Public Service (Parliamentary Officers) Regulations (Amendment)

Legislation au C1972L00041 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No. 41

 

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and 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 1922-1968.

Dated this twenty-third day of March, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Member of the Federal Executive Council for and on behalf of the Prime Minister.

 

Amendments of the Public Service (Parliamentary Officers) Regulations†

Shift duty.

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

“65d.—(1.) In this regulation—

‘officer to whom this regulation applies’ means an officer or employee of the Joint House Department—

(a) who holds, or performs the duties of the office of Manager (Parliamentary Refreshment Rooms, Joint House Department); or

(b) who is under the general control or supervision of the Manager (Parliamentary Refreshment Rooms, Joint House Department), the Principal Technical Officer or the Housekeeper,

but does not include a person holding, or performing the duties of, the office of Attendant, Grade 3 or Attendant, Grade 1;

‘prescribed period’, in relation to an officer to whom this regulation applies, means a period comprising the normal hours of duty of the officer on a day.

“(2.) Subject to this regulation, where an officer to whom this regulation applies works during a prescribed period, being a period commencing or terminating after seven-thirty o’clock in the evening of a day and before six-thirty o’clock in the morning of the next following day, he shall be paid, in respect of his working during that period, additional salary at a rate equal to three-twentieths of—

(a) in the case of an officer in receipt of salary at a rate exceeding $6,016.00 per annum—that rate; or

 

* Notified in the Commonwealth Gazette on 1972.

† 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 60; 1959, No. 61; 1960, Nos. 78 and 92; 1961, No. 98; 1962, No. 6; 1963, Nos. 3, 66, 83, 119, and 123; 1964, Nos. 41, 42, 80, 132 and 148; 1965, Nos. 43, 93, 118, 150 and 181; l966, Nos. 59, 60, 92, 122, 143 and 161; 1967, Nos. 38, 73, 95 and 156; 1968, Nos. 56, 84, 93, 116, 137 and 157; 1969, Nos. 75, 173 and 174; and 1970, Nos. 27, 72 and 160.

11339/72—Price 5c  10/22.2.1972


(b) in the case of any other officer—the rate at which salary is payable to him.

“(3.) Subject to this regulation, where—

(a) an officer to whom this regulation applies works throughout each prescribed period that occurs during a period exceeding four weeks; and

(b) each prescribed period so occurring commences after seven-thirty o’clock in the evening of a day and terminates before eight o’clock in the morning of the next following day,

he shall be paid, in respect of his working during those prescribed periods, in addition to his salary for those periods and in addition to any amount payable to him under the last preceding sub-regulation for those periods, an amount calculated at the rate of three-twentieths of—

(a) in the case of an officer in receipt of salary at a rate exceeding $6,016.00 per annum—that rate; or

(b) in the case of any other officer—the rate at which salary is payable to him.

“(4.) Where an officer is entitled to payment under any of the last three preceding regulations in respect of any duty, he is not entitled to payment under this regulation in respect of that duty.

“(5.) For the purposes of ascertaining the amount payable to an officer under this regulation in respect of a fortnightly pay period, the total period during which he performed duly in respect of which he is entitled to payment in accordance with sub-regulation (2.) or (3.), respectively, of this regulation during the pay period shall be calculated to the nearest quarter of an hour.”.

(2.) Regulation 65d of the Public Service (Parliamentary Officers) Regulations, as amended by the last preceding sub-regulation, applies to and in relation to work performed by an officer to whom the regulation applies on or after the twenty-second day of February, 1972.

Second Schedule— Part I.

2.—(1.) Part I. of the Second Schedule to the Public Service (Parliamentary Officers) Regulations is amended by omitting item 38 and inserting in its stead the following item:—

“38

Nightwatchman.................

3,145–3,219–3,293”.

