allowance may be granted instead of overtime pay.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.

Overview

The Provisional Regulations under the Commonwealth Public Service Act 1902, issued as Statutory Rules 1912, No. 167, were enacted in response to an urgent need to regulate work hours and overtime for Commonwealth public servants. These regulations were issued on 17 August 1912 by the Governor-General, acting with the advice of the Federal Executive Council, to address issues concerning the management of work hours and the payment for overtime. The policy objective of these regulations is to ensure that public servants perform necessary work beyond regular hours when required, while also providing a structured approach to compensating overtime to maintain fairness and efficiency in public service operations. The regulations cover the requirements for duty after usual hours, the definition and conditions for overtime, the rates of payment for overtime, and the provisions for meal allowances when public servants are required to work beyond regular meal times.

Scope and Application

The Provisional Regulations under the Commonwealth Public Service Act 1902 establish specific guidelines for officers regarding duty after usual hours and overtime work, which are applicable to public servants employed by the Commonwealth. These regulations define the circumstances under which officers may be required to work beyond regular hours, such as to address work backlogs or temporary surges in workload, and stipulate that officers must remain beyond usual hours if directed by their officer in charge. Furthermore, the regulations outline the conditions under which overtime is eligible for extra compensation, such as when work cannot be performed during regular hours due to its nature or special circumstances. Notably, certain categories of officers, like Inspectors, Postmasters, Detectives, and others not under close supervision, as well as those earning over £400 per annum, are excluded from overtime compensation. The regulations also detail the maximum allowable weekly hours for different types of duties and provide a structured process for approving and claiming overtime, including mandatory written directives and reports to higher authorities. Additionally, these provisions apply to officers who work shifts involving night duty or continuous shifts, and they include provisions for meal allowances under specific conditions. These Provisional Regulations apply to officers within the Commonwealth public service, encompassing a wide range of roles and responsibilities across various departments and agencies. The regulations operate on a national level, given their basis under the Commonwealth Public Service Act 1902. They are designed to ensure that public service work is managed efficiently while providing fair compensation for additional hours worked. The scope of the regulations is further clarified by the exclusion of certain officers from overtime eligibility and by the specified thresholds for overtime compensation and meal allowances. The regulations can be extended or modified through subordinate instruments, as permitted by the overarching Act, ensuring flexibility in response to changing public service needs.

Key Provisions

The Provisional Regulations under the Commonwealth Public Service Act 1902, specifically Regulations 60, 61, 62, and 63, establish the conditions under which officers must perform duty after usual hours (Regulation 60), the circumstances under which overtime is permissible and how it is to be paid (Regulation 61), the rates of payment for overtime (Regulation 62), and the meal allowances for officers who must work outside their usual hours (Regulation 63). Regulation 60 mandates that officers must perform duty after usual hours to bring up arrears of work or to meet temporary pressures of business. Regulation 61 outlines the criteria for overtime, specifying that only work that cannot be performed during regular hours qualifies as overtime, and it lists categories of officers who are ineligible for overtime pay, such as those not working under close supervision or earning more than £400 per annum. Regulation 62 sets the rate of overtime pay at time and a quarter based on an eight-hour day, with a minimum of one shilling per hour. Regulation 63 provides meal allowances for officers who must work before or after their usual hours, with the allowance varying based on the officer's salary. The Act imposes obligations on officers to perform duty as required, including after usual hours when necessary. It requires officers to report to the Chief Officer or an approved officer when overtime is necessary and mandates that the officer in charge must provide written authorization for overtime work. Officers must also ensure that any claims for overtime are accompanied by the written direction from the officer in charge and submit monthly reports of overtime worked. The Act further obligates the Chief Officer or an approved officer to sanction the working of overtime and to recommend payment of overtime, subject to the approval of the Permanent Head. Additionally, officers must ensure that their claims for overtime are supported by the necessary documentation, including written directions from their superiors. Breaches of these regulations may lead to civil or criminal consequences. For example, failure to comply with the requirements for overtime work and payment, such as not providing written authorization or submitting accurate reports, could result in non-payment of overtime. Additionally, officers who falsely claim overtime without the required written direction could face disciplinary action or other penalties as prescribed by the regulations. The specific penalties for such breaches are not detailed in the provided text, but they could include fines, suspension, or other administrative sanctions as determined by the relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.