Public Service Regulations (Amendment)

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STATUTORY RULES

1971 No. 175

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REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*

THE PUBLIC SERVICE BOARD, acting, in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this ninth day of December, 1971.

Chairman.

Commissioner.

Commissioner

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this sixteenth day of December, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Attorney-General for and on behalf of the Prime Minister.

———

Amendments of the Public Service Regulations†

Parts.

1. Regulation 2 of the Public Service Regulations is amended by omitting the words—

“Part IV.—Salaries payable to Officers of the Second Division, Third Division or Fourth Division (Regulations 104-106).

Part V.—Variations of Salaries of Officers of the Second, Third and Fourth Divisions (Regulation 106a).

Part VIa.—Salaries payable to Officers appointed as Unattached Officers (Regulation 106b).”.

Interpretation.

2. Regulation 3 of the Public Service Regulations is amended by omitting sub-regulation (2.).

 

*Notified in the Commonwealth Gazette on  1971.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations, see footnote † Statutory Rules 1971, No. 3, and see also Statutory Rules 1971, Nos. 3, 4, 12, 13, 17, 19, 20, 25, 33, 34, 42, 47, 48, 49, 52, 68, 69, 82, 83, 84, 87, 88, 90, 91, 111, 124, 133.

19384/71—Price 10c 9/3.12.1971

Salary for purposes of furlough.

3. Regulation 62 of the Public Service Regulations is amended by omitting paragraphs (k) and (l) of sub-regulation (1.) and inserting in their stead the following paragraphs:—

“(ja) allowance payable under sub-regulation (3.) of regulation 8 of the Public Service (Salaries) Regulations;

(k) allowances referred to in the Second Schedule to the Public Service (Salaries) Regulations;

(l) allowances referred to in the Fourth Schedule to the Public Service (Salaries) Regulations;”.

Calculation of pay for duty on holiday.

4. Regulation 63 of the Public Service Regulations is amended—

(a) by omitting paragraph (b) of sub-regulation (4.) and inserting in its stead the following paragraph:—

“(b) the hourly rate of salary for the purposes of this regulation shall not exceed the rate ascertained in accordance with sub-regulation (2.) of this regulation for an officer who is in receipt of salary at the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 4 office.”;

(b) by omitting from sub-regulation (5.) the words “a male officer whose salary exceeds $6,123.00 per annum or a female officer whose salary exceeds $5,721.00 per annum in consequence of his or her” and inserting in their stead the words “an officer who occupies or performs the duties of an office the rate, or minimum rate, of salary for which exceeds the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 8 office in consequence of his”; and

(c) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) In this regulation, ‘annual salary’, in relation to an officer, includes an allowance payable to the officer in accordance with regulation 94a of these Regulations.”.

Recording a payment for overtime.

5. Regulation 67 of the Public-Service Regulations is amended—

(a) by omitting sub-regulation (6aa.);

(b) by omitting sub-regulation (6b.) and inserting in its stead the following sub-regulation:—

“(6b.) The minimum rate of overtime payment is $0.20 per hour and the maximum rate of overtime payment is a rate equal to the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 4 office. ”;

(c) by omitting sub-regulations (6c.) and (6d.);

(d) by omitting from sub-regulation (13.) the word “Officers” and inserting in its stead the words “An officer”; and

(e) by omitting paragraphs (a) and (b) of sub-regulation (13.) and inserting in their stead the following paragraphs:—

“(a) occupying or performing the duties of an office the rate, or minimum rate, of salary for which exceeds the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 8 office;

(b) stationed at a lighthouse;”.

Travelling time.

6. Regulation 69 of the Public Service Regulations is amended by omitting the words “Where a male officer who is in receipt of a salary at a rate not exceeding $4,328.00 per annum or a female officer who is in receipt of a salary at a rate not exceeding $3,926.00 per annum” and inserting in their stead the words “Where an officer who is in receipt of salary at a rate not exceeding $6,417.00 per annum”.

Sunday duty.

7. Regulation 70 of the Public Service Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (5.) all words after the word “officer” (first occurring) to the end of the paragraph and inserting in their stead the words “who occupies or performs the duties of an office the rate, or minimum rate, of salary for which exceeds the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 8 office.”; and

(b) by omitting sub-regulation (5a.) and inserting in its stead the following sub-regulation:—

“(5a.) For the purposes of this regulation, the hourly rate of salary shall not exceed the hourly rate of salary of an officer who is in receipt of salary at the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 4 office.”.

