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

STATUTORY RULES.

1908. No. 90.

 

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.

 

AMENDMENT OF PUBLIC SERVICE REGULATIONS.

Regulations 51, 86, 159 to 161 inclusive, and 163 to 166 inclusive, made under the provisions of the Commonwealth Public Service Act 1902, are hereby repealed, and new Regulations in the following terms are made in lieu thereof:—

51. Transfers from one position temporarily to another for a period exceeding three months shall be submitted to the Public Service Inspector for approval.

86. Officers stationed in places remote from large centres of population, or whose duties cannot ordinarily be performed within usual regular hours, and when no compensation in time or money has been given for the extra time worked, may be granted by the Chief Officer twenty-four days’ leave of absence in any year, exclusive of Sundays, for recreation purposes. Provided that—

(a)Should an officer in a remote district not avail himself of leave in any year, it may be granted to him in a subsequent year in addition to the leave for that year, but the accumulated leave shall not exceed forty-eight days, exclusive of Sundays. This provision shall apply to all officers stationed in localities where, under ordinary conditions of conveyance, the time occupied on the journey from such places to the chief city of the State is in excess of three days, or where, in the opinion of the Chief Officer, the conditions are such as to warrant the granting of such leave.

(b)In very exceptional cases, special circumstances may be taken into consideration, such as excessive distance of a locality from the chief city of the State, unusually trying nature of climatic conditions, &c., and leave of absence for recreation may be allowed to accumulate for three consecutive years.

  

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(c)The Chief Officer may, in very exceptional cases, in addition to leave as above specified, grant such reasonable time for travelling, not exceeding two weeks, as circumstances warrant.

159. The actual expense incurred by officers in the hire of a private room for official purposes when travelling on specially important duties may be allowed in such cases as the Chief Officer shall determine.

160. When an officer temporarily stationed at any place and receiving a travelling allowance has to visit any other place, and thereby necessarily incurs extra personal expenses, he may be permitted to draw such additional allowance for the visit as the Chief Officer directs.

161. An officer acting for another officer shall, whilst so acting, be entitled to receive allowances on the same scale as the officer for whom he is acting. The officer relieved shall cease to draw such allowances while the relieving officer receives them, unless the Chief Officer otherwise directs.

163. Officers in receipt of commuted allowances when absent from duty, either on leave or through illness, for any period over a fortnight, shall be paid such portion only of their commuted allowances as the Chief Officer directs.

163A. Allowances may be granted, on the authority of the Chief Officer, for the cleaning and lighting of offices, such allowances not to exceed a maximum annual rate of Ten pounds for each of the services mentioned. In special cases where it may be deemed advisable to grant an allowance for the delivery of correspondence, the Chief Officer may authorize such allowance up to, but not exceeding, Six pounds per annum. The Chief Officer may also authorize the payment to officers of allowances not exceeding £4per annum in each case, for the use of bicycles for official purposes.

164. In cases where officers are required to provide horse and equipment for the performance of their duties, allowances ranging from £ 24 to £36 per annum may be allowed by the Chief Officer. Where the minimum rate is considered excessive, it may be reduced by the Chief Officer, and where the maximum rate is considered to be inadequate to meet the actual expenses of any officer, the Commissioner, on reasonable cause being shown, may authorize an increased rate. Where, by direction of the Chief Officer, more than one horse must be kept, half the prescribed allowance may be granted for each additional horse.

165. In districts where horses cannot be easily hired the Chief Officer may authorize a commuted allowance for the keep of horses.

166. Where any telegraphist is required by the Chief Officer to use a typewriter, and to provide the machine and accessories, an allowance not exceeding Fifteen shillings per month may be made by authority of the Chief Officer.

Regulation 147 of the Regulations made under the provisions of the Commonwealth Public Service Act 1902 is hereby repealed, and a new Regulation as hereunder is hereby substituted for Regulation 148:—

Procedure in Filling Staff Vacancies.

148. When a vacancy occurs in any Department, the Chief Officer shall, without delay, report such vacancy to the Inspector, stating whether, in his opinion, it is necessary that the vacancy should be filled.

General Division.

1. Where notification of the vacancy in the Gazette is required by the Commissioner, the following action shall be taken:—

(a) The Inspector shall immediately advise the Commissioner.

