Public Service Regulations (Amendment)

Legislation au C2004L01208 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1961. No. 68.

 

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1960.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1960, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this tenth day of May, 1961.

F. H. WHEELER

Chairman.

K. E. GRAINGER

Commissioner.

J. E. COLLINGS

Commissioner.

 

I, The Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this eleventh day of May, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

A. R. DOWNER

for Prime Minister.

 

Amendments of the Public Service Regulations.†

Parts.

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

(a) by omitting the words—

“Part VI.—Variations of Salaries of Officers of the Second, Third or Fourth Division (Regulation 106a).”

and inserting in their stead the words—

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

* Notified in the Commonwealth Gazette on 18th May, 1961.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1961, No. 35.

1232/61.—Price 3d.


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

(b) by omitting the words—

“Part XI.—Appointment of Returned Soldiers (Regulation 153).”.

Interpretation.

2. Regulation 3 of the Public Service Regulations is amended by omitting from sub-regulation (1.) the definition of “the Act” and inserting in its stead the following definition:—

“‘the Act’ means the Public Service Act 1922-1960;”.

Credit of sick leave to retired officers who are re-appointed.

3. Regulation 55 of the Public Service Regulations is amended by omitting the words “section 50 of the Superannuation Act 1922-1934” and inserting in their stead the words “section 65 of the Superannuation Act 1922-1959”.

Emergency leave.

4. Regulation 61 of the Public Service Regulations is repealed.

Sunday duty.

5. Regulation 70 of the Public Service Regulations is amended by omitting paragraph (b) of sub-regulation (5.).

Salaries payable to officers of the Second or Third Division.

6. Regulation 104 of the Public Service Regulations is amended by omitting from sub-regulation (8.) the words “appointed under section 36a of the Act, or appointed to an office in the Third Division who has qualified for admission to a degree at an Australian University or a University approved by the Board for the purposes of this sub-regulation” and inserting in their stead the words “who occupies an office in the Third Division and has been admitted, or is eligible to be admitted, to a degree of an Australian University or to a degree of an overseas University, being a degree that, in the opinion of the Board, is of a standard at least equal to the standard of a degree conferred by an Australian University”.

7. After Part VI. of the Public Service Regulations the following Part is inserted:—

“Part VIa.—Salaries Payable to Officers Appointed as Unattached Officers.

Salary payable to officer appointed as unattached officer of Second, Third or Fourth Division.

“106b.—(1.) The rate of salary payable to an unattached officer of the Second, Third or Fourth Division is, until he is transferred to an office in accordance with section 47 of the Act, the rate of salary (including any increase in that rate applicable by virtue of regulation 106a of these Regulations) that would be applicable to him if he were an officer occupying an office in that Division, being an office—

(a) that had a designation corresponding to that applicable to him as an unattached officer; and

(b) the duties applicable to which were substantially the same as those applicable to him as an unattached officer.


“(2.) Any allowance payable under Part IV. or Part V. of these Regulations to an officer occupying a particular office in a Division is payable, under the like conditions, to an unattached officer of that Division having a designation corresponding to the designation of that office.

“(3.) Sub-regulation (1.) of regulation 106a of these Regulations does not apply in relation to an unattached officer so as to increase further the rate of salary payable to him by virtue of sub-regulation (1.) of this regulation.

“(4.) In this regulation, ‘unattached officer’ means an unattached officer who was appointed to the Service as an unattached officer.”.

Seniority.

8. Regulation 110 of the Public Service Regulations is amended by omitting from paragraph (i) of sub-regulation (7.) the word and figures “section 42, 44, 46” and inserting in their stead the word and figures “section 47b”.

Conditions of transfer from Fourth Division to Third Division.

9.—(1.) Regulation 112 of the Public Service Regulations is amended by omitting paragraph (a) of sub-regulation (1.).

