High Commissioner (Staff) Regulations (Amendment)

Legislation au C1970L00216 Regulations Not in force Legislative Instrument

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Statutory Rules 1970, No. 216(d)

Overtime.

1. Regulation 28 of the High Commissioner (Staff) Regulations is amended—

(a) by adding at the end of sub-paragraph (ii) of paragraph (a) of sub-regulation (1.) the word “or”;

(b) by omitting sub-paragraph (iv) of paragraph (a) of sub-regulation (1.);

(c) by adding at the end of paragraph (b) of sub-regulation (1.) the words “on any day from Monday to Friday (inclusive)”; and

(d) by omitting from sub-regulation (1.) all words after paragraph (b) and inserting in their stead the words “being duty performed in pursuance of a requirement under sub-regulation (1.) or (2.) of regulation 49 of these Regulations.”.

2. After regulation 29 of the High Commissioner (Staff) Regulations the following regulation is inserted:—

Saturday duty.

“29a.—(1.) Where an officer or employee occupying or performing the duties of an office or a temporary position of Porter, Senior Porter, Machine Operator, Grade 1 (Communications) or Machine Operator, Grade 2 (Communications) whose normal hours of duty per week include duty on a Saturday performs duty on a Saturday, he shall be paid—

(a) for duty so performed as part of his normal hours of duty per week—at one and one-half times his normal hourly rate of pay; and

(b) for duty so performed, in pursuance of a requirement under sub-regulation (1.) or (2.) of regulation 49 of these Regulations, in excess of his normal hours of duty per week—at twice his normal hourly rate of pay.

“(2.) Subject to the succeeding sub-regulations of this regulation, where an officer or employee whose normal hours of duty per week do not include duty on a Saturday performs duty on a Saturday, in pursuance of a requirement

 

(d) Made under the High Commissioner (United Kingdom) Act 1909-1966 on 24 December 1970; notified in the Commonwealth Gazette on 7 January 1971.


under sub-regulation (1.) or (2.) of regulation 49 of these Regulations, and is not granted time off duty for the duty so performed, he shall be paid—

(a) if he so performs duty for three hours or less—at one and one-half times his normal hourly rate of pay; or

(b) in any other case—

(i) for the first three hours of duty so performed—at one and one-half times his normal hourly rate of pay; and

(ii) for duty so performed in excess of those first three hours— at twice his normal hourly rate of pay.

“(3.) For the purposes of this regulation, a higher duties allowance paid to an officer shall be deemed to be part of his salary.

“(4.) Where the annual salary of an officer or employee is greater than the maximum annual salary for the office of Clerk 3, for the purposes of this regulation his normal hourly rate of pay shall be calculated on the assumption that his annual salary is equal to the maximum annual salary for the office of Clerk 3.

“(5.) Except with the approval of the High Commissioner, an officer or employee receiving an annual salary greater than the maximum annual salary for the office of Clerk 7 is not entitled to payment for duty performed on a Saturday.”.

Sunday duty.

3. Regulation 30 of the High Commissioner (Staff) Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Where an officer or employee occupying or performing the duties of an office or a temporary position of Porter, Senior Porter, Machine Operator, Grade 1 (Communications) or Machine Operator, Grade 2 (Communications) performs duty on a Sunday as part of his normal hours of duty per week, he shall be paid for duty so performed at twice his normal hourly rate of pay.”;

(b) by inserting after sub-regulation (6.) the following sub-regulation:—

“(6a.) For the purposes of this regulation, a higher duties allowance paid to an officer shall be deemed to be part of his salary.”; and

(c) by omitting from sub-regulation (8.) the word “male”.

Holiday pay or time off duty or leave in lieu.

4. Regulation 31 of the High Commissioner (Staff) Regulations is amended—

(a) by inserting after sub-regulation (8.) the following sub-regulations:—

“(8a.) Where an officer or employee who is rostered to perform ordinary duty on shift may be rostered to perform ordinary duty on a holiday, the Official Secretary may grant him, in respect of a holiday on which he is not rostered to perform ordinary duty, one day’s leave.

“(8b.) Where an officer or employee to whom the last preceding sub-regulation applies is not granted one day’s leave under that sub-regulation in respect of a holiday, he shall be paid, in respect of that holiday, an amount equal to the salary, calculated at his hourly rate of salary, payable to him in respect of a period equal to the period ordinarily worked by him on a day.”; and

(b) by omitting from sub-regulation (9.) the words “sub-regulation (1.) of this regulation or under the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (1.) or (8.) of this regulation or leave granted to an officer or employee under sub-regulation (8a.) of this regulation”.

 


Shift duty payment.

5. Regulation 34 of the High Commissioner (Staff) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “machine operator” and inserting in their stead the words “Machine Operator, Grade 1 (Communications) or Machine Operator, Grade 2 (Communications)”;

(b) by omitting from paragraph (a) of sub-regulation (1.) the words “Seven shillings and six pence” and inserting in their stead the words “Ten shillings”; and

(c) by omitting from paragraph (b) of sub-regulation (1.) the words “Five shillings” and inserting in their stead the words “Six shillings and sixpence”.

