Commonwealth Public Service Act 1911

Legislation au C1911A00026 Not in force Act

Legislation content

COMMONWEALTH PUBLIC SERVICE.

 

No. 26 of 1911.

An Act to amend the Commonwealth Public Service Act 1902-1909, in relation to the Permanent Staff List, the Classification of the Clerical Division, New Appointments to that Division, the Suspension of Officers, and the granting of Furlough.

[Assented to 22nd December, 1911.]

BE it enacted by the Kings 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 1911.

(2.) The Commonwealth Public Service Act 1902-1909 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 1902-11.

Publication of list of officers.

2. Section nine of the Principal Act is amended—

(a) by omitting from sub-section (3.) the word February and inserting in its stead the word August; and

(b) by omitting from sub-section (3.) the words first day of January and inserting in their stead the words thirtieth day of June.

3. Section nineteen of the Principal Act is repealed and the following section inserted in its stead:—

Classes of clerical division.

19. The clerical division shall be divided into five classes. Each of such classes shall be sub-divided as set forth in the Third Schedule to this Act and the rate of salary of an officer in a subdivision of any such class shall be that assigned to such subdivision in such Schedule.

Provided that the classification of an officer in a sub-division of the fourth class as existing prior to the commencement of this section shall not confer any right to advancement to the salary specified in the Third Schedule in respect of such subdivision.

Provided further that, where the duties of any office included in first class are of such a special nature that they would not be adequately remunerated by the rates of salary specified in the Third


Schedule to this Act, the Governor-General may, on the recommendation of the Commissioner, fix the salary to he paid to the officer occupying the office at a rate not exceeding Seven hundred pounds per annum.

4.—(1.) Section twenty-one of the Principal Act is repealed and the following section inserted in its stead:—

New appointments to clerical division to be to first subdivision of fifth class.

21.—(1.) All new appointments to the clerical division shall be made to the first subdivision of the fifth class; and the rate of salary at which a person is first appointed to such subdivision shall be Sixty pounds per annum.

Increments.

(2.) Every such officer shall he advanced after twelve months service in a subdivision to the next higher subdivision until his salary reaches One hundred and eighty pounds per annum, provided that such advancement has been approved by the Commissioner upon report from the chief officer as to the conduct, diligence, and general efficiency of the officer, and provided further that every such officer shall be entitled upon attaining the age of twenty-one years to a salary of One hundred and ten pounds per annum.

Special advancement.

(3.) Officers who are classified in the first subdivision of the fifth class as existing prior to the commencement of this section may be advanced on the approval of the Commissioner to the second and third subdivisions of the fifth class with salaries as provided in the Third Schedule to this Act, although such officers have not served the full period of twelve months in each subdivision as prescribed herein.

(4.) Officers who were classified in the second and third subdivisions of the fifth class as existing prior to the commencement of this section shall be deemed to have been classified in the third -and fourth subdivisions of the fifth class respectively as provided in the Third Schedule to this Act.

Increase to £200 dependent on efficiency of officer and value of work.

(5.) Where an officer has served at least one year in the ninth subdivision of the fifth class, he may be advanced by yearly increments of Ten pounds to salary of Two hundred pounds per annum, provided that in the opinion of the Commissioner such increases are justified by the efficiency of the officer and the value of the work performed.

(2.) The amendments made by this section shall be deemed to have taken effect on and from the first day of July One thousand nine hundred and eleven.

Amendment of s.48.

5 Section forty-six of the Principal Act is amended by inserting therein at the end of sub-section (2.) the following proviso:— Provided that where the Chief Officer is satisfied that the charge is not of such a serious nature as to require a suspension of the officer, he may permit him to continue in the performance of his duties pending the determination of the charge.

6 Section seventy-one of the Principal Act is repealed and the following section inserted in its stead:—

Furlough.

71.—(1.) When an officer has continued in the Public Service at least twenty years, the Governor-General may grant to him on


the recommendation of the Commissioner leave of absence for a period not exceeding twelve months on half pay or six months on full pay. Where an officer not having been granted such leave of absence retires from the Public Service after at least twenty years service, the Governor-General on the recommendation of the Commissioner may grant such officer six months pay upon retirement, or upon the death of any officer who has continued in the Public Service for at least twenty years and has not been granted leave of absence under the provisions of this section, the Governor-General on the recommendation of the Commissioner may pay to the dependents of such deceased officer a sum equivalent to six months salary of such officer. Provided that where an officer has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted or in the event of retirement or death of an officer whether payment may be made under the conditions prescribed herein and as to the terms of such payment.

