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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations set the terms for managing Australian Parliamentary Service staff in 1940—defining duties, conduct and confidentiality, leave and sick‑leave, pay scales and cost‑of‑living adjustments, allowances (travel, vehicle, child endowment), promotions/transfers, and removal expenses. They apply to officers across the Parliamentary Departments (from clerks and reporters to attendants) and matter because they fix pay, working conditions, and disciplinary and appointment authority with the Parliamentary Head advised by Department Heads.
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Direct links to the current provisions in Commonwealth Public Service (Parliamentary Officers) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1940. No. 18.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1939.*
I, THE GOVERNOR-GENERAL of 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 Commonwealth Public Service Act 1922-1939.
Dated this Twenty third day of January, 1940.
Governor-General.
By His Excellency’s Command,
for Prime Minister.
COMMONWEALTH PUBLIC SERVICE (PARLIAMENTARY OFFICERS) REGULATIONS.
Part I.—Preliminary.
Short title.
1. These Regulations may be cited as the Commonwealth Public Service (Parliamentary Officers) Regulations.
Repeal.
Parts.
3. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Administration.
Division I.—Attendance and Duties of Officers.
Division II.—Leave of Absence and Holidays.
Division III.—Miscellaneous.
Part III.—Allowances.
Part IV.—Salaries.
Part V.—Variation of Salary—Officers of Second, Third, and Fourth Divisions.
Part VI.—Promotions and Transfers.
Part VII.—Temporary Employment.
Part VIII.—Miscellaneous.
* Notified in the Commonwealth Gazette on , 1940.
2938.—6/3.12.1940.—Price 1s. 3d.
Definitions.
4. In these Regulations, unless the contrary intention appears—
“the Act” means the Commonwealth Public Service Act 1922-1939, and if at any time that Act is amended, means that Act as so amended;
“the Parliamentary Head” means the President, or the Speaker, or the President and the Speaker, as the case may be;
“the Parliamentary Service” means the Parliamentary Departments specified in section 9 of the Act.
Application of certain Regulations.
5. The following Regulations, namely:—
(a) the Regulations contained in this Statutory Rule;
(b) any regulation made under sub-section (6.) of section 9 of the Act after the commencement of these Regulations; and
(c) Part IX. of the Commonwealth Public Service Regulations in force at the commencement of these Regulations and any amendments made to that Part after the commencement of these Regulations,
and no other regulations under the Act shall apply to officers of the Parliamentary Service.
Applications, how made.
6. The application of any officer upon any matter affecting him as an officer of the Parliamentary Service shall be made by that officer, through the head of his branch, to the Permanent Head. Where the matter is one which the officer desires shall be considered by the Parliamentary Head, the application shall be addressed to the Permanent Head, and shall be forwarded by him, with any remarks considered necessary, to the Parliamentary Head.
Part II.—Administration.
Division I.—Attendance and Duties of Officers.
Officers to acquaint themselves with Act and Regulations.
7. Officers are required to acquaint themselves with the Act and these Regulations.
Hours of attendance.
8. The hours of duty of officers of any Department of the Parliamentary Service shall be such hours as are specified from time to time by the Permanent Head of that Department and approved by the Parliamentary Head.
Records of attendances.
9.—(1.) An officer, not being an officer of the First or Second Division, and not being an officer exempted from the provisions of this regulation by the Parliamentary Head upon recommendation of the Permanent Head, shall record daily in an attendance book the actual time of his arrival on duty and his departure therefrom.
(2.) The officer in charge of each branch of a Department provided with means of record of attendance shall be responsible for their use in accordance with these Regulations.
(3.) The exemption of any officer from the obligation to record his attendance shall not be deemed to authorize that officer to absent himself from duty or to leave his office except on official business within his hours of duty.
Absence from duty during office hours.
10.—(1.) An officer shall not leave his office during office hours, except on official business or by express permission of the Permanent Head.
(2.) At the discretion of the Permanent Head, leave for such absence may be granted with or without pay, or may be deducted from recreation leave.
