Commonwealth Public Service Act 1930

Legislation au C1930A00019 Not in force Act

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COMMONWEALTH PUBLIC SERVICE.

 

No. 19 of 1930.

An Act to amend the Commonwealth Public Service Act 1922–1928.

[Assented to 28th July, 1930.]

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 1930.

(2.) The Commonwealth Public Service Act 1922–1928 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 1922–1930.

2. After section thirteen of the Principal Act the following section is inserted:—

Constitution of Board when vacancies exist.

“13a.—(1.) Notwithstanding anything contained in the preceding provisions of this Part—

(a) on the happening of any vacancy in the office of member of the Board, the Governor-General may, so long as at least one office of member remains filled, defer for such time as he thinks fit the making of an appointment to the vacant office;

(b) where a vacancy in the office of a member of the Board remains unfilled, the Board shall, for the purposes of this Act, be deemed to be constituted by the remaining Commissioners or Commissioner.

“(2.) Where the Board is constituted of two members and those members differ in opinion on any question requiring the decision of the Board, the Board shall report the matter to the Governor-General, and thereupon the Governor-General may appoint a person


to act as Commissioner for the purpose only of the consideration and settlement, at a meeting of the Board, of that question, and for that purpose the person so acting shall have all the powers of a member of the Board.

“(3.) Any person appointed under the last preceding sub-section to act as a Commissioner shall not be entitled to receive any remuneration in respect of his services as such Acting Commissioner.

“(4.) In the event of the Board being constituted by one Commissioner, that Commissioner shall have all the powers and functions of the Chairman of the Board under the succeeding provisions of this Act”.

3. After section thirty-seven of the Principal Act the following section is inserted:—

Appointment of officers of Permanent Naval or Military Forces and cadets.

“37a.—(1.) Any officer of the Permanent Naval or Military Forces of the Commonwealth, not more than thirty years of age, who is a graduate of the Royal Australian Naval College or of the Royal Military College, and any cadet of either of those Colleges, may, if his services are in excess of requirements in the Naval or Military Forces, be appointed by the Board, without examination, and, if the Board thinks fit, without probation, to an office in the Third Division of the Commonwealth Service.

“(2.) The Governor-General may at any time by proclamation declare that no further appointments may be made in pursuance of this section, and thereafter no further appointments may be so made”.

4.—(1.) After section forty-eight of the Principal Act the following section is inserted:—

Status of Ministerial Private Secretaries.

“48A. An officer seconded for duty as Private Secretary to a Minister or member of the Federal Executive Council or to the Leader of the Opposition in either House of the Parliament, shall, upon the termination of his employment in that capacity, be entitled to appointment to an office in the Commonwealth Service of such status and salary as are determined by the Board, having regard to the office held by the officer prior to his being seconded for such duty and to the period and nature of his employment as Private Secretary”.

(2.) This section shall be deemed to have commenced on the first day of October, One thousand nine hundred and twenty-nine.

Offences.

5. Section fifty-five of the Principal Act is amended—

(a) by inserting in sub-section (1.) after paragraph (g) the following paragraph:—

“; or (h) has wilfully supplied to any officer or other person acting on behalf of the Commonwealth incorrect or misleading information in connexion with his appointment to the Commonwealth Service,”; and


(b) by adding at the end thereof the following sub-section:—

“(11.) For the purposes of the constitution of an Appeal Board under this section to deal with any appeal by an officer who performs his duties in the Territory for the Seat of Government, and for the purposes of the election of a representative on the Appeal Board of the Division to which the appellant belongs, the Territory for the Seat of Government shall be deemed to be a State”.

Leave without pay.

6. Section seventy-one of the Principal Act is amended by adding at the end of sub-section (1.) the following proviso:—

“Provided that this section shall not apply to any application made by an officer for leave of absence for the purpose of service with the League of Nations, or with the Government of the United Kingdom, or of any State of the Commonwealth, or of any British Dominion, Colony or Dependency”.

7. After section seventy-two of the Principal Act the following section is inserted:—

Leave of absence for service with other Governments, &c.

“72a.—(1.) If the League of Nations, or the Government of the United Kingdom, or of any State of the Commonwealth, or of any British Dominion, Colony or Dependency requests that the services of an officer be made available to the League of Nations or to that Government, the Board may, on application by the officer, grant to him leave of absence without pay, not exceeding a period of three years, for that purpose.

“(2.) The period during which any officer is absent on leave granted pursuant to this section shall not, unless otherwise ordered by the Board, for any purpose be included as part of the officer's period of service”.

Rent chargeable for quarters.

8. Section eighty-nine of the Principal Act is amended by omitting from the proviso to sub-section (1.) the words “has been acquired or erected by the Commonwealth solely for the purpose for residence of the officer”, and inserting in their stead the words “is occupied by an officer solely as a residence”.

