COMMONWEALTH PUBLIC SERVICE.
No. 25 of 1909.
An Act relating to the Salary of the Public Service Commissioner, Long Service Increments in the Fifth Class of the Clerical Division, and the Employment of Telegraph Messengers.
[Assented to 13th December, 1909.]
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 and citation.
1.—(1.) This Act may be cited as the Commonwealth Public Service Act 1909.
(2.) The Commonwealth Public Service Act 1902, as amended by the Commonwealth Public Service Amendment Act 1903, is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Public Service Act 1902–1909.
Salary of the Commissioner.
2.—(1.) Section five of the Principal Act is amended by omitting from sub-section (6) the words “twelve hundred” and inserting in lieu thereof the words “fifteen hundred”.
(2.) This section shall be deemed to have commenced on the fifth day of May, One thousand nine hundred and nine.
3. Section twenty-one of the Principal Act is amended by inserting after sub-section (3) the following sub-section:—
Provision for long service increments in Class V.
“(3а.) Where an officer has for a period of three years been in receipt of a salary of one hundred and sixty pounds per annum, he may on the certificate of the Commissioner be granted by way of long service increment an increase of salary at the rate of ten pounds per annum, and at the expiration of a period of two years from the granting of the increase he may on the certificate of the Commissioner be granted by way of long service increment a further increase of salan at the rate of ten pounds per annum. All long service increments provided for in any Appropriation Act and granted to officers in the Clerical Division before the commencement of this section shall be deemed to have been granted in pursuance of this section.”
4. After section thirty-two of the Principal Act the following section is inserted:—
Employment of telegraph messengers.
“32a.—(1.) Every person employed as a telegraph messenger shall, on attaining the age of eighteen years, cease to be employed in the Public Service unless he has passed the prescribed examination before attaining that age.
“(2.) Every person employed as a telegraph messenger who has passed the prescribed examination before attaining the age of eighteen years may be allowed to continue in the Public Service as a telegraph messenger until he attains the age of twenty years, but he shall cease to be employed in the Public Service on attaining that age unless he has been previously transferred or promoted to some other office or position in the Public Service.
“(3.) An examination of telegraph messengers under this section shall be held annually.
“(4.) Section ten of the Post and Telegraph Act 1901 is repealed.
“(5.) This section shall be deemed to have commenced on the first day of July, One thousand nine hundred and nine.
“(6.) Sub-sections (2) and (3) of this section shall apply only to telegraph messengers who attain the age of eighteen years before the first day of January, One thousand nine hundred and eleven.”
Amendment of Third Schedule
5. The Third Schedule to the Principal Act is amended by inserting in the column headed “Sixth Subdivision” in place of the figures “160” the bracket and figures following: —
Overview
The Commonwealth Public Service Act 1909 was enacted by the Parliament of Australia to address specific issues within the public service, particularly concerning the salary of the Public Service Commissioner, the establishment of long service increments for certain public servants, and the regulation of employment for telegraph messengers. This Act amended the Commonwealth Public Service Act 1902, aiming to update the salary structure for the Commissioner and to provide long service increments for eligible employees. Additionally, it introduced requirements for telegraph messengers to pass an examination before continuing their employment past the age of eighteen, thus ensuring a certain level of competency and suitability within this role. The overarching policy objective of this legislation was to enhance the efficiency and reliability of the public service by addressing these specific areas of concern.
Scope and Application
The Commonwealth Public Service Act 1909 applies to the public service of the Commonwealth of Australia, including the Public Service Commissioner and officers within the Clerical Division. It specifically addresses the salary of the Public Service Commissioner, the provision of long service increments for certain officers, and the employment of telegraph messengers. The Act amends the Commonwealth Public Service Act 1902, referred to as the Principal Act, by increasing the salary of the Public Service Commissioner, providing for long service increments for officers who have been in receipt of a specific salary for a certain period, and altering the conditions for the employment of telegraph messengers based on age and examination requirements. This Act extends to the entire Commonwealth of Australia, governing federal public service employees across the country. Any exclusions, exemptions, or thresholds are specifically detailed within the provisions of the Act itself, particularly in the amendments to the salary and employment conditions. The application of the Act may be further defined or extended through subordinate instruments as necessary.
Key Provisions
The Commonwealth Public Service Act 1909 (C1909A00025) contains several key provisions that directly affect the public service, particularly in terms of the salary of the Public Service Commissioner, long service increments, and the employment conditions for telegraph messengers. Section 2 amends the salary of the Public Service Commissioner by increasing it from twelve hundred to fifteen hundred pounds per annum, with this change effective from the fifth of May, 1909. Section 3 introduces a provision for long service increments for officers in Class V of the Clerical Division, stipulating that officers who have received a salary of one hundred and sixty pounds per annum for three years are eligible for a ten-pound-per-annum increase after two years. This section also states that any increments granted prior to its enactment are considered to have been granted under this provision. Section 32a outlines the employment conditions for telegraph messengers, stipulating that they must pass a prescribed examination before they turn eighteen to continue their employment. Those who pass the examination before eighteen can remain employed until they are twenty, unless they have been transferred or promoted.
The Act imposes specific obligations on various parties, particularly on the Public Service Commissioner and the officers in Class V. The Commissioner, as per Section 2, must certify long service increments for eligible officers. Officers in Class V must meet the salary and service duration criteria to be eligible for these increments. Furthermore, Section 32a mandates that telegraph messengers must pass an annual examination to continue their employment past the age of eighteen. Those who pass before turning eighteen can remain employed until they are twenty, provided they have not been transferred or promoted to another position.
Failure to comply with the requirements set forth in this Act can result in various consequences. While the Act does not explicitly detail criminal or civil penalties, non-compliance with the salary increment provisions or the employment conditions for telegraph messengers could potentially lead to administrative sanctions, such as termination of employment or loss of benefits. The Act's focus is more on setting clear terms and conditions rather than imposing severe penalties, reflecting its role in governing public service employment practices and conditions.