Reimbursement of fares upon change of location of branch, &c.

8. Regulation 79C of the Public Service Regulations is amended by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(a) if the officer is in receipt of salary at a rate exceeding the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 4 office; or”.

Class of travelling accommodation to be provided.

9. Regulation 84 of the Public Service Regulations is amended by omitting from sub-regulation (1.) the symbol and figures “$2,614.00” and inserting in their stead the symbol and figures “$3,103.00”.

Higher duties allowance.

10. Regulation 87 of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (3.) all words before the word “then” and inserting in their stead the words “Where an officer performs, for a period of less than a week, the duties of a higher office, being an office the rate, or maximum rate, of salary for which exceeds the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 2/3 office,”;

(b) by omitting sub-regulation (12.) and inserting in its stead the following sub-regulation:—

“(12.) The date from which an increment in an allowance is payable to an officer under this regulation is not affected by an alteration of the classification of the higher office the duties of which are performed by the officer, being an alteration in relation to which a notice is published in the Gazette under sub-section (4.) or (5.) of section 29 of the Act.”; and

(c) by omitting sub-regulations (18.), (24.) and (25.).

Allowance to married minors.

11. Regulation 87b of the Public Service Regulations is amended by omitting sub-regulation (1a.) and inserting in its stead the following sub-regulation:—

“(1a.) For the purposes of the last preceding sub-regulation, ‘actual salary’, in relation to an officer, includes an allowance payable to the officer in accordance with regulation 94a of these Regulations.”.

Living out allowance—Nursing staff.

12. Regulation 96a of the Public Service Regulations is amended by omitting the definition of “office to which this regulation applies” and inserting in its stead the following definition:—

“‘office to which this regulation applies’ means any of the following offices:’—

Matron, Grade 1

Matron, Grade 2

Matron, Grade 3

Matron, Grade 4

Matron, Grade 5

Matron, Grade 6

Matron, Grade 7

Nurse (Male)

Senior Nurse (Male)

Tutor Nurse (Male)

Sister

Senior Sister

Tutor Sister

Senior Tutor Sister, Grade 1

Senior Tutor Sister, Grade 2.”.

Allowances in lieu of quarters to Postmasters.

13. Regulation 97a of the Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “or Postmistress”; and

(b) by omitting from that sub-regulation the words “or herself”.

Partial reimbursement of fares of certain officers.

14. Regulation 98aa of the Public Service Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) The next succeeding sub-regulation applies to—

(a) an unmarried officer who has attained the age of twenty-one years; or

(b) an unmarried officer who is under the age of twenty-one years and is not in receipt of salary at a rate prescribed as payable to an officer under that age.

“(1a.) Where an officer to whom this sub-regulation applies—

(a) is stationed in Canberra;

(b) is in receipt of salary at a rate not exceeding—

(i) in the case of a male officer—the rate specified in Part VII. of the First Schedule to the Public Service (Salaries) Regulations (in the fourth column) in relation to a male officer whose age is twenty years and who occupies an office specified in Item 1 of that Part (in the second column); or

(ii) in the case of a female officer—the rate specified in Group 400 in Part II. of the Third Schedule to those Regulations in relation to the office of Stenographer, Grade 2; and

(c) travels, while on recreation leave, from Canberra to the home of his parent or guardian,

the officer may be reimbursed the amount (if any) by which the fare of the officer to and from the locality in which the home of his parent or guardian is situated exceeds $15.00.”.

Allowance—Sunday or holiday duty.

15. Regulation 99 of the Public Service Regulations is amended by omitting the words “is in receipt of salary exceeding $6,123.00 per annum in the case of a male officer and $5,721.00 per annum in the case of a female officer” and inserting in their stead the words “occupies or performs the duties of an office the rate, or minimum rate, of salary for which exceeds the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 8 office”.

Repeal.

16. Parts IV, V. and VIa. of the Public Service Regulations are repealed.

Prescribed rate of salary for purpose of section 50 (1a.).

