Public Service (Parliamentary Officers) Regulations (Amendment)

Legislation au C1958L00019 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1958. No. 19.

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REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1957.*

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 1922-1957.

Dated this twenty-seventh day of March, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

For and on behalf of the Prime Minister.

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Amendments of the Public Service (Parliamentary Officers) Regulations.†

Hours of duty—Officers other than Officers of the Parliamentary Library and certain Officers of the Joint House Department.

1. Regulation 8 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “thirty hours” and inserting in their stead the words “thirty-one hours”;

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The normal hours of duty of an officer shall be worked on each day of the week from Monday to Friday (inclusive)—

(a) within a period of twelve hours (inclusive of periods allowed off duty for meals); and

(b) between such times as are directed by the Permanent Head with the approval of the Parliamentary Head.”; and

Sequestration of estate.

2. Regulation 31 of the Public Service (Parliamentary Officers) Regulations is repealed.

* Notified in the Commonwealth Gazette on 31st March 1958.

† 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; and 1957, No. 26.

3145/57.—Price 3d. 9/3.1.1958.

Meal allowances.

3. Regulation 55 of the Public Service (Parliamentary Officers) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Where an officer or employee is directed to remain on duty after 11.30 p.m. by reason of—

(a) a sitting of the Senate, the House of Representatives or a Parliamentary Committee; or

(b) the holding of a conference, or a function, the staffing of which has been approved by the Parliamentary Head,

and a meal is provided at the Parliamentary Refreshment Rooms for officers and employees who are so directed to remain on duty, the officer or employee shall be granted an allowance equal to the amount charged for the meal.”.

Overtime.

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

(a) by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(a) in the case of an officer defined by regulation 8 of these Regulations—duty performed by the officer—

(i) in excess of the normal hours of duty of the officer for that day, not being duty during a period which is, by the operation of either of the next two succeeding sub-regulations, not to be taken into account in ascertaining the payment for overtime under this regulation; or

(ii) on a Saturday, not being duty for which time off duty is allowed under sub-regulation (4.) of regulation 8 of these Regulations;”;

(b) by inserting, after sub-regulation (1.) the following sub-regulations:—

“(1a.) Where an officer as defined by regulation 8 of these Regulations performs duty in excess of the normal hours of duty of the officer on a day (other than a Saturday) in a week which is not a sessional week for a period that does not exceed one hour, that period shall not be taken into account in ascertaining the period in respect of which payment is to be made for overtime under this regulation.

“(1b.) Where an officer as defined by regulation 8 of these Regulations performs duty in excess of the normal hours of duty of the officer on a day (other than a Saturday) in a week which is not a sessional week for a period which exceeds one hour but does not exceed two hours, a period of one hour shall not be taken into account in ascertaining the period in respect of which payment is to be made for overtime under this regulation.”;

“(9.) If, on any day, an officer defined by regulation 8 of these Regulations is absent on authorized leave for the whole or part of that day, the normal hours of duty of the officer for that day shall, for the purposes of calculating the amount of overtime payable to the officer for that day, be reduced by the number of hours that the officer was absent on authorized leave.”;

(d) by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) If a holiday occurs in any week—

(a) the number of hours specified in sub-paragraph (iii) of paragraph (b), in sub-paragraph (iv) of paragraph (c), or in paragraph (d), as the case requires, of the definition of ‘over-time’ in sub-regulation (1.) of this regulation shall, in that week, be reduced by the number of hours for which an officer would have been required to attend for duty if the day on which the holiday occurs was not a holiday; and

(b) regard shall not be had, for the purposes of this regulation, to any duty performed by the officer on the holiday.”; and

(e) by omitting from sub-regulation (11.) the words “in subparagraph (i) or (ii) of paragraph (a),”.

5. Regulation 65c of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation inserted in its stead:—

Payment for duty on a holiday.

“65c.—(1.) An officer who is required, in pursuance of sub-section (5.) of section 76 of the Act, to perform duty on a holiday shall, subject to this regulation, be paid in respect of that duty an amount ascertained in accordance with this regulation.

“(2.) Where an officer performs duty on a holiday and the duty is performed between the time when he would have commenced duty for the, day and the time when he would have ceased duty for the day if the day had not been a holiday, the officer shall be paid an amount ascertained by multiplying the number of hours during which the officer performs duty on the holiday by the hourly rate of salary of the officer.

“(3) Where an officer performs duty on a holiday and—

(a) the duty is performed before the time when he would have commenced duty for the day, or after the time when he would have ceased duty for the day, if the day had not been a holiday; or

(b) any duty performed by the officer on the holiday is duty which results in the officer performing duty in excess of the normal hours of duty of the officer for the week in which the holiday occurs,

the officer shall be paid an amount ascertained by multiplying the number of hours during which the officer performs duty on the holiday by twice the hourly rate of salary of the officer.