Absence from duty in case of illness or emergency.
11.—(1.) An officer shall not be absent from duty without proper authority, unless reasonable cause is shown.
(2.) If an officer is prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of his branch to the Permanent Head, and the officer shall furnish, in the case of illness, such evidence as is prescribed, and, in the case of emergency, such evidence as the Permanent Head considers necessary.
Responsibilities of Permanent Heads.
12. The Permanent Head shall report to the Parliamentary Head, whenever the necessity arises, any alterations which are, in his opinion, necessary or expedient for the more economical, efficient or convenient working of his Department or any branch thereof. He shall also report to the Parliamentary Head what alterations, if any, are in his opinion necessary in the salaries or allowances of any of the officers under his control, and shall bring under the attention of the Parliamentary Head any matter, whether in relation to any officer or to the work of any branch of his Department, with which he thinks it desirable for the Parliamentary Head to be acquainted.
Creation and abolition of offices.
13.—(1.) The Permanent Head shall report to the Parliamentary Head whenever he deems it advisable—
(a) to create a new office in any Division;
(b) to abolish any office; or
(c) to raise or lower the classification of any office.
(2.) Whenever an alteration is made in the duties of any office affecting the importance or character of its work, the officer responsible for the alteration shall furnish a report setting out particulars of the alteration. The report shall be made to the Parliamentary Head through the Permanent Head, who shall inform the Parliamentary Head if, in his opinion, the classification of the office should be varied consequent upon the change of duties.
Report as to officers attaining 60 years.
14. When an officer attains the age of sixty years the Permanent Head shall report to the Parliamentary Head as to the efficiency of the officer for the performance of, and his willingness to continue to perform, the duties of his classified position.
Return of officers over 60 years of age.
15.—(1.) The Permanent Head shall furnish the Parliamentary Head in the month of April in each year with a return of officers in his Department whose age is sixty years or more and a report in each case as to whether the officer performs efficiently the duties of his classified position and is willing to continue in the performance of such duties.
(2.) If the Permanent Head is of the opinion that any such officer, on account of inefficiency in the performance of the duties of his classified position, should be transferred to another position or retired, he shall recommend accordingly and state the reasons for his recommendation.
Sub-letting prohibited.
16. Officers who occupy for the purpose of residence any building occupied by the Commonwealth shall not sub-let any portion of the building without the consent in writing of the Permanent Head.
Repairs to Government buildings.
17. Officers shall be held responsible for the careful use and preservation of all Government property in their occupation, possession, custody, or care.
Maintenance of order.
18. Officers in charge of any branch of the Parliamentary Service shall be responsible for the maintenance of good order, and shall afford the utmost assistance to the Permanent Head.
Breaches of Regulations to be reported.
19. Officers in charge of branches of the Parliamentary Service shall report to the Permanent Head any breaches of these Regulations which come to their knowledge.
Report of officers incapacitated through liquor or drugs.
20. If an officer in charge or sub-charge observes at any time that any officer or employee under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor or drugs, he shall suspend him from duty, and immediately report the matter to his immediate superior officer or to the Permanent Head of his Department.
Obligations as to duty and behaviour.
21.—An officer shall—
(a) during the hours of official business devote himself exclusively and zealously to the discharge of his public duties;
(b) behave at all times with courtesy to the public, giving prompt attention to all reasonable requirements;
(c) obey promptly all instructions given to him by any officer under whose control or supervision he is placed;
(d) promptly and correctly carry out all duties appertaining to his office, or any other duty he is directed to perform; and
(e) in due course and at proper times comply with, and give effect to, all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.
Appeals against instructions.
22.—(1.) If any officer considers he has grounds of complaint arising out of an official instruction, or from any other cause, he may appeal, in regard thereto, through his immediate superior officer, to the Permanent Head, but he shall nevertheless, as far as possible, carry out any instruction given him until it is countermanded by competent authority.
(2.) If any officer, having appealed to the Permanent Head in pursuance of this regulation, is dissatisfied with the decision, the Permanent Head shall on request forward the appeal to the Parliamentary Head for determination.
