Public Service (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1976 No. 249, made under the Public Service Act 1922, were introduced by the Public Service Board to amend the Public Service (Salaries) Regulations, specifically addressing the allowances payable to certain officers and employees of Third Division. The Public Service Board, acting pursuant to the authority conferred by the Public Service Act 1922, made these regulations subject to the approval of the Governor-General. Upon approval by the Governor-General, John R. Kerr, and with the advice of the Federal Executive Council, the regulations were notified in the Australian Government Gazette on 17 November 1976 and came into operation the following day, 18 November 1976. The objective of these amendments is to clarify the eligibility criteria for allowances, ensuring that only those officers and employees who were entitled to such allowances on 18 November 1976, and who have continued in their roles, remain eligible for these payments.

Scope and Application

The Regulations under the Public Service Act 1922 apply to the officers and employees of the Commonwealth Public Service, specifically those who were covered under the previous sub-regulation (2) of the Public Service (Salaries) Regulations as of 18 November 1976 and who continue to be employed in the public service. These Regulations aim to clarify and modify the allowances payable to certain officers and employees of Third Division, ensuring that only those who met the eligibility criteria as of the specified date and continue to be employed are entitled to the specified allowances. The Regulations are issued by the Public Service Board and are subject to the approval of the Governor-General, reflecting their Commonwealth jurisdiction and the necessity for oversight by the highest federal authority. While the primary focus is on adjusting allowances within the public service, there are no explicit exclusions or exemptions detailed within these Regulations, and they do not extend beyond the Commonwealth's administrative boundaries.

Key Provisions

The main operative sections of the Statutory Rules 1976 No. 249 under the Public Service Act 1922 include amendments to the Public Service (Salaries) Regulations, particularly focusing on the allowances payable to certain officers and employees of the Third Division. Regulation 9 is amended to modify the conditions under which allowances are paid, by introducing sub-regulation (2a) that specifies the criteria for an officer or employee to be eligible for such allowances. This change involves omitting certain words from sub-regulation (2) and adding new wording to ensure clarity and precision in the eligibility criteria (Regulation 1(a) and (b)). These changes are set to come into operation on 19 November 1976, as per the commencement clause (Regulation 2). The amended regulations impose specific obligations on the Public Service Board and relevant officers and employees. The Board must ensure that the changes to the allowances are implemented in accordance with the new sub-regulation (2a), which specifies that only those officers or employees who were eligible under the previous sub-regulation (2) on 18 November 1976, and who continue to be officers or employees, are eligible for the allowances. This requirement places a duty on the Board to verify the ongoing eligibility of officers and employees, ensuring that the allowances are disbursed correctly and only to those who meet the stipulated conditions. Failure to comply with the new provisions could lead to civil or administrative consequences. For instance, if an officer or employee who does not meet the criteria for the allowance is mistakenly paid, it could result in the need for repayment and potential disciplinary action against the responsible officers. While the specific penalties for such breaches are not detailed in the regulations, the overarching framework of the Public Service Act 1922 and related legislation would likely apply, which could include fines, repayment of the incorrect allowances, or other corrective measures to rectify the error.