Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902-1911, numbered 66 and enacted in 1913, addresses the need for additional compensation for officers in the public service who are required to work on Sundays. This regulation was introduced to ensure that officers who are compelled to work on their designated rest day are fairly compensated for their additional hours, thereby addressing the gap in remuneration for Sunday work. The regulation was made effective by the Governor-General in Council, recognising the urgency of the matter. The overarching policy objective is to provide equitable compensation to public service officers for their Sunday duties while also accommodating those with conscientious objections to working on Sundays. The regulation specifies that officers working on Sundays are entitled to additional pay based on the number of consecutive days they are on duty. It also outlines conditions for intermittent or brief Sunday work and allows officers with religious objections to seek permission to provide a substitute. Notably, the regulation excludes officers stationed at lighthouses from its provisions. This legislative instrument was issued to immediately address the pressing need for fair compensation in the public service without waiting for the usual legislative processes.

Scope and Application

This statutory rule applies to officers within the Commonwealth Public Service whose ordinary duties require them to work on weekdays but may also be required to work on Sundays. The regulation outlines the conditions under which additional pay may be authorised for Sunday work, distinguishing between officers who are on duty for seven or more consecutive days and those who are on duty for six or fewer consecutive days. However, officers residing on the premises where their duties are performed and whose attendance on Sundays is intermittent or for brief periods are not entitled to additional pay unless specifically approved by the Commissioner, with a minimum payment of 2 shillings in such cases. The regulation also allows officers with conscientious scruples against Sunday duty to apply for permission to provide a substitute. Notably, the regulation does not apply to officers stationed at lighthouses. This provisional regulation is enacted under the authority of the Governor-General, with the advice of the Federal Executive Council, and comes into immediate effect as a matter of urgency.

Key Provisions

The key provisions of this provisional regulation (Reg. 66) under the Commonwealth Public Service Act 1902-1911 establish the terms under which additional pay may be authorised for officers who are required to work on Sundays. According to sub-section (1), the Permanent Head or Chief Officer may authorise the payment of additional pay to an officer who is required to work on a Sunday if their ordinary duties necessitate weekday work. Sub-section (2) specifies that if an officer works on seven or more consecutive days as a result of Sunday duty, they are entitled to one and a half days' pay for a full day, and a proportionate amount for a partial day. Conversely, sub-section (3) states that officers working on not more than six consecutive days due to Sunday duty are entitled to half a day's additional pay for a full day, and a proportionate amount for a partial day. However, sub-section (4) stipulates that officers residing on the premises where their duties are performed, and who work intermittently or for brief periods on Sundays, are not entitled to claim additional pay unless approved by the Commissioner, with a minimum payment of 2 shillings. The regulation imposes obligations on both the officers and the public service departments. Officers are required to perform their duties on Sundays when called upon, unless they possess conscientious scruples against such duty and have applied for and been granted permission to provide a substitute. Furthermore, departments must ensure that officers are compensated appropriately for their Sunday work, in accordance with the provisions outlined in the regulation. The public service departments are also required to ensure that any officer who resides on the premises where their duties are performed and works intermittently or for brief periods on Sundays does not claim additional pay unless specifically approved by the Commissioner. Breaches of this regulation may lead to civil or criminal consequences, although the regulation does not explicitly outline these consequences. The regulation does, however, specify that it does not apply to officers stationed at lighthouses. The absence of specific penalties in the regulation suggests that any breaches would be subject to the general provisions of the Commonwealth Public Service Act 1902-1911 or other applicable legislation, which could include administrative action, fines, or other sanctions as determined by the relevant authorities.