17. Regulation 109ca of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

“109ca. For the purpose of paragraph (a) of sub-section (1a.) of section 50 of the Act, the rate of salary is the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 2/3 office.”.

Promotion on basis of senior efficient officer available.

18. Regulation 109g of the Public Service Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The following offices are prescribed offices for the purposes of subsection (3a.) of section 50 of the Act:—

Assistant, Grade 1

Assistant, Grade 2

Clerical Assistant, Grade 1

Hospital Assistant, Grade 2

Labourer

Lift Attendant

Lineman, Grade 2

Mail Officer

Orderly, Grade 1

Postal Officer, Grade 1

Postman

Quarantine Assistant, Grade 1

Storeman

Stores Assistant

Telephonist.”.

Maximum salary for purpose of certain appeals.

19. Regulation 109h of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

“109h. For the purpose of sub-section (8b.) of section 50 of the Act, the maximum rate of salary is the rate specified in the third column of Part II. of the First Schedule to the Public Service (Salaries) Regulations in relation to a Class 8 office.”.

Conditions for transfer or promotion from Fourth Division to Third Division.

20. Regulation 112 of the Public Service Regulations is amended by omitting from sub-paragraph (iii) of paragraph (6) of sub-regulation (2.) the words “sub-regulation (9.) of regulation 105 of, or in Part V. of the Fourth Schedule to, these Regulations” and inserting in their stead the words “regulation 7 of, or in Part, V. of the First Schedule to, the Public Service (Salaries) Regulations”.

Schedules.

21. The First, Second, Fourth and Fifth Schedules to the Public Service Regulations are repealed.

 

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

Overview

The Public Service Regulations 1971, made under the Public Service Act 1922-1968, address gaps in the existing regulations concerning salaries, allowances, and other entitlements for public service officers. Enacted by the Public Service Board and approved by the Governor-General, these regulations aim to streamline and standardise various aspects of remuneration and conditions of service within the public sector. The policy objective is to ensure that public service officers receive fair and consistent treatment in matters of pay and allowances, thereby maintaining transparency and equity in the public service framework. The regulations also seek to simplify the salary structure and eliminate outdated provisions to better align with contemporary public service needs.

Scope and Application

The Statutory Rules 1971 No. 175, which are regulations under the Public Service Act 1922-1968, apply to officers of the public service in Australia. These regulations were made by the Public Service Board and have been approved by the Governor-General. The regulations primarily affect the salary and allowances of public service officers, as well as certain conditions of their employment. This includes matters such as the calculation of pay for duty on holidays, the rates of overtime payments, and allowances for duties performed on Sundays or public holidays. The regulations also detail the rates of salary for various classes of offices within the public service and modify the provisions regarding the higher duties allowance, living out allowance for nursing staff, and allowances in lieu of quarters for Postmasters. The regulations repeal certain parts and schedules of the previous Public Service Regulations, including those related to salaries of officers in the Second, Third and Fourth Divisions, and Unattached Officers. The regulations are applicable across the Commonwealth of Australia and are enforced through subordinate instruments, which may further extend or restrict their application.

Key Provisions

The main operative sections of these Regulations pertain to amendments of the Public Service Regulations (sections 1 to 21). These amendments primarily involve the removal or modification of various parts and sections, including Parts IV, V, and VIa, as well as certain sub-regulations and schedules. For instance, section 3 amends Regulation 62 by omitting certain paragraphs and inserting new ones, while section 16 repeals Parts IV, V, and VIa of the Public Service Regulations. Additionally, sections 17 and 19 introduce new regulations 109ca and 109h, respectively, to replace repealed regulations. The Regulations impose several obligations and requirements on the parties or entities they govern. For example, Regulation 62(1) now requires the inclusion of specific allowances when calculating salary for furlough purposes. Moreover, Regulation 67(6b) sets the minimum and maximum rates of overtime payment for public service officers. Furthermore, Regulation 79C(2)(a) outlines the conditions under which an officer is eligible for reimbursement of fares upon a change of location of a branch or office. The Regulations also establish various offences, penalties, or civil/criminal consequences for breaches. However, the specific penalties for breaches are not mentioned in the provided text. It is essential for the governed parties or entities to adhere to these Regulations to avoid any potential consequences or penalties that may result from non-compliance.

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