STATUTORY RULES.

1952. No. 54.

REGULATIONS UNDER PUBLIC SERVICE ACT 1922-1951.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Public Service Act 1922-1951.

Dated this twenty-seventh day of June, 1952.

W.J. McKELL

Governor-General.

By His Excellency’s Command,

Acting Prime Minister.

AMENDMENTS OF THE PUBLIC SERVICE (PARLIAMENTARY OFFICERS) REGULATIONS.†

Definitions.

1. Regulation 4 of the Public Service (Parliamentary Officers) Regulations is amended by inserting, before the definition of “the Act”, the following definitions:—

“ ‘officer’ means an officer of the Parliamentary Service;

“ ‘sessional week’ means a week during which the Senate or the House of Representatives meets;”.

2. Regulation 8 of the. Public Service (Parliamentary Officers) Regulations is repealed and the following regulations are inserted in its stead:—

Hours of duty—Officer other than Officers of the Parliamentary Library and certain Officers of the Joint House Department.

“8.—(1.) In this regulation, ‘officer’ means an officer other than—

(a) an officer of the Parliamentary Library;

(b) an officer of the Joint House Department who occupies an office of clerk or typist; or

(c) an officer who occupies an office specified in sub-regulation (1.) of regulation 8B of these Regulations.

“(2.) The normal hours of duty of an officer shall be—

(a) thirty hours per week in a week which is not a sessional week; and

(b) forty-three and one half hours per week in a week which is a sessional week.

* Notified in the Commonwealth Gazette on ,1952.

† Statutory Rules 1941, No. 18, as amended by Statutory Rules 1941, No. 309; 1942, No. 249; 1947, Nos. 13, 62, 154 and 165; and 1951, Nos. 26, 27, 78 and 117.

1086.—PRICE 8D. 10/12.5.1952

“(3.) The normal hours of duty shall be worked by an officer during such periods on each day of the week from Monday to Friday (inclusive) as are directed by the Permanent Head with the approval of the Parliamentary Head.

“(4.) The Permanent Head may require the attendance, in rotation, of an officer of a class of officers for duty on a Saturday morning and an officer who performs duty on a Saturday morning as a result of such a requirement shall be allowed time off equal to the time for which the officer performs duty on that morning.

“(5.) Time off duty allowed in pursuance of the last sub-regulation shall, if practicable, be allowed during the week immediately following the Saturday on which the duty is performed.

“(6.) The Permanent Head may require an officer to perform duty during hours or on a day other than when an officer is required to perform his normal hours of duty.

“(7.) If, in the period of five years immediately preceding the first day of January in any year, the number of weeks during which either House, or both Houses, of the Parliament, has met is less than one hundred and eight weeks or exceeds one hundred and twenty-seven weeks, the preceding provisions of this regulation shall apply in that year as if the number of hours specified in the second column of the table in this regulation opposite to the group of weeks, specified in the first column of that table, within which that number of weeks is included was substituted for forty-three and one-half hours.

Hours of duty— Officers of the Parliamentary Library and certain Officers of the Joint House Department.

“8A.— (1.) In this regulation, ‘officer’ means—

(a) an officer of the Parliamentary Library; or

(b) an officer of the Joint House Department who occupies an office of clerk or typist.

“(2.) The normal hours of duty of an officer shall be thirty-six and three-quarters hours per week.

“(3.) The normal hours of duty shall be worked by an officer—

(a) from nine o’clock in the morning to four forty-five o’clock in the afternoon on each day of the week from Monday to Friday (inclusive) and from nine o’clock in the morning to noon on Saturday;

(b) for such periods of time between the hours of eight o’clock in the morning and six o’clock in the afternoon on each day of the week from Monday to Friday (inclusive) as the Permanent Head directs in relation to an officer or class of officers; or

(c) where the nature of the duties of an officer or a class of officers does not permit of attendance for duty as prescribed by the last two preceding paragraphs, for such other period of time as the Permanent Head directs,

with an interval of one hour for luncheon on each day from Monday to Friday (inclusive).

“(4.) Where the Permanent Head has given a direction under the last preceding sub-regulation that the normal hours of duty of a class of officers shall be worked from Monday to Friday (inclusive) but requires the attendance, in rotation, of an officer of that class for duty on Saturday mornings, an officer of that class who performs duty on a Saturday as a result of such a requirement shall be allowed time off equal to the time for which the officer has performed duty on the morning.

