STATUTORY RULES.
1912. No. 80.
PROVISIONAL REGULATION 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 Regulation under the Commonwealth Public Service Act 1902 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this nineteenth day of April, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. A. ROBERTS,
For Minister of State for Home Affairs.
Regulation 168 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof, and shall be deemed to have taken effect as from the first day of April, 1913:—
168. The following shall be the scale of allowances which may be paid to officers living in localities where the climatic conditions are severe, or where the cost of living is exceptionally high:—
Scale. | Rate of Allowance to Salary. | Minimum. | Maximum. |
On First £100 or portion thereof. | On Second £100 or portion thereof. | On portion of salary above. £200. |
| per cent. | per cent. | per cent. | £ | £ |
I | 10 | 5 | 2½ | 5 | 20 |
II | 15 | 7½ | 5 | 10 | 30 |
III. | 20 | 10 | 5 | 15 | 35 |
IV. | 25 | 12½ | 5 | 20 | 45 |
V. | 30 | 15 | 5 | 25 | 50 |
VI. | 40 | 20 | 5 | 30 | … |
VII. | 50 | 25 | 5 | 40 | … |
Provided that a Married Officer whose family resides with him at his station may be paid the allowance of the scale next higher than that in which his station is classified. In cases of Married Officers stationed in localities in Scale VII., the allowance may be increased by an amount equal to one-fifth of the scale allowance. An Unmarried Officer may be paid
C.5559.—Price 3d.
the allowance prescribed for Married Officers if ho shows to the satisfaction of the Chief Officer that he is the main support of persons related to him, and that such persons reside with him at his station.
Officers in the State of Western Australia who do not receive a District Allowance under the foregoing scale may be paid a Special Allowance equal to 5 per cent. of their salary.
Where in computing on the above scale the annual amount of District Allowance the result involves fractional parts of a pound up to and including Ten shillings, the nearest lesser amount in pounds shall be that allowed; where the fractional part exceeds Ten shillings, the nearest greater amount in pounds shalt be allowed.
In localities where these allowances do not, in the opinion of the Permanent Head, fairly compensate the officer for extremely severe and costly conditions of living, the rates in the foregoing, scale may be increased by the Commissioner, with the approval of the Governor-General.
District allowances are not payable to officers while temporarily relieving in a District Allowance locality; but the Commissioner may, under special circumstances, increase the prescribed travelling allowance payable to an officer while relieving in such a locality.
2. The Provisional Regulation made the 28th February, 1912, Statutory Rules 1912, No. 56, is repealed.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1912, No. 80, issued under the Commonwealth Public Service Act 1902, was enacted in 1912 to address the need for adjustments in allowances for Commonwealth Public Service officers based on the living conditions and cost of living in their respective localities. This Provisional Regulation was introduced due to the urgency of the matter, with the Governor-General, acting on the advice of the Federal Executive Council, certifying its immediate implementation. The overarching aim of this regulation was to provide fair compensation to officers, particularly those stationed in areas with severe climatic conditions or high living costs, ensuring their allowances reflect the actual living expenses they face.
The Provisional Regulation replaced an earlier version and set forth a new scale of allowances for officers, distinguishing between married and unmarried officers, and also including provisions for special allowances for officers in Western Australia and for officers relieving in a district allowance locality. This regulation was intended to ensure that officers received adequate compensation for their living conditions, while also maintaining the efficiency and effectiveness of the public service.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to officers within the Commonwealth Public Service who are posted to locations with severe climatic conditions or high living costs. This regulation provides a framework for allowances that may be paid to officers based on the specific conditions of their posting, aiming to compensate them adequately for the challenges of their work environment. The allowances are structured according to a scale, which adjusts based on the severity of the conditions and the marital status of the officer, with additional provisions for unmarried officers who are the primary support for related dependents. The regulation also includes a special allowance for officers in Western Australia who do not qualify for the standard district allowance, and provisions for increasing allowances in areas where the standard rates are deemed insufficient. Furthermore, the regulation specifies that district allowances are not payable during temporary postings in eligible areas, though there is an exception for increased travelling allowances under special circumstances.
The regulation is applicable across the Commonwealth of Australia, encompassing all officers under the Commonwealth Public Service Act 1902, regardless of their specific location or the state in which they are stationed. However, it excludes officers who are temporarily relieving in a district allowance locality from receiving district allowances, though there is a provision for increased travel allowances in such cases. The regulation may be extended or modified through subordinate instruments, with the approval of the Governor-General for increases in allowances where deemed necessary by the Commissioner.
Key Provisions
The primary provisions of this Provisional Regulation (Regulation 168) under the Commonwealth Public Service Act 1902 concern the scale of allowances that may be paid to officers based on the severity of the climate or the cost of living in their locality. According to section 1, officers living in areas with severe climatic conditions or exceptionally high living costs are eligible for a District Allowance. This allowance is divided into seven scales (I to VII), with each scale corresponding to a different rate of allowance as a percentage of the officer's salary. For example, an officer in Scale I is entitled to a 5% allowance on the first £100 of their salary, while an officer in Scale VII is entitled to a 50% allowance on the first £100 of their salary. The Regulation also includes provisions for married officers, who may receive an allowance one scale higher than their locality’s classification if their family resides with them. In certain cases, unmarried officers may also receive the married officers' allowance if they are the main support of related persons living with them.
The obligations imposed on the parties governed by this Act include the calculation and payment of District Allowances based on the specified scale. The Chief Officer is responsible for ensuring that married officers receive the appropriate allowance if their family resides with them, and for verifying that unmarried officers who claim to be the main support of related persons indeed meet the criteria. The Commissioner has the authority to increase the allowance rates in exceptional circumstances where the existing scales are deemed insufficient. Additionally, the Regulation stipulates that District Allowances are not payable to officers temporarily relieving in a District Allowance locality, although the Commissioner can increase the travelling allowance under special circumstances.
Failure to comply with the provisions of this Provisional Regulation may result in various consequences. While the Regulation itself does not explicitly state offences, penalties, or maximum penalties, breaches of public service regulations generally entail administrative action, including disciplinary measures, fines, or other corrective actions. The specific penalties would be determined by the relevant authorities in accordance with the overarching legislation and administrative guidelines. It is important for officers and administrators to adhere to the prescribed scales and conditions to avoid any adverse outcomes.