Performance of work outside Commonwealth Service.

9. Section ninety-one of the Principal Act is amended by omitting from paragraph (d) of sub-section (1.) the words “or trade” and inserting in their stead the words “occupation or trade, or enter into any employment, whether remunerative or not, with any person, company or firm who or which is so engaged”.

Overview

The Commonwealth Public Service Act 1930 was enacted by the Parliament of Australia to amend the Commonwealth Public Service Act 1922–1928, addressing various gaps and inefficiencies in the public service framework. This Act introduces several modifications to streamline the operations of the Commonwealth Public Service, particularly concerning the Board's constitution, officer appointments, and service conditions. A significant policy objective behind this legislation is to enhance the efficiency and flexibility of the public service, ensuring that it can swiftly adapt to the changing needs of the government while maintaining high standards of service and integrity. This Act, through its provisions, seeks to offer greater administrative control, streamline appointment processes, and improve the terms of service for public officers. The Commonwealth Public Service Act 1930 provides for the temporary filling of Board vacancies, the appointment of qualified military officers and cadets to civil service roles, and the establishment of conditions for officers seconded to ministerial duties. Additionally, it addresses the leave entitlements of officers serving with international organisations, modifies the conditions under which rent can be charged for quarters, and restricts officers from performing work outside their public service duties. These amendments aim to create a more responsive and capable public service, better equipped to support the Commonwealth's administrative and policy objectives.

Scope and Application

The Commonwealth Public Service Act 1930 amends the Commonwealth Public Service Act 1922–1928 to introduce various provisions concerning the appointment, leave, and conduct of officers within the Commonwealth Public Service. The Act applies to officers within the Commonwealth Public Service, including those who may be appointed to the service, such as graduates of the Royal Australian Naval College or the Royal Military College, cadets of those colleges, and officers seconded as Private Secretaries to Ministers. The Act also applies to the Board of the Commonwealth Public Service, which is responsible for making appointments and managing the service. Geographically, the Act applies to the Commonwealth of Australia, impacting the federal public service across the country. The Act provides specific provisions for officers who wish to serve with the League of Nations or other governments, allowing them to be granted leave of absence without pay for up to three years. The Act also introduces provisions related to the constitution of the Board, the appointment of Acting Commissioners, and the status of officers upon the termination of their duties as Private Secretaries. Exclusions and exemptions are provided for officers serving with international bodies or governments, with specific mention of the League of Nations and British Dominions, Colonies, or Dependencies. The application of the Act may be further extended or restricted through subordinate instruments, which would provide additional regulations or guidelines as necessary to implement the provisions of the Act. These subordinate instruments would be issued under the authority of the Act and would serve to clarify or expand upon the specific details of how the Act is to be applied in various circumstances.

Key Provisions

The Commonwealth Public Service Act 1930 makes several key amendments and additions to the Commonwealth Public Service Act 1922–1928. Firstly, section 13a introduces provisions for the Board’s constitution when vacancies exist, allowing the Governor-General to defer appointments if at least one member remains in office and permitting the Board to function with fewer members if necessary. In the event of a tie in decision-making, the Act allows the Governor-General to appoint an Acting Commissioner to resolve the issue (sections 13a(2) and 13a(3)). Additionally, section 37a permits the appointment of qualified officers and cadets from the Permanent Naval or Military Forces to the Third Division of the Commonwealth Service without examination, subject to the Governor-General's ability to suspend such appointments (section 37a(1) and (2)). Section 48A ensures that officers who have served as Private Secretaries to Ministers or the Leader of the Opposition are entitled to reappointment to a Commonwealth Service position based on their prior rank and service duration. The Act imposes several obligations and requirements on the parties it governs. The Governor-General has the authority to defer appointments to the Board in certain circumstances and to appoint Acting Commissioners to resolve Board deadlocks (sections 13a(1) and (2)). The Board must ensure that any officer appointed under section 37a meets the specified qualifications. Furthermore, the Board is required to determine the status and salary of officers who return to the Commonwealth Service after serving as Private Secretaries (section 48A). The Act also mandates that officers granted leave of absence for service with other governments or organisations do so without pay and that such leave periods are not counted towards their service time (section 72a(2)). Breaches of the Act carry potential penalties and consequences. Section 5 amends the Principal Act to include supplying incorrect or misleading information regarding Commonwealth Service appointments as an offence, with unspecified penalties. The Act also modifies leave provisions to exclude applications for leave related to service with international organisations or governments from specific leave-related penalties (section 71, proviso). Additionally, section 72a allows the Board to grant leave of absence for service with other governments or organisations, but specifies that such leave is to be without pay and does not count towards service time, unless otherwise ordered by the Board. These provisions ensure compliance and accountability within the Commonwealth Public Service framework.

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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.