(2.) Notwithstanding the amendment made by the last preceding sub-regulation or anything contained in regulation 112 of the Public Service Regulations, an officer of the Fourth Division, being a returned soldier, who—

(a) was, immediately before the date of commencement of this regulation, an applicant for transfer to an office of Clerk in the Third Division; and

(b) had, before that date—

(i) passed an examination referred to in sub-regulation (1.) of regulation 153 of the Public Service Regulations as in force immediately before that date; or

(ii) passed, in the same year, in any four or more of the subjects of an examination referred to in sub-regulation (2.) of that regulation as so in force,

may be transferred to an office of Clerk in the Third Division, being an office the minimum and maximum of the scale of rates of annual salary of which are £400 and £968, respectively.

(3.) The provisions of sub-regulations (5.) and (7.) of regulation 112 of the Public Service Regulations apply in relation to the transfer of an officer to the Third Division in pursuance of the last preceding sub-regulation.

Repeal of Part XI.

10. Part XI. of the Public Service Regulations is repealed.

Repeal of Fourth Schedule.

11. The Fourth Schedule to the Public Service Regulations is repealed.

 

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

Overview

The Statutory Rules 1961, No. 68, which consists of Regulations under the Public Service Act 1922-1960, was enacted to refine and update the existing administrative framework for the Commonwealth Public Service. This legislative instrument was created by the Public Service Board and approved by the Administrator of the Government of the Commonwealth of Australia with the advice of the Federal Executive Council. The amendments address specific areas such as variations in salary for officers, the inclusion of unattached officers' salaries, and the conditions of transfer for returned soldiers. The overarching policy objective of these regulations is to ensure a streamlined and efficient public service by providing clear guidelines and adjustments to existing policies and procedures, thus enhancing the overall administration and management of public service officers. These regulations aim to address gaps and inconsistencies within the existing Public Service Regulations by making targeted amendments, such as updating salary variations, clarifying definitions, and repealing outdated provisions. This ensures that the public service remains effective and responsive to the needs of the officers and the government. The amendments reflect an effort to modernise the administrative practices within the public service, ensuring that they align with the current standards and requirements.

Scope and Application

The Regulations under the Public Service Act 1922-1960 apply to the Commonwealth public service, specifically impacting officers within various divisions. These regulations were made by the Public Service Board and approved by the Administrator of the Government of the Commonwealth of Australia. The amendments cover changes to the interpretation of the Act, modifications to salary structures for officers in the Second, Third, and Fourth Divisions, and the introduction of provisions for unattached officers. Additionally, certain regulations related to the appointment of returned soldiers and emergency leave are repealed or amended. The geographic and jurisdictional reach of these regulations is national, affecting public service officers across Australia. The regulations extend and restrict application primarily through subordinate instruments, with specific amendments noted in the text.

Key Provisions

The primary operative sections of these Regulations under the Public Service Act 1922-1960 include amendments to existing regulations concerning the variations of salaries for officers in the Second, Third, and Fourth Divisions (Regulation 106a), salaries payable to officers appointed as unattached officers (Regulation 106b), and the repeal of regulations related to emergency leave (Regulation 61) and Sunday duty (Regulation 70(b)). Additionally, the Regulations introduce new provisions on crediting sick leave to retired officers who are re-appointed (Regulation 55) and modify the conditions for seniority (Regulation 110) and transfer from the Fourth Division to the Third Division (Regulation 112). These Regulations impose specific obligations and requirements on public service officers and the Public Service Board. For instance, they mandate that unattached officers of the Second, Third, or Fourth Divisions receive a salary rate equivalent to that of a regular officer occupying a similar office, until they are transferred to a substantive position (Regulation 106b). Furthermore, officers must meet certain criteria to be eligible for transfer from the Fourth Division to the Third Division, such as passing relevant examinations (Regulation 112). The Regulations also require the Board to credit sick leave to retired officers who are re-appointed (Regulation 55) and to adjust the definition of "the Act" to refer specifically to the Public Service Act 1922-1960 (Regulation 3). The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, given the statutory context, non-compliance with these Regulations could potentially lead to administrative actions, such as disciplinary measures or corrective orders, under the overarching Public Service Act 1922-1960. The severity of such consequences would depend on the nature and extent of the breach, and could include financial penalties, job suspensions, or other administrative sanctions as deemed appropriate by the Public Service Board.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Salaries payable to officers of the Second or Third Division

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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.