Public Service (Parliamentary Officers) Regulations (Amendment)

Legislation au C1954L00086 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1954. No. .

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REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1953.*

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 1922-1953.

Dated this twenty-sixth day of July, 1954.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Prime Minister.

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Amendments of the Public Service (Parliamentary Officers) Regulations†

1. Regulation 55 of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation inserted in its stead :—

Meal allowances.

“ 55.—(1.) Subject to this regulation, an officer or employee who—

(a) is required to perform duties which involve his attendance up to the completion of, or after, a second meal break in any one day ;

(b) is required, after the completion of his ordinary hours of duty for the day, to perform extra duties which involve his attendance without a break up to the commencement of the meal period which occurs next after that completion ;

(c) is required to perform extra duty after two o’clock in the afternoon on a Saturday (or the day normally allowed to him as the weekly half-holiday) after a meal break and is not entitled to payment for that meal break ; or

(d) is required to perform duty on a Sunday or public holiday (in addition to his normal weekly hours of duty) extending beyond a meal break and is not entitled to payment for that meal break,

shall be paid a meal allowance of Seven shillings.

“ (2.) Where a three-course meal is obtainable by the officer or employee at the Parliamentary Refreshment Rooms, the amount of the meal allowance shall, in lieu of the amount payable under the last preceding sub-regulation, be the maximum amount for which a three-course meal is obtainable at those Rooms.

 

* Notified in the Commonwealth Gazette on , 1954.

† 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; and 1953, Nos. 72 and 94.

1164.—Price 3d. 10/9.4.1954.


“ (3.) An officer or employee who is required to perform any of the duties specified in paragraph (a), (c) or (d) of sub-regulation (1.) of this regulation shall not be paid a meal allowance unless he satisfies the officer authorizing the duty that he cannot reasonably be expected to return to his home or lodgings for a meal between the time at which he ceases duty before the meal and the time at which he is required to commence duty after the meal.

“ (4.) Where an officer or employee who is required to be on duty on a night on which a sitting of the Senate or the House of Representatives continues after 11.30 p.m. obtains a meal after that hour during that sitting at the Parliamentary Refreshment Rooms, the officer or employee shall be granted an allowance equal to the cost of that meal.

“ (5.) For the purposes of paragraph (b) of sub-regulation (1.) of this regulation ‘meal period’ means—

(a) the period between the hours of 7 a.m. and 9 a.m. ;

(b) the period between the hours of 12 noon and 2 p.m. ; and

(c) the period between the hours of 6 p.m. and 7 p.m.”.

Overtime.

2. Regulation 65 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting from sub-regulation (4.) the words “ sub-regulations (5.) and (6.) of this regulation, ” and inserting in their stead the words “ the next succeeding sub-regulation, ” ;

(b) by omitting sub-regulations (6.) and (7.) ;

(c) by omitting from sub-regulation (8.) the words “ A male ” and inserting in their stead the words “ Except with the approval of the Parliamentary Head, a male ” ; and

(d) by omitting from sub-regulation (8.) the figures “ £1,244 ” and “ £1,139 ” and inserting in their stead the figures “ £1,304 ” and “ £1,199 ”, respectively.

Sunday duty.

3. Regulation 65b of the Public Service (Parliamentary Officers) Regulations is amended by omitting sub-regulation (11.).

4.—(1.) After regulation 65b of the Public Service (Parliamentary Officers) Regulations the following regulation is inserted :—

Calculation of pay for duty on a holiday.

“ 65c.—(1.) For the purposes of sub-section (6.) of section 76 of the Act, a day’s salary payable to an officer for the performance of a full day’s duty on a holiday shall, subject to this regulation, be calculated by multiplying the hourly rate of salary ascertained in accordance with the next succeeding sub-regulation by the number of hours of duty that the officer would have been required to perform if the holiday had been a day of the week on which the officer was required to perform his normal hours of duty.

“ (2.) The hourly rate of salary shall be ascertained in accordance with the following formula :—


“ (3.) Where an officer performs on a holiday the duties of an office having a higher classification than his own, the annual salary of that officer shall, for the purposes of this regulation, include an allowance payable for the performance of those duties.

“ (4.) Notwithstanding anything contained in this regulation, the hourly rate of salary for the purpose of this regulation shall not exceed—

(a) in the case of a male officer—the rate ascertained in accordance with sub-regulation (2.) of this regulation for an officer who is receiving an actual salary that is the current equivalent of a salary at the rate of £812 per annum ; and

(b) in the case of a female officer—the rate ascertained in accordance with that sub-regulation for an officer who is receiving an actual salary that is the current equivalent of a salary at the rate of £707 per annum.

“ (5.) Where the annual salary payable to a male officer exceeds the current equivalent of a salary at the rate of £1,244 per annum or the annual salary payable to a female officer exceeds the current equivalent of a salary at the rate of £1,139 per annum, the payment of any amount, or the granting of any period off duty, to such an officer in consequence of his or her attendance and services during a holiday or half-holiday observed under section 76 of the Act shall be subject to the approval of the Parliamentary Head.