Public comment on administration.
23. An officer shall not—
(a) publicly comment upon any administrative action or upon the administration of any Department; or
(b) use for any purpose, other than for the discharge of his official duties, information gained by or conveyed to him through his connexion with the Parliamentary Service.
Information not to be given.
24. Except in the course of official duty, no information concerning public business or any matter of which an officer has knowledge officially shall be given, directly or indirectly, nor shall the contents of official papers be disclosed, by an officer without the express authority of the Permanent Head.
Outside Influence.
Solicitation or acceptance of gifts.
26. An officer shall not, directly or indirectly, solicit or accept gifts or presents from any member of the public concerned, directly or indirectly, with any matter connected with the duties of the officer or in which the Commonwealth is interested:
Provided that this regulation shall not prevent the acceptance by an officer, with the permission in writing of the Permanent Head, of a public testimonial presented on retirement from the Parliamentary Service or upon removal from the locality in which he has been employed, or a presentation from fellow-officers or from a Public Service organization.
Acceptance of fees, &c.
27. An officer shall not demand, or, except with the approval of the Parliamentary Head, receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary and allowances, for services performed by him either in or out of office hours, in connexion with the Parliamentary Service.
Performance of outside work.
28. Where application is made for permission to engage in the performance of work outside the Parliamentary Service, such application shall be submitted to the Permanent Head, who shall forward it, with his report, for the consideration of the Parliamentary Head.
Borrowing between officers.
29. Any monetary transaction between officers, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or money is borrowed by senior officers from their subordinates, is forbidden.
Suspension to be reported to Parliamentary Head.
30. Upon suspension of an officer in pursuance of section 62 of the Act, the Permanent Head shall forthwith report the case to the Parliamentary Head and forward a statement of the circumstances of suspension.
Sequestration of estate.
31.—(1.) If the estate of an officer is sequestrated, either voluntarily or compulsorily, for the benefit of his creditors, he shall, in addition to compliance with the provisions of section 63 of the Act, within seven days of the date of sequestration, give to the Permanent Head written notice thereof, with a statement of the causes of his embarrassment.
(2.) The Permanent Head shall forward the notice and statement, with any remarks he desires to make thereon, to the Parliamentary Head.
(3.) Upon being granted a certificate of discharge by a Court of Bankruptcy, an officer shall submit such certificate to the Permanent Head.
Accounts and public moneys.
32. In the matter of accounts and the collection and payment of public moneys, officers shall conform strictly to the provisions of the Audit Act 1901-1934 and the regulations thereunder.
Contracts.
33. An officer shall not, unless duly authorized, incur any liability or enter into any contract on behalf of the Commonwealth or alter the terms or conditions of any approved contract.
Officers called as witnesses.
34.—(1.) An officer subpœnaed or called as a witness shall promptly notify the Permanent Head.
(2.) An officer, required as a witness on behalf of the Commonwealth, shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence, and in cases where the officer is required to travel he may be allowed his ordinary travelling allowance.
(3.) An officer subpœnaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be in the performance of his official duties, and no witness fees (other than the expenses, if any, paid by the Commonwealth for his travelling allowance) shall be charged by or paid to him on account of his being so subpœnaed or called. Any amount received by the officer, otherwise than from the Commonwealth, in respect of travelling expenses shall be paid into the Consolidated Revenue.
(4.) An officer subpœnaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees received as a witness may be retained by the officer.
Officers summoned as jurors.
35.—(1.) An officer summoned as a juror shall promptly notify the Permanent Head.
(2.) Any officer so summoned shall be granted leave of absence for the period necessary for his attendance upon the Court, and such leave shall be with full pay, less any amount received by the officer as compensation for such attendance.
(3.) This regulation shall apply to temporary employees.
Division II.—Leave of Absence and Holidays.
Recreation leave to be taken in year in which it accrues.
36. The Permanent Head shall, wherever practicable, cause such arrangements to be made as will ensure that each officer shall be granted leave of absence a
This is an opening excerpt, not the complete document.