(2.) The scale of rates of annual salary payable to an officer who occupies the office of nightwatchman specified in item 38 of Part I. of the Second Schedule to the Public Service (Parliamentary Officers) Regulations, as amended by the last preceding sub-regulation, applies to and in relation to service in that office on or after the twenty-second day of February, 1972.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1972 No. 41 were enacted to amend the Public Service (Parliamentary Officers) Regulations under the Public Service Act 1922-1968. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council and the recommendation of the President of the Senate and the Speaker of the House of Representatives. The primary aim of these regulations was to address the issue of compensating officers and employees of the Joint House Department who work during prescribed night shift periods. The problem or gap they sought to address involved ensuring fair remuneration for those working outside the normal daytime hours, specifically those hours between seven-thirty in the evening and six-thirty in the morning. The policy objective was to provide additional compensation to those employees to recognise the inconvenience and potential hardship of night shift work. The regulations introduced a new clause, Regulation 65d, which specifies the additional salary rates for officers working during these prescribed night shift periods. It defines the term "officer to whom this regulation applies" and the "prescribed period" for which additional pay is applicable. The regulations also adjusted the salary scale for the office of nightwatchman, as reflected in the Second Schedule of the Public Service (Parliamentary Officers) Regulations. These amendments were to take effect from the twenty-second day of February, 1972, ensuring that affected officers would receive appropriate compensation for their night shift duties.

Scope and Application

The Regulations under the Public Service Act 1922-1968 specifically pertain to officers and employees of the Joint House Department who hold or perform the duties of the Manager (Parliamentary Refreshment Rooms, Joint House Department), or are under the control or supervision of the Manager, the Principal Technical Officer, or the Housekeeper, but exclude those holding or performing the duties of the office of Attendant, Grade 3 or Attendant, Grade 1. These regulations apply to work performed on or after 22 February 1972, and cover the payment of additional salary for shifts that commence or terminate between 7:30 pm and 6:30 am, as well as for shifts that extend throughout periods exceeding four weeks and commence after 7:30 pm and terminate before 8:00 am. The additional salary is calculated at a rate of three-twentieths of the officer's annual salary or, if the salary exceeds $6,016.00 per annum, three-twentieths of that rate. The amendments also adjust the scale of annual salary rates for the office of nightwatchman, applying to service from 22 February 1972 onwards. The Regulations are made under the Commonwealth authority, and their application is limited to the specified officers within the Joint House Department of the Australian Public Service.

Key Provisions

The Statutory Rules 1972 No. 41 introduces amendments to the Public Service (Parliamentary Officers) Regulations under the Public Service Act 1922-1968. Regulation 65d, inserted into the Regulations, outlines the criteria and payment conditions for officers of the Joint House Department who work during prescribed periods, specifically between 7:30 pm and 6:30 am. Officers in receipt of a salary exceeding $6,016.00 per annum are entitled to an additional payment of three-twentieths of their annual salary for work during these hours. For officers earning less than $6,016.00 per annum, the additional payment is three-twentieths of their actual salary rate. Moreover, if an officer works throughout each prescribed period that occurs over a period exceeding four weeks, they are entitled to an additional payment for those periods. However, officers are not entitled to payment under this regulation if they are already entitled to payment under other related regulations. These Regulations impose specific obligations on officers and employees of the Joint House Department who meet the criteria specified in Regulation 65d. They must ensure that their work hours are accurately recorded and that any work performed during the prescribed hours is eligible for the additional payments outlined in the regulation. The employer, in turn, must ensure that these officers receive the correct additional payments for their work during the specified hours. The Regulations also require the employer to maintain proper records of work hours and payments to comply with the provisions set forth. The Statutory Rules 1972 No. 41 do not explicitly mention any offences, penalties, or consequences for non-compliance with the regulations. However, failure to adhere to the payment provisions could potentially lead to disputes or claims from the officers concerned regarding their remuneration. It would be prudent for both the officers and the employer to ensure compliance with these Regulations to avoid any potential disputes or legal issues. The regulations focus primarily on clarifying the payment entitlements rather than prescribing penalties for non-compliance.

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