COMMONWEALTH PUBLIC SERVICE.
No. 5 of 1902.
An Act for the regulation of the Public Service.
[Assented to 5th May, 1902.]
BE it enacted by the King’s Most Excellent Majesty the Senate and the House of Representatives of the Commonwealth of Australia as follows:—
Short title.
1. This Act may be cited as the Commonwealth Public Service Act 1902 and shall come into operation on a date to be fixed by proclamation.*
Interpretation.
2. In this Act the following expressions shall unless the contrary intention appears have the meanings hereby respectively assigned to them namely:—
V. 4.
(a) “Permanent Head” means the Permanent Head of the Department wherein is employed any officer in connexion with whom the term is used or is applicable;
(b) “Chief Officer” means the Chief Officer in a State of the Department in such State wherein is employed any officer in connexion with whom the term is used or is applicable;
V. 4.
(c) “Officer” means any person employed in any capacity in the Public Service of the Commonwealth whether appointed or transferred thereto before or after the commencement of this Act;
(d) “State” includes colony which has become a State;
First Schedule.
(e) “Department” means any Department specified in the First Schedule to this Act and any Department at any time established by the Governor-General; and
(f) “Prescribed” means prescribed by this Act or any regulation thereunder.
Non-application of Act to certain officers.
N.S.W. 1895 s. 3.
V. 1890 s. 3.
S.A. 1874 s. 3.
3. Unless otherwise expressly provided this Act shall not apply to—
any Justice of the High Court of Australia; or
any member of the Inter-State Commission; or
the Auditor-General; or
any honorary officer; or
any officer the right to appoint whom is not vested in the Governor-General; or
any officer remunerated by fees allowances or commission only; or
any examiner under this Act who is not an officer; or
* Proclaimed to commence 1st January, 1903. See Gazette, 31st December, 1902.
any person employed in the Naval or Military Defence Forces only; or
any officer or class of officers to whom or to which on the recommendation of and for special reasons assigned by the Commissioner the Governor-General declares that the provisions of this Act shall not apply.
Division of Act.
4. This Act is divided into five Parts, namely—
Part I.— Administration.
Part II.— Divisions of Public Service and Appointments.
Part III.— Internal Administration.
Part IV.— Life Assurance.
Part V.— Miscellaneous.
Part I.—Administration.
Public Service Commissioner and Inspectors.
Appointment of Public Service Commissioner and Inspectors.
Additional duties.
N.S.W. 1895 s. 5 (1).
Q. 1896 s. 62.
5.—(1.) For the purposes of this Act the Governor-General may from time to time appoint some fit and proper person to be Public Service Commissioner and not exceeding six…
Overview
The Commonwealth Public Service Act 1902 was enacted to regulate the Public Service of the Commonwealth, addressing the need for a structured and efficient administrative framework following the establishment of the Commonwealth of Australia. This Act was enacted by the Parliament of Australia and its primary policy objective was to establish a well-organised and efficient public service system, ensuring that the operations and administration of the new Commonwealth were conducted in a systematic and professional manner. The Act delineates the roles, responsibilities, and operational protocols for various public service positions, including the appointment, classification, and disciplinary processes for public servants. It also provides for the management of public service divisions, the assurance of life insurance for public servants, and the handling of various administrative procedures such as leave, holidays, and the retirement of officers.
Scope and Application
The Commonwealth Public Service Act 1902 regulates the Public Service of the Commonwealth in Australia. It applies to all officers employed in any capacity in the Commonwealth Public Service, except those specifically excluded from its purview. These exclusions include Justices of the High Court, members of the Inter-State Commission, the Auditor-General, honorary officers, and certain other specified categories such as examiners under the Act and officers remunerated solely by fees, allowances, or commission. Furthermore, the Act does not apply to officers employed exclusively in the Naval or Military Defence Forces, or to any officers to whom the Governor-General declares, on the recommendation of the Commissioner, that the provisions of the Act shall not apply. The Act governs the administration, division, and appointments within the Public Service, as well as the conduct, discipline, and disciplinary actions against officers. It outlines the process for appointments, promotions, transfers, and the conditions under which officers may be suspended, removed, or retired. The Act also details the powers and duties of the Public Service Commissioner and Inspectors, the creation and abolition of offices, and the handling of offences and misconduct by officers. It extends to all officers in the Commonwealth Public Service and is subject to regulations made by the Governor-General for the implementation of its provisions.
Key Provisions
- The Commonwealth Public Service Act 1902 outlines the establishment and regulation of the Commonwealth Public Service. The Act is structured into five main parts: Administration, Divisions of Public Service and Appointments, Internal Administration, Life Assurance, and Miscellaneous provisions.
- The main operative sections of the Act establish the framework for the Public Service, including the appointment of the Public Service Commissioner and Inspectors (Section 5), the duties and powers of these officials (Sections 8 and 10), and the reporting requirements for the Commissioner (Section 11). It also details the divisions within the Public Service (Section 15) and the classification and grading of officers (Sections 19-25). The Act further outlines the appointment process, including examinations and probation periods (Sections 26-34), and the conditions for temporary employment (Section 40).
- The Act imposes several obligations on the parties it governs. For instance, the Public Service Commissioner and Inspectors are required to inspect departments, examine officers, and report to the Governor-General (Section 8). Officers must adhere to the provisions of the Act, including maintaining their fitness to serve and avoiding conflicts of interest (Sections 79 and 80). The Commissioner must recommend changes in the division, class, or grade of officers and keep records of such classifications (Section 9).
- The Act also delineates various offences and penalties for breaches. Officers found guilty of offences such as wilful disobedience, negligence, or disgraceful conduct may face penalties including reprimand, fine, suspension, or dismissal (Sections 46-49). Additionally, officers who are unfit to discharge their duties may be transferred or required to retire (Section 65). Financial penalties imposed on officers are to be deducted from their salaries (Section 67). Failure to comply with the Act can result in severe consequences, including forfeiture of office and disqualification from future public service roles.
- Overall, the Commonwealth Public Service Act 1902 provides a comprehensive legislative framework for the administration, classification, and discipline of officers within the Commonwealth Public Service, ensuring efficient and effective governance through clear mandates and accountability mechanisms.
- Area of Law
- Administrative Law
- Public Administration
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegation & Subordinate Legislation
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
- Penalties