(b) The Commissioner will cause to be published in the Gazette a notice stating the office to be filled, the Division, grade, salary, and location of the office.

(c)Applications for the vacancy shall be addressed to the Commonwealth Public Service Inspector of the State in which the vacancy exists, and be forwarded through the Chief Officer of the Department to which the applicant belongs.

(d)The Inspector, after conferring with the Chief Officer as to the qualifications of the applicants and as to any changes consequent upon the filling of the vacancy, shall forward the applications, together with a report, to the Commissioner for determination. If, after conference, the Inspector and the Chief Officer are not in agreement, the Chief Officer shall make a report of the circumstances to the Permanent Head, who shall forward same to the Commissioner, with any comments he may deem desirable.

(e) Where the filling of the vacancy, orof any consequent vacancy, involves the promotion of any officer to a higher grade, the Commissioner will recommend such promotion or promotions for the approval of the Governor-General; but where promotion to a higher grade is not involved, the Commissioner will make the appointment and any changes consequent thereon.

(f) The Commissioner will notify the Permanent Head of any such recommendations to the Governor-General, and of any such changes not the subject of a recommendation, and he shall at the same time likewise notify the Inspector and the Chief Officer. Upon receipt of such notification from the Commissioner, the Chief Officer may effect all necessary changes.

2. Where notification of the vacancy in the Gazette is not required by the Commissioner, and it is desirable to fill the vacancy by the promotion or transfer of an officer, the following action shall be taken:—

(a)The Inspector, after conferring with the Chief Officer as to the qualifications of officers eligible for promotion or transfer to the vacancy, and as to any changes consequent upon the filling of such vacancy, shall furnish a report to the Commissioner, who shall thereupon deal with such vacancy and consequent changes (if any) in the manner hereinbefore prescribed with respect to notified vacancies and vacancies consequent thereon. Provided that where an officer of the same grade has applied for transfer to the vacancy, the transfer of such officer may be effected by the Chief Officer with the approval of the Inspector, who shall notify the Commissioner of such transfer, and the Commissioner shall advise the Permanent Head as hereinbefore provided. Where, after conference, the Inspector and the Chief Officer are not in agreement, the Chief Officer shall make a report of the circumstances to the Permanent Head, who shall forward the same to the Commissioner, with any comments he may deem desirable.

3. Where it is desirable to fill a vacancy from the Register of Qualified Candidates at an examination—

(a)The Inspector shall furnish the Chief Officer with the name of the person entitled to appointment, and the Chief Officer may thereupon direct such person to take up duty temporarily, pending appointment by the Commissioner.

(b)The Inspector shall advise the Commissioner of the vacancy, and of the name of the person proposed for appointment, and the Commissioner may appoint such person upon probation.

(c) The Commissioner shall notify the Permanent Head, the Inspector, and the Chief Officer of such appointment as is prescribed in the case of notified vacancies.

(d)Where there is no person available from the Register of Qualified Candidates, the Inspector shall notify the Commissioner of the vacancy, who may cause an examination to be held and thereafter make the necessary appointment, and notify the Permanent Head, the Inspector, and the Chief Officer thereof, as prescribed above.

Administrative, Professional, and Clerical Divisions.

4. (a)Where, under section 13 (2) of the Public Service Act the Permanent Head has assigned to the Chief Officer, either generally or in any special cases or classes of cases, power and authority to report in respect of appointments and promotions under sections 31 and 44 of the Act, the Chief Officer shall himself report accordingly, and such report shall, where the Chief Officer and Inspector are in agreement, be sent to the Inspector for transmission to the Commissioner.

(b) Where such authority has not been so assigned, the Inspector and the Chief Officer shall confer as to the filling of any vacancy or consequent vacancy in the Administrative Division, or any vacancy involving promotion to a higher class in the Professional or in the Clerical Division. After consultation, the Inspector shall report for the information of the Commissioner, and the Chief Officer for the information of the Permanent Head, who may forward such report together with his independent report, to the Commissioner for determination. In such cases the applications (if any) together with all necessary departmental papers, shall accompany the Chief Officer’s report.