“(5.) Time off duty allowed in pursuance of the last preceding sub-regulation shall, if practicable, be allowed during the week immediately following the Saturday on which duty is performed.

“(6.) The Permanent Head may direct an officer to perform duty during hours other than the officer’s normal hours of duty.

Hours of duty—Other officers of the Fourth Division.

“8B.—(1.) In this regulation, ‘officer’ means an officer who occupies an office of—

(a) Deputy Housekeeper;

(b) Senior Cleaner;

(c) Cleaner;

(d) Foreman Painter;

(e) Painter;

(f) Maintenance Officer;

(g) Carpenter;

(h) Nightwatchman;

(i) Guard;

(j) Foreman Gardener; or

(k) Gardener.

“(2.) The normal hours of duty of an officer shall be forty hours per week.

“(3.) The normal hours of duty shall be worked by an officer during such periods as are directed by the Permanent Head with the approval of the Parliamentary Head.

“(4.) The Permanent Head may direct an officer to perform duty during hours other than the officer’s normal hours of duty.”.

3. Regulation 65 and 65A of the Public Service (Parliamentary Officers) Regulations are repealed and the following regulations inserted in their stead:—

Overtime.

“65.—(1.) In this regulation, ‘overtime’ means—

(a) in the case of an officer defined by regulation 8 of these Regulations—duty (not being duty for which time off duty is allowed under sub-regulation (4.) of regulation 8 of these Regulations)—

 (i) in excess of thirty-one and a quarter hours in a week which is not a sessional week; or

(ii) in excess of forty-three and one-half hours (or such other number of hours as is substituted therefor by reason of the operation of sub-regulation (7.) of regulation 8 of these Regulations) in a week which is a sessional week;

(b) in the case of an officer defined by regulation 8A of these Regulations whose normal hours of duty are worked from Monday to Friday (inclusive) in each week—duty—

  (i) before eight o’clock in the morning or after six o’clock in the afternoon on any day from Monday to Friday (inclusive);

 (ii) between eight o’clock in the morning and six o’clock in the afternoon on any day from Monday to Friday (inclusive), if the officer completes his normal hours of duty and performs duty after six o’clock in the afternoon on that day;

(iii) in excess of thirty-eight hours in the period from Monday to Friday (inclusive) in any week during the hours between eight o’clock in the morning and six o’clock in the afternoon, not being duty to which the last preceding sub-paragraph applies; or

(iv) on a Saturday, not being duty for which time off duty is allowed under sub-regulation (4.) of regulation 8A of these Regulations;

(c) in the case of an officer defined by regulation 8A of these Regulations whose normal hours of duty are worked on six days per week-duty—

  (i) before eight o’clock in the morning or after six o’clock in the afternoon on any day from Monday to Friday (inclusive);

 (ii) between eight o’clock in the morning and six o’clock in the afternoon on any day from Monday to Friday, if the officer completes his normal hours of duty and performs duty after six o’clock in the afternoon of that day;

(iii) after the completion by the officer of his normal hours of duty on a Saturday and before one o’clock in the afternoon, if the officer performs duty after one o’clock in the afternoon on that day; or

(iv) in excess of thirty-eight hours per week during the hours between eight o’clock in the morning and six o’clock in the afternoon on the days from Monday to Friday (inclusive) and between eight o’clock in the morning and one o’clock in in the afternoon on Saturday, not being duty to which sub-paragraph (ii) or sub-paragraph (iii) of this paragraph applies; or

(d) in the case of an officer defined by regulation 8B of these Regulations—duty in excess of forty hours per week.

“(2.) Where an officer performs overtime in accordance with a direction of the Permanent Head, or, if the circumstances do not permit of such a direction being given before the overtime is performed, the performance of the overtime is subsequently approved by the Permanent Head, the officer shall be paid in respect of that overtime in accordance with this regulation.

“(3.) For the purpose of payment, overtime shall be calculated to the nearest quarter of an hour of the total period of overtime worked in each fortnightly pay period.

