STATUTORY RULES.
1913. No. 11.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.
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 1902-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a “Provisional Regulation.”
Dated this 16th day of January, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By Hit Excellency’s Command,
JOSIAH THOMAS,
For the Prime Minister.
166a. Officers appointed or transferred away from their homes may be paid an allowance in addition to salary of such sum at may be approved by the Commissioner, provided that no allowance shall be paid under the Regulation of a sum which, added to salary, would raise an officer's total remuneration above £78 per annum, nor shall any allowance be paid in any case where, in the opinion of the Commissioner, the circumstances do not warrant such payment.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.234—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911, enacted in 1913, was introduced to address the urgent need for temporary provisions concerning the remuneration of officers within the Commonwealth Public Service. This legislative instrument was made under the authority of the Governor-General in Council, reflecting the Federal Executive Council's advice and the Prime Minister's consent. The primary objective of this regulation was to facilitate the provision of allowances to officers who were either appointed or transferred away from their homes, subject to the Commissioner's approval and specific financial constraints to ensure that no officer's total remuneration would exceed £78 per annum. This regulation thus aimed to provide necessary interim measures to support the functioning of the public service while awaiting the enactment of more comprehensive legislation.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911 applies to officers within the Commonwealth Public Service who are appointed to or transferred away from their homes. These officers are eligible for an allowance in addition to their salary, subject to the approval of the Commissioner. The regulation stipulates that this allowance cannot exceed a sum that, when added to the officer's salary, would result in total remuneration over £78 per annum. Additionally, the Commissioner has discretionary power to withhold the allowance if they determine that the circumstances do not justify the payment. The regulation operates on a provisional basis and is intended to address urgent matters, coming into effect immediately upon certification by the Governor-General in accordance with the advice of the Federal Executive Council. The regulation applies across the Commonwealth of Australia, reflecting the national scope of the Commonwealth Public Service.
Key Provisions
Section 166a of this Provisional Regulation under the Commonwealth Public Service Act 1902-1911 outlines the conditions under which officers who are appointed or transferred away from their homes may receive an additional allowance on top of their salary. This allowance is subject to approval by the Commissioner and must not result in the officer's total remuneration exceeding £78 per annum. Additionally, the Commissioner may withhold the allowance if they believe the circumstances do not justify it. This provision is intended to assist officers who face additional costs due to relocation.
Under this regulation, the Commissioner has a significant role in determining the eligibility and amount of the allowance. The Commissioner must assess whether the circumstances of each case warrant the payment of an allowance and ensure that the total remuneration does not surpass the specified limit. This requires the Commissioner to consider various factors, such as the officer's living expenses and the distance of the transfer, to make a fair and justifiable decision. The Commissioner’s role is critical in maintaining the integrity and fairness of the allowance system.
Parties governed by this Act, primarily officers of the Commonwealth Public Service, must comply with the conditions set out in section 166a. Officers must provide any necessary information or documentation that the Commissioner may require to evaluate their eligibility for the allowance. They must also adhere to the financial limits imposed by the regulation, ensuring that their total remuneration does not exceed £78 per annum, inclusive of the allowance if applicable. Failure to comply with these requirements could result in the disallowance of the allowance and potential repercussions under the Act.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the text for breaches of this regulation. However, the Commissioner’s decisions are subject to review and appeal processes under the broader framework of the Commonwealth Public Service Act 1902-1911. Officers who believe their application for an allowance has been unfairly denied may seek redress through the appropriate channels, potentially leading to a review of the Commissioner's decision. The lack of specified penalties in this particular regulation suggests a reliance on administrative and judicial review mechanisms to enforce compliance and address grievances.