(c)In all other respects the procedure hereinbefore prescribed for filling vacancies in the General Division shall be followed in regard to vacancies in the Administrative, Professional, and Clerical Divisions, “class” in respect of the Professional and Clerical Divisions being substituted for “grade” in the General Division.

Regulation 97 of the Regulations made under the provisions of the Commonwealth Public Service Act 1902 is hereby repealed, and new Regulations as hereunder are substituted for Regulations 5, 24, 27, 29, 38, 43. 46, 50, 52, 61, 62, 73, 77, 78, 79, 98, 111, 116, 118, 119, 121, and 134:—

Attendance Books.

5. In every Department attendance books shall be kept, and every officer supervising a division or branch shall have charge of the attendance books, to be used by himself and the officers under him, and he will be held responsible to the Chief Officer for the proper keeping

of the attendance books and the due observation of the regulation hours. The Commissioner may, in special circumstances, authorize the use of Time Recorders in place of attendance books.

Annual Report on Fifth Class Officers.

24. The annual report to be furnished by the Permanent Head under section 21 of the Public Service Act upon the conduct, diligence, and general efficiency of each Fifth Class Clerical Division officer may, in cases where the Permanent Head thinks fit to assign such power and authority to the Chief Officer under section 13 of the Act, be furnished by the Chief Officer to the Inspector for transmission to the Commissioner.

Death of Officer.

27. The Chief Officer shall immediately report the death of any officer to the Inspector for transmission to the Commissioner.

Quarterly Return of Temporary Employés.

29. At the beginning of April, July, October, and January of each year the Chief Officer of each Department in each State shall furnish the Inspector, for transmission to the Commissioner, with a return showing the names (arranged in alphabetical order) of all persons temporarily employed during the previous quarter, the branch or office, and the capacity in which employed, their periods of employment, and rates of pay.

Applications of Officers, How to be Made.

38. The application of any officer upon any matter affecting his position in the service shall be made by the applicant himself through the head of his branch to the Chief Officer. Where in exceptional cases an officer desires to communicate with the Commissioner, the communication must be so addressed, and shall be forwarded by the Chief Officer to the Inspector for transmission to the Commissioner, with any remarks considered necessary.

Outside Influence.

43. Officers are prohibited from seeking the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any officer who considers that his claims for promotion or consideration have been overlooked may communicate with the Commissioner in the manner prescribed by Regulation 38.

Bankruptcy of Officers.

46. If the estate of an officer is sequestrated either voluntarily or compulsorily for the benefit of his creditors, he shall, within seven days, give written notice thereof, with a statement or explanation of the causes of his embarrassment, to his superior officer, and such notice and statement shall, within seven days of the receipt thereof, be transmitted, with a report, to the Chief Officer, who shall forward same, through the Inspector, to the Commissioner, with any remarks he may desire to make thereon; and unless and until the Commissioner otherwise directs, the officer in question shall continue to perform the duties of his position and to receive his salary.

Transfer of Officers from Place to Place.

50. No officer shall refuse compliance with an order of the Governor-General, on the recommendation of the Commissioner, directing his transfer from one position to another of equal importance in the same or any other part of the Commonwealth.

The circumstances of individual officers will receive due consideration; but, while attention will be given to objections of a personal or private nature, in view of a proposed transfer, it is to be understood that private considerations must give place to the interests of the Service.

Should any officer object to a change of station or of work, on the grounds that it will involve him in pecuniary loss, or that the change is not to a position of equal importance, he may apply, through the Chief Officer and Inspector, to the Commissioner for permission to decline the transfer; and if the Commissioner finds that the objection is well founded, permission may be granted without prejudice to the officer’s right of future promotion or appointment: Provided that he shall have no grounds of appeal against loss of seniority should another officer be appointed to the position and should the Commissioner determine that it is of higher status than the position occupied by the officer objecting to transfer.

Where officers of the same class, or grade desire to exchange positions, the Chief Officer, with the concurrence of the Inspector, may approve thereof; notification of such exchange shall be made by the Chief Officer to the Permanent Head and by the Inspector to the Commissioner.

Officers Stationed in Remote Localities.

52. An officer stationed for a prolonged period in a remote locality, and who desires transfer, may apply to the Chief Officer, who shall, after recording the application for consideration when opportunity occurs, forward it to the Inspector.

