Commonwealth Public Service Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1908. No. 91.

 

PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Public Service Act 1902 should come into immediate operation, and make the Regulations to come into operation forthwith as “Provisional Regulations.”

Dated this thirteenth day of August, One thousand nine hundred and eight.

NORTHCOTE,

Governor-General.

By His Excellency’s command,

J. H. KEATING,

Minister of State for Home Affairs.

 

Regulations 30, 57, 89, 89a, and 268, made under the provisions of the Commonwealth Public Service Act 1902, are repealed, and new Regulations in the following terms are substituted in lieu thereof; also a new Regulation 90 is hereby made.

Creation of New Offices, etc.

30. The Permanent Head of each Department shall report to the Commissioner whenever it is deemed advisable—

(a) to create a new office in any division in the Department under his control;

(b) to abolish any office in his Department;

(c)to raise or lower the classification or grading of any office the duties of which have been materially changed.

On receiving the report of the Permanent Head, the Commissioner may make a recommendation on the subject to the Governor-General. Provided, however, that where, under section 13 (2) of the Act, the Permanent Head has assigned to the Chief Officer, either generally or in any particular cases or classes of cases, power and authority to report in respect of any of the matters specified in section 41, the Chief Officer shall himself report accordingly, and such report shall be sent to the Inspector for transmission to the Commissioner.

Increases and Increments.

57. All increments shall be discretionary, and subject to the approval of the Commissioner and to the necessary appropriation by Parliament.

Increments shall be payable from the first day of the month following the date they accrue.

C.9943.—Price 3d.

Where an officer receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.

All departmental recommendations for increments shall be forwarded by the Chief Officer to the Inspector for transmission to the Commissioner.

Furlough.

89. Leave of absence may be granted by the Governor-General, on the recommendation of the Commissioner, to any officer who has continued in the service of the Commonwealth, or, in the case of officers transferred, in the service of a State and the Commonwealth, at least twenty years, for a period not exceeding twelve months on half pay, or six months on full pay, but during such period of absence such officer shall not be entitled to receive any addition to his rate of pay. No such leave of absence shall be granted to any officer who has been at any time reduced for misconduct or deprived of leave of absence as a punishment for an offence.

89a. To officers of meritorious service, prior to their retirement at the age of sixty-five years, who are not entitled to the furlough prescribed in Regulation 89, the Governor-General may, upon the recommendation of the Commissioner, grant leave of absence with full pay as follows:—

Service of 16 years and under 20 years		…	5  months.
,, 12 ,,	16 ,,	…	4 ,,
,, 8 ,,	12 „	…	3 ,,
,, 4 ,,	8 ,,	…	2 ,,
Service of less than	4 ,,	…	1  month.

90. The Chief Officer shall report upon all applications for furlough, and shall forward same to the Inspector for transmission to the Commissioner.

268. (1) On admission or proof of the charges, the Permanent Head, on the recommendation of the Chief Officer, may—

(a) impose a penalty upon the officer offending; or

(b) deprive him of his leave of absence during a specified period; or

the Commissioner may, according to the nature of the offence, reduce the offending officer to a lower class or grade and salary or wages; or the Governor-General may—

(a) dismiss the accused officer from the Public Service; or

(b) require him to resign.

(2) In cases where a reduction in status or salary, dismissal, or enforced resignation is recommended, such recommendation, together with all necessary papers, shall be sent to the Inspector for transmission to the Commissioner, whose decision shall be forwarded to the Permanent Head. Provided, however, that where any question of criminal prosecution by the Department is involved, such recommendation and papers shall, after being submitted to the Inspector for perusal, be forwarded by the Chief Officer to the Commissioner through the Permanent Head.

 

By Authority: J. Kemp, Government Printer, Melbourne.