Public Service (Parliamentary Officers) Regulations (Amendment)

Overview

The Statutory Rules 1951 No. 27 were introduced under the Public Service Act 1922-1950 to address the need for regulating overtime payments for officers of the Fourth Division of the Parliamentary Service who work beyond their regular ten-hour shifts on sitting days. Enacted by the Governor-General in Council, following the advice of the Federal Executive Council and the recommendations of the President of the Senate and the Speaker of the House of Representatives, these regulations aim to provide fair compensation for officers who work overtime during parliamentary sittings. The policy objective is to ensure that officers who exceed their standard working hours are appropriately remunerated, either through direct payment or by having their overtime hours count towards their recreation leave.

Scope and Application

The Legislative Instrument C1951L00027, made under the Public Service Act 1922-1950, pertains to amendments of the Public Service (Parliamentary Officers) Regulations. This legislative instrument applies specifically to officers of the Fourth Division of the Parliamentary Service, excluding those entitled to overtime payments under a determination made by the Public Service Arbitrator. The instrument outlines compensation for officers who perform duty for more than ten hours on a sitting day, which is defined as any day the Senate or House of Representatives meets, including any time on the following day if the meeting extends past midnight. Officers are entitled to Ten shillings if they work between ten and thirteen hours and One pound for working over thirteen hours. The regulation also provides an option for officers to elect that their overtime be considered for recreation leave instead of receiving monetary compensation. This regulation has retrospective application to duties performed on or after 22 February 1950.

Key Provisions

The main provisions of these regulations, specifically regulation 65, establish that officers of the Fourth Division of the Parliamentary Service who work more than ten hours on a sitting day are entitled to additional payments. If an officer works more than ten but less than thirteen hours on a sitting day, they are entitled to an additional payment of ten shillings. For hours worked over thirteen hours on a sitting day, the officer is entitled to an additional payment of one pound. A sitting day is defined as a day when either the Senate or the House of Representatives meets, and if the meeting extends past midnight, it includes the next day during which the officer is required to perform duty immediately after the conclusion of the meeting. Importantly, meal breaks are not counted as part of the officer’s duty period. These regulations impose specific obligations on officers of the Fourth Division of the Parliamentary Service. They must be compensated according to the specified rates if they work beyond the ten-hour mark on a sitting day. Officers also have the option to forgo these additional payments if they prefer that their overtime be considered in the calculation of their recreation leave. An election to forgo these payments must be made within two weeks of the regulation’s notification date for existing officers, or within two weeks of their appointment for new officers, and must be renewed annually in January. The regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the imposition of financial penalties for non-compliance could be inferred as the regulations clearly define compensation requirements for overtime work. Any failure to adhere to these payment stipulations could potentially lead to disputes or legal action regarding compensation. The precise consequences and penalties for non-compliance would likely be governed by broader provisions within the Public Service Act 1922-1950 or other related legislative instruments, but these are not detailed within the provided text of the regulations.