On the occurrence of a suitable vacancy, any such application shall be brought under review by the Chief Officer, and, if the officer is otherwise eligible, the length of his service in the remote locality shall be held to entitle him to special consideration.

On the report of the Permanent Head, the Commissioner will determine the particular places to which this regulation shall apply, and the periods of residence which shall entitle an officer to special consideration as regards transfer.

Overtime.

61. Only work which from its character or from special circumstances cannot be performed during the prescribed office hours shall be regarded as overtime work for which extra payment may be made. The right to such extra payment shall be determined by the Commissioner, who may, where he thinks fit, require a report and recommendation from the Permanent Head. The Chief Officer shall supply the Commissioner, through the Inspector, with such information as will satisfy him that such payment is fairly due, and in every case where overtime is worked a full record thereof shall be kept. No payment for overtime shall be made to officers employed in bringing up arrears of work which properly comes within the scope of their

ordinary duties. Where it is possible to do so, equivalent time off should be granted in lieu of overtime payment. Provided that overtime to the extent of twenty hours during any financial year may be paid to any officer without reference to the Commissioner. Provided, further, that no overtime shall be paid for until after 5.30 p.m., and unless the services of the officer are required after 7 p.m., and then only for the time during which he has actually been working. This regulation applies only to officers who are required to attend on week days from 9 a.m. to 4.30 p.m.

Overtime.—Postmaster-General’s Department.

62. Working overtime should be discouraged, so far as is practicable; but when, in order to deal with the work, extra attendance is necessary, the Chief Officer should make arrangements to give equivalent time off when convenient to the Department, or he may authorize payment as follows:—

Two weeks’ consecutive attendance is to be reckoned, and every hour in excess of 88 hours may be paid as overtime at the rates stipulated in the following Regulation. This Regulation refers particularly to the principal telegraph offices where there are shifts of staff. Overtime payments are not to be made at country offices without the express sanction of the Chief Officer. This Regulation applies only to officers in the Professional and Clerical Divisions.

Performance of Work Outside Public Service.

73. No officer, except with the express permission of the Governor-General, after report by the Commissioner, shall—

(a)Accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation; or

(b)accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or

(c) engage in or undertake any such business whether as principal or agent; or

(d) engage or continue in the private practice of any profession; or

(e)accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth.

Provided that nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere.

Provided also that an officer who at the proclamation of the Act performs any service for a. State may continue to do so under arrangements then existing until the terms and conditions under which such service shall be performed in future are determined by the Governor-General by agreement with the Governor in Council of the State in which the officer is employed or otherwise.

All applications for permission to engage in the performance of work outside the Public Service shall be made to the Chief Officer, who shall forward same, with his report, through the Inspector to the Commissioner.

Leave of Absence on Ground of Illness.

77. Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly-qualified medical practitioner.

The Chief Officer, in cases of sickness or ill health, may, on production of satisfactory evidence, provisionally grant extended leave, not exceeding three months, in accordance with the following schedule; but a schedule of all leave granted under this Regulation shall be submitted monthly for the approval of the Minister, who may in any case disallow the leave so granted:—

Length of service in State and Commonwealth.	Period for which leave may be granted on—		——
	Full pay.	Half-pay.
Months.	Months.	In exceptional cases the Minister may take any special circumstances into consideration, and may vary the scale of payments; provided that in no case shall the leave granted exceed three months on full pay
Under five years...................	1		2
Over five years and under ten	2		1
Over ten years......................	3		—

78. Where in cases of illness any officer who has received leave of absence for three months is not so far recovered as to be able to resume his duties, further extensions of leave may be provisionally granted by the Inspector in accordance with the following schedule; provided that on each extension of leave the applicant shall be subjected to an examination by a medical officer approved by the Inspector. A schedule of all such leave granted by the Inspector shall be forwarded monthly to the Commissioner for submission to the Governor-General, and such leave, or any part thereof, shall be subject to disallowance by the Commissioner:—

Length of service in State and Commonwealth.	Period for which leave may be granted on—			——
	Half-pay.	Third pay.	Without Pay.
Months.	Months.	Months.	In exceptional cases special circumstances may be taken into consideration, e.g., where an officer in discharge of his duty sustains injuries of such a nature as to incapacitate him for all duty this scale may be varied, provided that in no case shall full pay be allowed for a period exceeding nine months in addition to leave granted by the Minister on full pay
Under five years...................	1	6		8
Over five years and under ten	3	6		6
Over ten years......................	6	3		6

79. If any officer is absent from duty an account of illness, and such absence has extended beyond three months, he shall not be permitted to return to duty unless and until the Government Medical Officer, or some other medical practitioner approved by the Inspector, has certified that he is fit to resume work.

