STATUTORY RULES.
1963. No. 123.
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1960.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Public Service Act 1922-1960.
Dated this twenty-second day of November, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Sgd. Gordon Freeth
Minister of State for the Interior for and on behalf of the Prime Minister.
Amendment of the Public Service (Parliamentary Officers) Regulations.†
Salaries payable to officers of the Second and Third Divisions.
1. Regulation 71 of the Public Service (Parliamentary Officers) Regulations is amended by omitting from sub-regulation (1a.) the figures “£3,650” and inserting in their stead the figures “£4,026”.
Authority for payment of allowances.
2. The Parliamentary Head may authorize the payment of an allowance, in respect of the period that commenced on the second day of May, 1963, and ended on the day immediately before the commencement of these Regulations, to each officer who occupied the office of Clerk-Assistant in the Department of the Senate or Clerk-Assistant in the Department of the House of Representatives during that period of such an amount as would result in the total remuneration of the officer being not less than the total remuneration that would have been payable to the officer in respect of that period if the amendment made by the last preceding regulation had taken effect on the second day of May, 1963.
* Notified in the Commonwealth Gazette on 28th November, 1963.
† Statutory Rules 1941, No. 18, as amended by Statutory Rules 1941, No. 309; 1942, No. 249; 1947, Nos. 13, 62, 154 and 165; 1951, Nos. 26, 27, 78 and 117; 1952, No. 54; 1953, Nos. 72 and 94; 1954, Nos. 86 and 120; 1955, No. 44; 1956, Nos. 56 and 57; 1957, No. 26; 1958, Nos. 19, 44 and 66; 1959, No. 61; 1960, Nos. 78 and 92; 1961, No. 98; 1962, No. 6; and 1963, Nos. 3, 66 and 83.
10501/63.—Price 3d. 10/18.10.1963.
Overview
Statutory Rules 1963 No. 123, made under the Public Service Act 1922-1960, addresses the need for adjusting the salaries of certain officers within the parliamentary service. Enacted by the Governor-General in Council, these regulations aim to amend the Public Service (Parliamentary Officers) Regulations, specifically updating the remuneration for officers in the Second and Third Divisions. The regulation was made on the advice of the President of the Senate and the Speaker of the House of Representatives, reflecting a collective endorsement by both houses of Parliament. The underlying policy objective is to ensure that parliamentary officers receive fair and updated remuneration reflective of their roles and responsibilities within the parliamentary framework.
Scope and Application
The Regulations made under the Public Service Act 1922-1960, specifically the amendment to the Public Service (Parliamentary Officers) Regulations, apply to officers of the Second and Third Divisions within the parliamentary service. These officers include the Clerk-Assistants in the Department of the Senate and the Department of the House of Representatives. The geographic scope of these regulations is confined to the Commonwealth of Australia, affecting parliamentary officers at the federal level. The regulations provide for the amendment of salaries and the authorisation of allowances to ensure that the total remuneration of the affected officers is not less than it would have been if the amendments had been effective from 2 May 1963. The regulations do not specify any exclusions, exemptions, or thresholds but provide for adjustments to ensure continuity of remuneration. These regulations are subordinate instruments that extend the application of the Public Service Act to specific categories of public service employees within the parliamentary framework.
Key Provisions
The Statutory Rules 1963 No. 123, which amends the Public Service (Parliamentary Officers) Regulations, introduces specific changes concerning the remuneration of officers in the Second and Third Divisions. Regulation 1 increases the salary of officers in these divisions from £3,650 to £4,026, effective from the date of the commencement of these Regulations (Reg. 1). Regulation 2 provides that the Parliamentary Head may authorise the payment of allowances to certain officers for a period beginning on 2 May 1963 and ending on the day immediately before these Regulations come into force (Reg. 2). The purpose of this allowance is to ensure that the total remuneration of these officers is not less than what they would have received if the salary amendment had been effective from the start of the period (Reg. 2).
The Act imposes several obligations on the Parliamentary Head and relevant officers. The Parliamentary Head must ensure that officers in the Second and Third Divisions are compensated according to the new salary rates specified in Regulation 1. Additionally, the Parliamentary Head has the authority to authorise allowances for officers who were in the position of Clerk-Assistant in the Department of the Senate or the Department of the House of Representatives during the specified period. This allowance is intended to maintain the officers' total remuneration at a level equivalent to what they would have earned if the salary adjustment had been retroactive (Reg. 2). Officers who were in these positions during the period in question must cooperate with the Parliamentary Head to receive the appropriate allowances if necessary.
Breaches of these Regulations could result in civil or criminal consequences, depending on the nature and severity of the non-compliance. However, the Regulations themselves do not explicitly state any specific offences, penalties, or consequences for breaches. The applicable penalties would likely be determined by the overarching Public Service Act 1922-1960 or other relevant legislation. In general, non-compliance with statutory regulations can lead to legal action, fines, or other administrative sanctions as prescribed by law. The specific penalties would depend on the particular breach and the provisions of the relevant acts and regulations.