“(4.) Subject to sub-regulations (5.) and (6.) of this regulation, the hourly rate of overtime payment shall be calculated—

(a) in the case of an officer defined by regulation 8 or 8A of these Regulations—in accordance with the following formula:—

; and

(b) in the case of an officer defined by regulation 8b of these Regulations—in accordance with the following formula:—

“(5.) The minimum rate of overtime payment shall be Two shillings per hour and the maximum rate of overtime payment shall be ascertained by calculating the rate payable to an officer in receipt of salary at the current equivalent of a salary at the rate of £812 per annum.

“(6.) The maximum amount payable in respect of overtime performed by an officer during a fortnightly pay period shall not exceed the difference between the amount of salary payable to an officer for a fortnightly pay period during which no overtime is performed and an amount calculated in accordance with the following formula:—

“(7.) For the purpose of the last preceding sub-regulation, ‘S’ is the current equivalent of a salary at the rate of £1,244 per annum in the case of a male officer and the current equivalent of a salary at the rate of £1,139 per annum in the case of a female officer.

“(8.) A male officer in receipt of a salary exceeding the current equivalent of a salary at the rate of £1,244 per annum, a female officer in receipt of a salary exceeding the current equivalent of a salary at the rate of £1,139 per annum and the occupant of the office of Housekeeper shall not be entitled to payment for overtime.

“(9.) For the purpose of ascertaining the current equivalent of a rate of salary specified in this regulation, there shall be added to, or subtracted from, the amount so specified the amount of the increase or reduction, as the case may be, made under regulation 75 of these Regulations.

“(10.) If a public holiday occurs in any week, the number of hours specified in sub-paragraph (i) or (ii) of paragraph (a), in sub-paragraph (iii) of paragraph (b), in sub-paragraph (iv) of paragraph (c), or in paragraph (d), as the case requires, of the definition of ‘overtime’ in sub-regulation (1.) of this regulation shall, in that week, be reduced by the number of hours for which an officer would have been required to attend for duty if the day on which the holiday occurs was not a holiday.

“(11.) If, in any week, an officer is absent on authorized leave, the number of hours specified in sub-paragraph (i) or (ii) of paragraph (a), in sub-paragraph (iii) of paragraph (b), in sub-paragraph (iv) of paragraph (c), or in paragraph (d), as the case requires, of the definition of overtime in sub-regulation (1.) of this regulation shall, in that week, be reduced by the number of hours for which an officer would have been required to attend for duty on the day or days on which he is so absent.

Election by certain officers not to receive payment in respect of overtime.

“65A.— (1.) An officer as defined by regulation 8 of these Regulations who is entitled to receive payment for overtime in accordance with regulation 65 of these Regulations, but desires that, instead of being paid in accordance with that regulation, the overtime performed by him be taken into account when the period of recreation leave which may be granted to him in any year is fixed, may elect not to receive payment in accordance with that last-mentioned regulation and thereupon the officer shall cease to be entitled to payment in accordance with that last-mentioned regulation in respect of that year.

“(2.) An election under the last preceding sub-regulation shall be made—

(a) in the case of a person who is an officer at the date on which this regulation is notified in the Gazette—within two weeks after that date; or

(b) in the case of a person who becomes an officer after that date —within two weeks after that date on which that person becomes an officer,

and thereafter during the month of January in each year.

Sunday duty.

“65B.—(1.) An officer who is required to perform duty on a Sunday shall be paid in respect of that duty in accordance with this regulation.

“(2.) Where the whole or any part of the duty performed by an officer on a Sunday is in excess of his normal hours of duty per week, payment for the duty performed on that Sunday shall, subject to sub-regulation (4.) of this regulation, be at twice the rate of hourly pay of the officer.

“(3.) Where an officer performs duty on a Sunday and the period of that duty and the duty performed by the officer in the six days preceding that Sunday does not exceed the officer’s normal hours of duty per week, payment for the duty performed on that Sunday shall be at the rate of one-half the rate of hourly pay of the officer.

“(4.) Where an officer performs duty on a Sunday for a full day’s duty and that duty is in excess of his normal hours of duty per week, the officer shall, if practicable, be granted a day off duty

during the five days immediately succeeding that Sunday and, if the officer is so granted a day off duty, payment for the duty performed on that Sunday shall be at one-half the rate of hourly pay.

