Commonwealth Public Service Act 1917

Overview

The Commonwealth Public Service Act 1917 was enacted to amend the Commonwealth Public Service Act 1902-1916, addressing the need to integrate returning soldiers from the First World War into the public service. This Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary policy objective was to provide preferential treatment in public service appointments for returned soldiers, including those who served in the Army Medical Corps Nursing Service and the Naval Forces. By amending various sections of the Principal Act, this legislation aimed to ensure that eligible returned soldiers, with satisfactory records, would have access to public service positions, particularly in the Clerical Division, and could extend their temporary employment based on satisfactory performance. This Act also preserved the eligibility of members of the Forces for public service appointments before they reached the age of fifty-one years, provided they had successfully passed the necessary examinations. The amendments aimed to streamline the process for returned soldiers to gain public service appointments and extended their eligibility criteria, reflecting the government’s commitment to supporting war veterans in their post-service career transitions.

Scope and Application

The Commonwealth Public Service Act 1917 amends the Commonwealth Public Service Act 1902-1916 to extend specific provisions to individuals who have served in any Expeditionary Force raised under the Defence Act 1903-1915. This includes members of the Army Medical Corps Nursing Service and Naval Forces who have been on active service outside Australia. The Act applies to persons eligible for appointment to the Clerical Division and allows for the Governor-General to deem such individuals as having passed a prescribed examination, regardless of its competitiveness, if they have served with a satisfactory record. Furthermore, the Act allows for the Commissioner to specify that certain examinations for admission to the Clerical Division are only for those who have served with a satisfactory record in any Expeditionary Force raised under the Defence Act 1903-1915. The Act also preserves the eligibility of members of the Forces for appointment in the Public Service, ensuring that such individuals remain eligible for appointment at any time before they reach the age of fifty-one years. The geographic and jurisdictional reach of the Act is national, applying across the Commonwealth of Australia.

Key Provisions

The Commonwealth Public Service Act 1917 (C1917A00018) makes several key amendments to the Commonwealth Public Service Act 1902-1916, primarily to accommodate returned service personnel from the First World War into the public service. The Act allows for the inclusion of members of the Army Medical Corps Nursing Service and Naval Forces who have served outside Australia (sections 2(2) and 21a). It also modifies the eligibility criteria for appointments in the Clerical Division by allowing appointments based on satisfactory service in an Expeditionary Force, even if the applicant has not passed a competitive examination (sections 21a, 27, 29a, and 32(1)). Additionally, the Act extends the duration of temporary employment for returned service personnel who have satisfactorily performed their duties (section 40(4a)). The Act further provides for the preservation of eligibility for public service appointments for those who have served in the Expeditionary Forces and have passed a prescribed examination, as long as they have not reached the age of fifty-one (section 10). Under the Commonwealth Public Service Act 1917, the Commissioner is given the authority to determine the class and subdivision for appointments in the Clerical Division for returned service personnel with a satisfactory record (section 21a). The Governor-General can prescribe that certain examinations conducted by universities or other public examining bodies in the British Dominions are deemed to be equivalent to those conducted under the Act (section 29a). The Commissioner can extend the employment of returned service personnel who have been temporarily employed for six months, based on a report from the Permanent Head (section 40(4a)). The Act also ensures that service in the Expeditionary Forces or as a munitions worker is taken into account in determining eligibility for public service appointments (section 70a). The Commonwealth Public Service Act 1917 imposes several obligations on the parties it governs. The Commissioner must determine the class and subdivision for appointments in the Clerical Division for returned service personnel (section 21a). The Governor-General must prescribe regulations that deem certain examinations as equivalent to those conducted under the Act (section 29a). The Commissioner must consider the report from the Permanent Head when extending the employment of returned service personnel (section 40(4a)). The Act also requires that service in the Expeditionary Forces or as a munitions worker be considered in determining eligibility for public service appointments (section 70a). The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the provisions, such as not extending the employment of a returned service personnel as permitted, or not considering their service record appropriately, could potentially lead to legal challenges or disputes regarding the fairness and legality of public service appointments. The penalties for such breaches would likely be determined by the specific nature of the non-compliance and would be subject to the general legal remedies available under Australian law.