“(4.) If an amount ascertained in accordance with either of the last two preceding sub-regulations is less than an amount that is equal to one-half of a day’s salary payable to the officer, the officer shall be paid that last-mentioned amount.

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

“(6.) For the purposes of sub-section (6.) of section 76 of the Act and of this regulation, 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 of the officer ascertained in accordance with the last preceding 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 for a full day.

“(7.) 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.

“(8.) 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 (5.) of this regulation for an officer who is receiving a salary of £1,173 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 a salary of £1,019 per annum.

“(9.) The payment of an amount, or the granting of a period off duty, to a male officer whose salary exceeds £2,053 per annum or a female officer whose salary exceeds £1,899 per annum 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.

“(10.) 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.”.

Application of amendments.

6. Where the amount payable to an officer as defined by regulation 8 of the Public Service (Parliamentary Officers) Regulations for the overtime performed by him in the period which commenced on the eighteenth day of March, 1957, and ended on the day immediately before the commencement of these Regulations would, if the amendments of the Public Service (Parliamentary Officers) Regulations made by these Regulations had been in force during that period, have been greater than the amount payable for that overtime under the Public Service (Parliamentary Officers) Regulations as in force on the commencement of that period, payment for that overtime shall be made in accordance with the provisions of the Public Service (Parliamentary Officers) Regulations as amended by these Regulations.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1958 No. 19, made under the Public Service Act 1922-1957, address the need for updating the regulations governing the hours of duty, meal allowances, overtime payments, and sequestration of estate for parliamentary officers. These regulations were enacted to ensure that the terms and conditions of service for parliamentary officers are clearly defined and consistently applied. The enacting body is the Federal Executive Council, on the advice of the Governor-General, with the recommendation of the President of the Senate and the Speaker of the House of Representatives. The policy objective is to establish a fair and transparent framework for the remuneration and conditions of service for parliamentary officers, ensuring that they are adequately compensated for their duties, particularly during overtime and on holidays.

Scope and Application

The Public Service (Parliamentary Officers) Regulations 1958, made under the Public Service Act 1922-1957, apply to parliamentary officers, excluding Officers of the Parliamentary Library and certain Officers of the Joint House Department, within the jurisdiction of the Commonwealth of Australia. These regulations govern the hours of duty, meal allowances, overtime, and payment for duty on holidays for parliamentary officers. The amendments introduced by these regulations include changes to the normal hours of duty, the conditions under which overtime is calculated, and the payment for duty performed on holidays. Notably, the regulations specify the conditions under which officers are entitled to meal allowances and overtime payments, including adjustments based on authorised leave, holidays, and duty performed on Saturdays. The amendments also include provisions for the sequestration of estate and payment for duty on holidays, with specific rates and conditions for different categories of officers. The application of these amendments extends to periods prior to their enactment, ensuring that officers are compensated appropriately for overtime performed during that period.

Key Provisions

The Regulations under the Public Service Act 1922-1957, particularly focusing on the Public Service (Parliamentary Officers) Regulations, include several amendments primarily affecting the hours of duty, meal allowances, and overtime provisions for parliamentary officers. Regulation 8 has been amended to extend the normal hours of duty to thirty-one hours per week, which must be worked within a twelve-hour period from Monday to Friday as directed by the Permanent Head with the approval of the Parliamentary Head. Regulation 55 now provides for meal allowances to officers who remain on duty past 11:30 PM due to parliamentary sittings or approved functions, entitling them to an allowance equivalent to the cost of the meal provided at the Parliamentary Refreshment Rooms. Furthermore, Regulation 65 has been extensively amended to refine the calculation of overtime, including provisions for ignoring short periods of overtime and reducing normal hours for authorized leave or holidays. Regulation 65c introduces new provisions for payment for duty performed on holidays, with different rates depending on the time of day and whether the duty exceeds normal hours. The amendments impose specific obligations on parliamentary officers, primarily regarding their hours of duty and entitlements for overtime and meal allowances. Officers must now adhere to the adjusted normal hours of duty and seek approval for overtime payments, particularly those exceeding certain thresholds or performed on holidays. Meal allowances are contingent on remaining on duty past 11:30 PM for specified reasons, with entitlement based on the meal cost at the Parliamentary Refreshment Rooms. Additionally, officers must notify their absence on authorized leave, which impacts the calculation of their overtime pay. Breaches of these regulations could lead to various civil or administrative consequences, although the specific offences and penalties are not detailed in the text provided. The text does mention that payments exceeding certain salary thresholds require approval from the Parliamentary Head, indicating a layer of oversight and control over financial entitlements. However, the detailed legal consequences for non-compliance are not explicitly outlined in the text, leaving room for further investigation into the specific enforcement mechanisms and penalties that may apply under the broader Public Service Act 1922-1957.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Compliance Obligations; Reporting & Disclosure Obligations

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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.

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