“ (6.) For the purpose of ascertaining the current equivalent of a rate of salary specified in this regulation, there shall be added to the amount so specified the amount of the increase payable under regulation 75 of these Regulations.

“ (7.) In this regulation, ‘ prescribed weekly hours of duty ’ means—

(a) in relation to an officer defined by regulation 8b of these Regulations—forty hours ; and

(b) in relation to any other officer—thirty-six and three-quarter hours.”.

(2.) This regulation shall be deemed to have come into operation on the ninth day of April 1953.

Salaries of officers of Third Division.

5. Regulation 72 of the Public Service (Parliamentary Officers) Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (8.) The minimum rate of annual salary payable to an officer appointed to an office in the Third Division who is a graduate of an Australian University or a University approved by the Parliamentary Head for the purpose of this sub-regulation, is—

(a) in the case of a male officer who has not attained the age of twenty-one years—£438 ;

(b) in the case of a female officer who has not attained the age of twenty-one years—£362 ;

(c) in the case of a male officer who has attained the age of twenty-one years—£596 ; and

(d) in the case of a female officer who has attained the age of twenty-one years—£491.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1954 No. 185 amends the Public Service (Parliamentary Officers) Regulations under the Public Service Act 1922-1953. Enacted by the Governor-General in Council, these regulations were made on the advice of the President of the Senate and the Speaker of the House of Representatives. The primary purpose of these regulations is to update and refine the allowances and overtime pay for parliamentary officers, ensuring that they are adequately compensated for their duties, especially during extended working hours and on weekends. By updating the meal allowances and overtime rates, the regulations aim to provide clarity and consistency in the remuneration of parliamentary officers, addressing any gaps that may have existed in previous iterations of the regulations.

Scope and Application

The Regulations under the Public Service Act 1922-1953 primarily apply to officers and employees within the parliamentary service who are required to perform specific duties that extend beyond their normal working hours or involve attendance on holidays or public holidays. These regulations govern meal allowances and overtime payments for parliamentary officers, ensuring that they are compensated appropriately for their extended duties. The regulations specify scenarios such as attendance up to the completion of a second meal break in any one day, extra duties that involve attendance without a break up to the next meal period, and duties on a Sunday or public holiday extending beyond a meal break. Additionally, the regulations detail the calculation of pay for duty on a holiday, ensuring that the hourly rate of salary does not exceed specified limits based on gender and annual salary. The regulations are designed to provide clear guidelines on compensation for parliamentary officers who work outside their regular hours or on holidays, ensuring fair treatment and appropriate remuneration for their services.

Key Provisions

The primary provisions of these regulations, as outlined in regulation 55, pertain to meal allowances for officers and employees who are required to perform duties during meal breaks or beyond their ordinary hours of duty (Public Service (Parliamentary Officers) Regulations, 1954, reg 55(1)). Specifically, these regulations stipulate that officers or employees who must attend to duties up to the completion of, or after, a second meal break in any one day, or who are required to perform extra duties without a break after their ordinary hours of duty, will be compensated with a meal allowance of seven shillings. Additionally, officers or employees who are required to work after a meal break on a Saturday or on a Sunday or public holiday, and who are not entitled to payment for that meal break, will also receive a meal allowance (Public Service (Parliamentary Officers) Regulations, 1954, reg 55(1)(c)-(d)). Where a three-course meal is available at the Parliamentary Refreshment Rooms, the meal allowance will be the maximum amount for which a three-course meal can be obtained there (Public Service (Parliamentary Officers) Regulations, 1954, reg 55(2)). These regulations impose specific obligations on officers and employees who are required to perform duties during meal breaks or beyond their ordinary hours of duty. For instance, officers and employees must satisfy the officer authorizing the duty that they cannot reasonably be expected to return to their home or lodgings for a meal between the time they cease duty before the meal and the time they are required to commence duty after the meal (Public Service (Parliamentary Officers) Regulations, 1954, reg 55(3)). Moreover, officers or employees who are required to be on duty on a night on which a sitting of the Senate or the House of Representatives continues after 11.30 p.m. and who obtain a meal after that hour during that sitting at the Parliamentary Refreshment Rooms, will be granted an allowance equal to the cost of that meal (Public Service (Parliamentary Officers) Regulations, 1954, reg 55(4)). The regulations also outline the consequences for breach, although specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. However, it is noted that where an officer performs on a holiday the duties of an office having a higher classification than their own, the annual salary of that officer shall, for the purposes of this regulation, include an allowance payable for the performance of those duties (Public Service (Parliamentary Officers) Regulations, 1954, reg 65c(2)). Furthermore, where the annual salary payable to a male officer exceeds the current equivalent of a salary at the rate of £1,244 per annum or the annual salary payable to a female officer exceeds the current equivalent of a salary at the rate of £1,139 per annum, the payment of any amount, or the granting of any period off duty, to such an officer in consequence of their attendance and services during a holiday or half-holiday observed under section 76 of the Act shall be subject to the approval of the Parliamentary Head (Public Service (Parliamentary Officers) Regulations, 1954, reg 65c(5)).

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Salaries of officers of Third Division
Overtime

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