Excess travelling time and certain excess duty.

6. Regulation 41 of the High Commissioner (Staff) Regulations is amended by omitting from sub-regulation (1.) the words “pay, at a rate equal to the rate of his ordinary pay.” and inserting in their stead the words—

“pay—

(c) if that time spent in travelling occurs, or those extra hours of duty occur, on a Sunday or holiday—at one and one-half times his hourly rate of pay; or

(d) in any other case—at his hourly rate of pay.”.

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Overview

Statutory Rules 1970, No. 216, made under the High Commissioner (United Kingdom) Act 1909-1966, was enacted to address the need for updated regulations governing overtime, shift, and holiday pay for staff of the Australian High Commissioner in the United Kingdom. This legislative instrument amends the High Commissioner (Staff) Regulations, providing specific provisions for additional pay rates for duties performed on Saturdays, Sundays, and public holidays, as well as for shift duties and excess travelling time. The policy objective behind these amendments is to ensure that staff members are fairly compensated for their additional hours of work, particularly when they involve non-standard working hours such as weekends and public holidays.

Scope and Application

The Statutory Rules 1970, No. 216(d) amends the High Commissioner (Staff) Regulations to revise various aspects of overtime and shift duty pay for officers and employees of the High Commission in the United Kingdom. These amendments apply to officers and employees whose roles include specific duties such as Porter, Senior Porter, Machine Operator, Grade 1 (Communications), or Machine Operator, Grade 2 (Communications). The regulations specify different pay rates for duty performed on Saturdays and Sundays, with higher rates for those working outside their normal hours. Employees with an annual salary above the maximum for the office of Clerk 7 are excluded from overtime pay on Saturdays unless approved by the High Commissioner. The amendments also include provisions for holiday pay and shift duty payments, ensuring appropriate compensation for officers and employees based on their work schedules and the days they perform their duties. These changes extend the existing regulatory framework and are applicable within the jurisdiction of the High Commissioner (United Kingdom) Act 1909-1966.

Key Provisions

The Statutory Rules 1970, No. 216(d) amends several sections of the High Commissioner (Staff) Regulations, introducing new provisions for overtime, shift, and holiday duties. Regulation 28 is modified to adjust the circumstances under which overtime pay is due, with specific amendments including the addition of certain duties and the removal of others (Regulation 28(1)(a)(iv)). A new regulation, 29a, is inserted to address Saturday duties, stipulating different rates of pay depending on whether the officer or employee’s normal duties include Saturday work (Regulation 29a(1) and (2)). Regulation 30 is amended to increase the pay rate for Sunday duties to twice the normal hourly rate for certain positions (Regulation 30(1a)). Furthermore, officers and employees who perform ordinary duties on a holiday may be granted leave or compensated in lieu of leave (Regulation 31(8a) and (8b)). Regulation 34 modifies shift duty payments, replacing former rates with new ones, such as increasing pay for Machine Operators, Grade 1 (Communications) and Machine Operator, Grade 2 (Communications) (Regulation 34(1)). Lastly, Regulation 41 is amended to adjust the pay for excess travelling time and certain excess duty, with increased rates for duties performed on Sundays or holidays (Regulation 41(1)(c) and (d)). The amendments impose specific obligations on officers and employees concerning the payment of overtime, shift, and holiday duties. Officers and employees whose duties include Saturday or Sunday work must be compensated at specified rates. For instance, those performing Saturday duties as part of their normal hours receive one and a half times their normal hourly rate, while those performing such duties in excess of their normal hours receive twice their normal hourly rate (Regulation 29a(1)(a) and (b)). Similarly, Sunday duties performed as part of normal hours are compensated at twice the normal hourly rate (Regulation 30(1a)). Officers and employees who perform duties on holidays may be granted leave or compensated at their hourly rate of pay for the period ordinarily worked (Regulation 31(8a) and (8b)). Shift duty payments are also adjusted, with new rates specified for Machine Operators, Grade 1 (Communications) and Machine Operator, Grade 2 (Communications) (Regulation 34(1)). Additionally, officers and employees must be paid at increased rates for excess travelling time and certain excess duty performed on Sundays or holidays (Regulation 41(1)(c) and (d)). The legislation outlines specific consequences for breaches of the amended regulations. Failure to adhere to the prescribed rates of pay for overtime, shift, and holiday duties may result in legal repercussions. Officers and employees who do not receive the correct compensation as stipulated in the regulations may have grounds for legal action. The precise nature of the penalties, whether civil or criminal, is not detailed within the text of the legislation itself but would typically be addressed in the relevant governing statutes or common law. The maximum penalties, if applicable, are not explicitly stated in the document, suggesting that they would be determined based on the broader legal framework governing employment and labour relations in Australia.

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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.