Public Service Act 1951

Legislation au C1951A00011 Not in force Act

Legislation content

 

PUBLIC SERVICE.

 

No. 11 of 1951.

An Act relating to the Salaries of certain Offices in the Public Service.

[Assented to 7th July, 1951.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Public Service Act 1951.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Incorporation.

3. This Act is incorporated with, and shall be read as one with, the Public Service Act 1922–1950.

Salaries payable as from 30th June, 1951.

4.—(1.) Notwithstanding anything contained in the Public Service Act 1922–1950, the limits of salary, or the salary, of every office in the Public Service shall, from and including the thirtieth day of June, One thousand nine hundred and fifty-one, be the limits of salary, or the salary, prescribed by sub-section (2.), (3.), (4.) or (5.), as the case requires, of this section.

(2.) The limits of salary of an office, being an office in respect of which limits of salary were applicable as at the thirty-first day of December, One thousand nine hundred and fifty, are—

(a) a minimum salary equal to the minimum salary actually payable, as at that date, in respect of that office; and

(b) a maximum salary equal to the maximum salary actually payable, as at that date, in respect of that office.

(3.) The salary of an office, being an office in respect of which a salary, but not limits of salary, was applicable as at the thirty-first day of December, One thousand nine hundred and fifty, is the salary actually payable, as at that date, in respect of that office.

(4.) The limits of salary of an office—

(a) created during the period which commenced on the first day of January, One thousand nine hundred and fifty-one, and ended on the date of commencement of this Act; or

(b) the classification of which was raised or lowered during that period,

are—

(c) a minimum salary equal to the minimum salary which would have been payable, as at the thirty-first day of December, One thousand nine hundred and fifty, in respect of that office if the creation of that office, or the alteration of the classification of that office, had been effected on that date; and

(d) a maximum salary equal to the maximum salary which would have been payable, as at that date, in respect of that office if the creation of that office, or the alteration of the classification of that office, had been effected on that date.

(5.) The salary of an office in respect of which a salary, but not limits of salary, is applicable, being an office—

(a) created during the period which commenced on the first day of January, One thousand nine hundred and fifty-one, and ended on the date of commencement of this Act; or

(b) the classification of which was raised or lowered during that period,

is the salary which would have been actually payable, as at the thirty-first day of December, One thousand nine hundred and fifty, in respect of that office if the creation of that office, or the alteration of the classification of that office, had been effected on that date.

(6.) For the purposes of this section, the salary actually payable in respect of an office as at the thirty-first day of December, One thousand nine hundred and fifty, includes salary payable to an occupant of that office under a determination of the Public Service Arbitrator and salary as varied by regulation one hundred and six a of the Commonwealth Public Service Regulations as in force on that


date or by regulation seventy-five of the Commonwealth Public Service (Parliamentary Officers) Regulations as in force on that date, as the case requires.

(7.) Nothing in this Act prevents the raising or lowering, after the commencement of this Act, of the classification of an office under section twenty-nine of the Public Service Act 1922–1950 or the alteration, after the commencement of this Act, of the limits of salary, or the salary, of an office by the Public Service Arbitrator.

(8.) Nothing in this Act operates so as to alter the date from which an officer would, but for this Act, be entitled to be granted an increment under section thirty-one of the Public Service Act 1922–1950.

Overview

The Public Service Act 1951 was enacted to address the need for updated salary structures within the Australian Public Service. The Act was assented to on 7th July, 1951, by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. It was designed to incorporate and replace the Public Service Act 1922–1950, ensuring that salary limits and rates were appropriately set from 30th June 1951 onwards. This legislative measure was crucial for maintaining equitable remuneration within the public sector, reflecting the economic and inflationary changes of the period while preserving the integrity of public service roles.

Scope and Application

The Public Service Act 1951 applies to all offices within the Commonwealth Public Service, governing the salaries and conditions of employment for public servants. The Act pertains to persons holding offices in the public service and encompasses various entities and industries within the Commonwealth's jurisdiction. It specifies the salary limits and actual salaries for offices, whether established before or during the period between 1 January 1951 and the Act's commencement, as well as those whose classification was altered within this timeframe. The Act extends its application across the entire Commonwealth, providing a uniform framework for public service salaries. Notably, it does not alter the existing provisions for increments and does not affect the authority to change classification or salary limits post-enactment. Subordinate instruments may further define or refine the application of this Act, but the primary focus remains the regulation and determination of public service salaries.

Key Provisions

The Public Service Act 1951, which was incorporated with and read as one with the Public Service Act 1922-1950, sets out the salary limits for offices in the Public Service. Section 4 specifies that from 30 June 1951, the salary limits and salaries for every office in the Public Service would be those prescribed in subsections (2) to (5). Subsection (2) states that the salary limits for an office, for which salary limits were applicable as at 31 December 1950, would be the minimum and maximum salary payable as at that date. For offices created or whose classification was raised or lowered between 1 January 1951 and the date of commencement of this Act, subsection (4) stipulates that the salary limits would be the minimum and maximum salary that would have been payable as at 31 December 1950 if the creation of that office or alteration of its classification had been effected on that date. Subsection (3) specifies that the salary of an office, for which a salary but not salary limits was applicable as at 31 December 1950, would be the salary payable as at that date, while subsection (5) specifies that the salary of an office, for which a salary but not salary limits was applicable, being an office created or whose classification was raised or lowered between 1 January 1951 and the date of commencement of this Act, would be the salary that would have been actually payable as at 31 December 1950 if the creation of that office or alteration of its classification had been effected on that date. The Public Service Act 1951 imposes several obligations and requirements on the parties or entities it governs. Firstly, it specifies the salary limits and salaries for offices in the Public Service, as outlined in section 4. This includes setting the minimum and maximum salary for offices for which salary limits were applicable as at 31 December 1950, and determining the salary limits and salaries for offices created or whose classification was raised or lowered between 1 January 1951 and the date of commencement of this Act. Secondly, it allows for the raising or lowering of the classification of an office under section 29 of the Public Service Act 1922-1950, and the alteration of the limits of salary or the salary of an office by the Public Service Arbitrator, as long as it is done after the commencement of this Act. Finally, it does not alter the date from which an officer would, but for this Act, be entitled to be granted an increment under section 31 of the Public Service Act 1922-1950. The Public Service Act 1951 does not explicitly outline any offences, penalties, or civil or criminal consequences for breach. However, it is possible that breaches of the Act could result in disciplinary action being taken against officers or employees of the Public Service, or legal action being taken against individuals or entities that violate the provisions of the Act. The specific consequences of a breach would depend on the nature and severity of the breach, and would be determined on a case-by-case basis. It is important to note that the Act does not specify any maximum penalties for breach, and that the consequences of a breach could be significant, depending on the circumstances.

Legal classification tags

Area of Law
Public Service Law
Instrument
Act
Concepts
Commencement Provisions
Salaries payable as from 30th June, 1951
Incorporation

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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.