“(5.) Subject to sub-regulations (6.), (7.), (8.) and (9.) of this regulation, the rate of hourly pay of an officer shall be ascertained in accordance with the following formula:—

“(6.) The maximum hourly pay of an officer for the purposes of this regulation shall be ascertained by calculating the hourly pay of a male officer in receipt of a salary at the current equivalent of a salary at a rate of £812 per annum or of a female officer in receipt of a salary at the current equivalent of a salary at a rate of £707 per annum, as the case requires.

“(7.) Except with the approval of the Parliamentary Head, a male officer in receipt of a salary at a rate exceeding the current equivalent of a salary at the rate of £1,244 per annum and a female officer in receipt of salary at a rate exceeding the current equivalent of a salary at the rate of £1,139 per annum is not entitled to payment for duty performed on a Sunday.

“(8.) Where an officer performs duty, in excess of the prescribed weekly hours, on a Sunday before nine o’clock in the morning or after seven o’clock in the afternoon for less than one and one-half hours, the officer shall be paid the amount he would have been paid if he had completed one and one-half hour’s duty.

“(9.) Where an officer performs duty in excess of the prescribed weekly hours, on a Sunday between nine o’clock in the morning and seven o’clock in the afternoon for less than three hours, the officer shall be paid the amount which he would have been paid if he had completed three hours’ duty.

“(10.) For the purpose of ascertaining the current equivalent of a rate of salary specified in this regulation, there shall be added to, or subtracted from, the amount so specified the amount of the increase or reduction, as the case may be, made under regulation 75 of these Regulations.

“(11.) An officer who has made an election under regulation 65A of these Regulations not to receive payment in respect of overtime performed by him shall not be entitled to payment or time off in lieu of payment, or both, under this regulation.”.

4. Part IV. of the Public Service (Parliamentary Officers) Regulations is repealed and the following Part inserted in its stead:—

“PART IV.—SALARIES.

Salaries of officers of the Second Division.

“71. For the purposes of sub-section (2.) of section 30 of the Act, the scale of rates of annual salary payable to an officer of the Second Division is that scale of the rates specified in the table in this sub-regulation which is applicable to the office occupied by the officer by virtue of its classification.

Table.

Salaries of officers of the Third Division.

“72.—(1.) For the purposes of sub-section (2.) of section 30 of the Act, the scale of rates of annual salary payable to an officer of the Third Division is, subject to this regulation, that scale of the rates specified in Table A or Table B in this sub-regulation which is applicable to the office occupied by the officer by virtue of its classification.

Table A.—Male Officers.

Table B—Female Officers.

“(2.) The minimum rate of annual salary payable to a male officer who has not attained the age of twenty-two years is as follows:—

“(3.) The minimum rate of annual salary payable to a female officer who has not attained the age of twenty-two years is as follows:—

“(4.) Where a female officer occupies an office in respect of which the scale of rates of annual salary applicable to that office by virtue of its classification is a scale of rates specified in Table A in sub-regulation (1.) of this regulation, the rates payable to the female officer in respect of that office shall each be £105 less than the rates so specified.

Salaries of officers of the Fourth Division.

“73.—(1.) For the purposes of sub-section (2.) of section 30 of the Act—

(a) the scale of rates of annual salary payable to an officer of the Fourth Division who occupies an office specified in the second column of Part I. of the Schedule to these Regulations is, the scale of rates of annual salary specified in the third column of that Part opposite to the designation of that office; and

(b) the annual rate of salary payable to an officer of the Fourth Division who occupies an office specified in the first column of Part II. of the Schedule to these Regulations is, subject to this regulation, the rate specified in the second column of that Part opposite to the designation of that office.

“(2.) The minimum annual salary payable to a female officer who has not attained the age of twenty-two years is as follows:—

The Schedule

5. The Schedule to the Public Service (Parliamentary Officers) Regulations is repealed and the following Schedule inserted in its stead:—

THE SCHEDULE.

Regulation 73.

PART I.—SCALES OF RATES OF ANNUAL SALARY PAYABLE TO CERTAIN OFFICERS OF THE FOURTH DIVISION.

THE SCHEDULE—continued.

PART I.—SCALES OF RATES OF ANNUAL SALARY PAYABLE TO CERTAIN OFFICERS OF THE FOURTH DIVISION—continued.

PART II.—RATES OF ANNUAL SALARY PAYABLE TO CERTAIN OFFICERS OF THE FOURTH DIVISION.