Public Service Regulations (Amendment)

Overview

The Statutory Rules 1971 No. 146 is a legislative instrument made under the authority of the Public Service Act 1922-1968. Enacted to address the need for amendments to the Public Service Regulations, this regulation was approved by the Governor-General and issued on 4 November 1971. The Public Service Board, acting on behalf of the Commonwealth of Australia, made these regulations to provide updated classifications and remuneration scales for clerical assistants within the public service. The policy objective of these regulations is to ensure that the remuneration for public service employees is fair and reflective of their roles and responsibilities, thereby maintaining an efficient and effective public service.

Scope and Application

The Statutory Rules 1971 No. 146, made under the Public Service Act 1922-1968, establishes regulations concerning the remuneration and grading of clerical assistants within the Commonwealth public service. These regulations apply to all clerical assistants employed by the Commonwealth government, affecting their salaries and classifications based on their grade level. The legislation applies nationally across Australia as it pertains to the Commonwealth public service, ensuring uniformity in the remuneration structure for clerical assistants throughout the country. While the primary focus of these regulations is on the financial aspects of clerical assistants' employment, they do not extend to other categories of public service employees or other industries outside the Commonwealth public service. The regulations are comprehensive in their application, setting out specific salary scales for different grade levels, but do not provide for exclusions, exemptions, or thresholds beyond the scope of the public service employment. The Public Service Board, which drafted these regulations, has the authority to extend or restrict their application through subordinate instruments, thereby allowing for adjustments and updates to the salary scales and classifications as needed.

Key Provisions

The primary operative sections of this legislation, as outlined in the First Schedule, involve amendments to Part I of the Public Service Regulations, specifically Group 84, which pertains to the pay rates for various grades of Clerical Assistants within the public service (s.1). This regulation replaces the existing Group 84 with a new set of pay scales for Clerical Assistants, ranging from Grade 1 to Grade 8. The new scales provide a clear progression in remuneration based on the grade and experience of the Clerical Assistants, which aims to ensure fair and competitive compensation within the public service sector. The obligations imposed by this regulation require public service employers to adhere to the new pay scales for Clerical Assistants as specified in Group 84. This includes ensuring that employees are compensated according to their grade and any applicable increments based on their years of service or performance. Employers must also maintain accurate records of employee classifications and salaries to ensure compliance with the new pay scales. Additionally, the regulation mandates that any disputes or grievances regarding pay should be resolved in accordance with existing public service regulations and any applicable industrial instruments or agreements. Failure to comply with the new pay scales outlined in this regulation can result in legal consequences for both employers and employees. Employers who do not adhere to the specified pay rates may face penalties or sanctions under the Public Service Act 1922-1968, which could include fines or other administrative actions. Employees who are not compensated in accordance with the new scales may have grounds to lodge a complaint or pursue legal action for underpayment. Additionally, any breaches of the regulation could lead to civil or criminal penalties, depending on the severity and intent of the non-compliance. The maximum penalties for such offences are not explicitly stated in the regulation but would be determined by relevant laws and administrative procedures.