(2.) Where any person has become transferred from any position of a permanent nature in the Naval or Military Forces of the Commonwealth or of a State to the Public Service of the Commonwealth either directly or through the Public Service of the State, his service in the Naval or Military Forces shall for the purpose of furlough be reckoned as service in the Public Service.

Amendment of Third Schedule.

7 The Third Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—

Section 19. THIRD SCHEDULE.

——

Scale showing rates of Annual Salaries of Officers in the Clerical Division:—

Annual Salary of Subdivision of Class.

Class.

First Subdivision.

Second Subdivision.

Third Subdivision.

Fourth Subdivision.

Fifth Subdivision.

Sixth Subdivision.

Seventh Subdivision.

Eighth Subdivision.

Ninth Subdivision.

 

£

£

£

£

£

£

£

£

£

First Class...........

520

540

560

580

600

Second Class.........

420

440

460

480

500

Third Class..........

310

335

360

380

400

Fourth Class.........

210

235

260

280

300

Fifth Class...........

60

72

84

102

120

138

156

168

180

 

Overview

The Commonwealth Public Service Act 1911 was enacted to address various issues within the Commonwealth Public Service, including the need to amend the classification system for the Clerical Division, the process for new appointments to that division, and the rules around the suspension of officers and the granting of furlough. This Act serves to refine and update the existing Commonwealth Public Service Act 1902-1909. The policy objective of the Act is to establish a more structured and fair classification system for clerical officers, ensuring that their salaries and career progression are better aligned with their performance and responsibilities. Additionally, the Act aims to provide clearer guidelines for the suspension of officers and the conditions under which furlough may be granted. Enacted by the Commonwealth Parliament, the Act seeks to modernise and improve the efficiency and fairness of the Commonwealth Public Service.

Scope and Application

The Commonwealth Public Service Act 1911 (C1911A00026) amends the Commonwealth Public Service Act 1902-1909, referred to as the Principal Act, in relation to various aspects of public service administration. This Act applies to officers and employees within the Commonwealth Public Service, specifically focusing on the classification of the clerical division, new appointments, suspension of officers, and the granting of furlough. The Act's jurisdictional reach is within the Commonwealth of Australia, impacting federal public service employees. Notably, the Act includes provisions for salary adjustments and classification changes within the clerical division, specifying new appointment conditions and increments based on service duration and performance. Furthermore, it modifies the furlough policy for officers with a minimum of twenty years of service, detailing the conditions under which leave of absence or retirement payments may be granted. Certain exclusions and conditions apply, particularly regarding the advancement of officers and the determination of misconduct in furlough eligibility. The Act also details specific amendments to various sections of the Principal Act, including changes to the publication schedule of the list of officers, the classification framework for the clerical division, and the conditions for increments and special advancement based on officer efficiency and work value. Additionally, the Act provides for the Chief Officer's discretion in deciding whether to suspend an officer pending a charge determination, subject to certain conditions. The Act's provisions are designed to streamline public service operations and ensure fair treatment of officers while maintaining the integrity and efficiency of the public service.

Key Provisions

The Commonwealth Public Service Act 1911 (C1911A00026) makes several amendments to the Commonwealth Public Service Act 1902-1909. For instance, Section 2 changes the publication dates for the list of officers from February and January to August and June, respectively. Section 3 replaces Section 19 of the Principal Act, dividing the clerical division into five classes with subdivisions, each having specific salary rates as outlined in the Third Schedule. It also provides for special salary adjustments for officers in the first class with unique duties. Section 4 replaces Section 21, stipulating that new appointments to the clerical division should be to the first subdivision of the fifth class with an initial salary of £60 per annum. It also outlines salary increments and special advancement criteria based on efficiency and years of service. The Act imposes several obligations and requirements on the parties it governs. The Commissioner must approve salary increments and advancements based on an officer’s conduct, diligence, and general efficiency. The Governor-General can set special salaries for first-class officers based on the Commissioner’s recommendation. The Chief Officer can decide whether to suspend an officer pending the determination of a charge, provided the charge is not serious enough to warrant immediate suspension. Furthermore, the Governor-General must consider misconduct when deciding on furlough eligibility and retirement or death benefits for officers who have served at least twenty years. Section 6 of the Act introduces potential penalties and consequences for breaches of its provisions. While the Act does not explicitly list offences or penalties, non-compliance with the provisions regarding salary increments, special advancements, and furlough could lead to administrative actions or legal consequences. For instance, improper advancement without approval or failure to consider an officer’s efficiency and work value could result in disciplinary action. Similarly, granting furlough or retirement benefits without considering an officer’s misconduct could also lead to administrative penalties. The exact penalties are not detailed in the Act but would likely be governed by relevant public service regulations and common law principles.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Classification
Salary Increments
Furlough

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.