STATUTORY RULES,
1948. No. 60.
REGULATIONS UNDER THE PEACE OFFICERS ACT 1925.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Peace Officers Act 1925.
Dated this first day of June, 1948.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
H. V. EVATT
Attorney-General.
Amendments of the Peace Officers' Guard Regulations. †
Hours of duty.
1. Regulation 8 of the Peace Officers’ Guard Regulations is amended by omitting the figures “ 144 ” and inserting in their stead the figures " 120 ”.
Overtime.
2. Regulation 9 of the Peace Officers’ Guard Regulations is amended by omitting the figures “ 144 ” and inserting in their stead the figures “ 120 ”.
Meal allowance
3. Regulation 10 of the Peace Officers’ Guard Regulations is amended by omitting the words “ Two shillings ” and inserting in their stead the words “ Three shillings ”.
Travelling allowance.
4. Regulation 11 of the Peace Officers’ Guard Regulations is amended by omitting the table contained therein and inserting in its stead the following table :—
“ Where Maximum Salary of Position is— | Allowance—Capital Cities. | Allowance other than Capital Cities. |
First Twenty -one Days' Residence. | After Twenty-one Days' Residence. | First Twenty- one Days' Residence. | After Twenty-one Days' Residence. |
Married Officer. | Unmarried Officer. | Married Officer. | Unmarried Officer. |
| Per day. | Per week. | Per day. | Per week. | Per day. | Per week. |
| s. | d. | s. | d. | s. | d | s. | d | s | d | s. | d |
£396 and under | 18 | 6 | 70 | 0 | 45 | 0 | 15 | 0 | 5 | 0 | 35 | 0 |
£397 to £720 | 25 | 0 | 80 | 0 | 50 | 0 | 17 | 6 | 65 | 0 | 40 | 0 |
£721 to £1,012 | 25 | 0 | 90 | 0 | 60 | 0 | 20 | 0 | 75 | 0 | 50 | 0 |
Over £1,012 | 30 | 0 | 105 | 0 | 65 | 0 | 25 | 0 | 90 | 0 | 60 | 0” |
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* Notified in the Commonwealth Gazette on 3rd June, 1948.
*Statutory Rules 1942, No. 212, as amended by Statutory Rules 1944, Nos. 12 and 53.
2949.--PRICE 3D.
Recreation leave.
5. Regulation 12 of the Peace Officers’ Guard Regulations is amended—
(a) By omitting from sub-regulation (1.) the word “ eighteen ” and inserting in its stead the word “ fifteen ” ; and
(b) by omitting from sub-regulation (3.) the words “ one and one-half ” and inserting in their stead the words “ one and one-quarter ”.
Leave on account of near relative’s death or serious illness.
6. After regulation 12AA of the Peace Officers’ Guard Regulations the following regulation is inserted :—
“ 12AA. The Superintending Peace Officer may, on the production of evidence of death or serious illness of a near relative, grant to a Peace Officer leave of absence on full pay for a period not exceeding three days in any twelve months.
For the purposes of this regulation, a ‘ near relative ’ shall include the Peace Officers’ father, mother, wife, children and the wife’s father and mother.”.
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
Overview
The Peace Officers Act 1925 was enacted by the Australian Parliament to provide a framework for the regulation and management of peace officers, who include individuals such as police officers, correctional officers, and other law enforcement personnel. This legislation was introduced to address the need for standardised regulations governing the employment and conduct of peace officers across the Commonwealth. The 1948 Statutory Rules, numbered 60, were made under the authority of the Peace Officers Act 1925 to amend various aspects of the Peace Officers' Guard Regulations. The amendments focused on modifying duty hours, overtime allowances, meal and travelling allowances, recreation leave, and leave provisions for serious family circumstances. These changes aimed to ensure the regulations remained relevant and fair, reflecting any necessary updates to the conditions of service for peace officers.
Scope and Application
The Regulations under the Peace Officers Act 1925 pertain to amendments to the Peace Officers' Guard Regulations, impacting both the duties and allowances of peace officers. These regulations apply to peace officers who are employed under the Commonwealth's jurisdiction, governing their hours of duty, overtime, meal allowances, travelling allowances, and leave entitlements. The amendments adjust the hours of duty and overtime, reduce meal and travelling allowances, and modify leave entitlements, including the introduction of leave for serious family matters. The regulations extend to all peace officers regardless of their specific roles or locations within the Commonwealth, with adjustments made to accommodate married versus unmarried officers and their residency status. Notably, the regulations do not explicitly state exclusions, exemptions, or thresholds but operate under the broad application to all peace officers as defined within the Peace Officers Act 1925. The application of these regulations is further extended and potentially refined through subordinate instruments as needed to address specific operational requirements or changes in policy.
Key Provisions
The key provisions of the Statutory Rules, 1948, No. 60, made under the Peace Officers Act 1925, primarily concern amendments to the Peace Officers' Guard Regulations. Regulation 8 (1) and Regulation 9 (1) adjust the hours of duty and overtime from 144 to 120 hours. Regulation 10 (1) increases the meal allowance from two shillings to three shillings. Regulation 11 (1) replaces the previous table with a new table detailing allowances for married and unmarried officers based on their salary and location. Regulation 12 (1) reduces the recreation leave from eighteen to fifteen days and modifies the leave entitlement ratio from one and one-half to one and one-quarter. Additionally, Regulation 12AA introduces a provision allowing the Superintending Peace Officer to grant up to three days of leave on full pay for a near relative's death or serious illness.
These amendments impose specific obligations on peace officers and their supervising authorities. Peace officers are now subject to reduced duty hours and overtime, and must adhere to the updated meal and travelling allowances. The Superintending Peace Officer is tasked with managing leave entitlements more strictly, including the new provision for leave due to a near relative's death or serious illness. These changes also require the authorities to ensure that peace officers are adequately compensated and provided with necessary leave.
Failure to comply with these regulations may result in breaches of the statutory obligations. While the regulations do not explicitly state penalties for non-compliance, breaches of statutory duties under the Peace Officers Act 1925 could potentially lead to civil or criminal consequences, depending on the severity of the breach. The maximum penalties would be determined by the relevant courts, taking into account the specific circumstances of each case.