98. Increases of salary may, subject to Regulations, be granted to such officers or classes of officers in the General Division within the several grades as are determined by the Commissioner.

The granting of an increment under this Regulation shall be discretionary, and conditional on the good conduct, diligence, and efficiency of the officer concerned, and on the value of the work justifying the increase of salary, regarding which a report must be furnished by the Chief Officer of the Department to the Inspector for transmission to the Commissioner.

111. No advancement within a class, or promotion from class to class, shall be allowed unless the Commissioner is satisfied that the officer is entitled by the amount and importance of his work, and by his efficiency, seniority, and good conduct, to receive it.

116. Subject to favorable report by the Chief Officer, every officer of the Professional Division in Class F who has been twelve months in the Service shall be eligible, on the recommendation of the Commissioner, to receive an annual increase of salary not exceeding £20, until he reaches £ 160 per annum.

118. No promotion of any officer from class to class or within the limits of a class in Classes E to B in the Professional Division shall be granted unless the Commissioner is satisfied that the officer is entitled by the amount and importance of his work, and by his efficiency, seniority, and good conduct, to receive it.

119. No officer shall be promoted from a class in the Professional Division to the next higher class, or be transferred from one Department to another, unless he has passed the non-competitive examination prescribed in section 43 of the Act. Such examination shall be of such a nature as will test his knowledge of the work to be performed in the higher position, and of subjects acquaintance with which would increase the efficiency of the Department. Provided that the Commissioner may accept an examination conducted by a University in any State, or by any public examining body therein as sufficient compliance with this Regulation.

Provided further that, where reported by the Commissioner to be unnecessary, examination may be dispensed with in the case of barristers, solicitors, medical practitioners, engineers, architects, actuaries, land surveyors, and draughtsmen, employed and seeking promotion or transfer in the line of their profession.

Temporary Employment.

(Sections 40 and 80 (h).)

121. Whenever, in the opinion of the Minister, the business of a Department renders temporary assistance necessary, the Permanent Head, or the Chief Officer, shall select, in order of registration as far as possible, having regard to the nature of the work, from the persons whose names are upon the register in the State in which such assistance is required, such available person or persons as appear to be best qualified for such work, and shall forthwith supply the Inspector with the names of those selected, together with the rate of remuneration to be paid. If the Inspector considers the rate of remuneration

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excessive or inadequate, he shall refer the matter to the Commissioner, who shall determine the rate to be paid. Provided that wherever the Inspector shall have previously notified the Chief Officer or Permanent Head of his ability to provide assistance from other Departments, or from the lists of successful unappointed candidates at an examination, selection from the register shall not take place without previous reference to the Inspector. For the purposes of temporary employment, all successful unappointed candidates at an examination shall, during the period of their eligibility for permanent appointment, be deemed to be registered for temporary employment in the class of work for which they have qualified.

The Commissioner may empower an Inspector to authorize, on his behalf, the extended temporary employment of a person for not more than three additional months, as prescribed in section 40(4).

Telegraph Messengers and Telephone Attendants.

134. Local examinations shall be held as required for appointment as Telegraph Messenger or as Telephone Attendant. Except in capital cities, applications will be received by the local Postmaster, who shall, where possible, supervise the examination in accordance with directions issued to him by the Commissioner. The Postmaster shall keep a record of the names, addresses, and ages of all candidates who enter for the examination. Upon publication in the Gazette of the names of candidates who have qualified for appointment at such centre, the Postmaster shall note their addresses, so that, should temporary or casual assistance be required during the eligibility of the successful candidates, selection shall be made from those who are qualified by examination and are resident in the particular centre.

 

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