Commonwealth Public Service Act 1936

Legislation au C1936A00072 Not in force Act

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COMMONWEALTH PUBLIC SERVICE.

 

No. 72 of 1936.

An Act to amend the Commonwealth Public Service Act 1922–1934.

[Assented to 7th December, 1936.]

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 1936.

(2.) The Commonwealth Public Service Act 1922–1934 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 1922–1936.

Appointment of Public Service Board.

2. Section eleven of the Principal Act is amended by inserting in sub-section (1.), after the word “persons”, the words “, to be called the Public Service Board”.


Alterations of Staff.

3. Section twenty-nine of the Principal Act is amended by omitting from sub-section (1.) the words “, after obtaining a report from the Permanent Head” and inserting in their stead the words “after the Board has obtained a report from the Permanent Head”.

4. Section forty-two of the Principal Act is repealed and the following section inserted in its stead:—

Appointment without examination.

“42. If the Board is satisfied that it is desirable in the interests of the Commonwealth that the appointment be made, the Board may appoint to any office in the Commonwealth Service, without examination or probation, any officer of the Territorial Service or the Commonwealth Railway Service, or any member of the Police Force of the Territory for the Seat of Government.”.

Appointment of persons from outside Commonwealth service.

5. Section forty-seven of the Principal Act is amended by omitting from sub-section (1.) the words “upon report from the Permanent Head” and inserting in their stead the words “after the Board has obtained a report from the Permanent Head”.

Prior service reckoned as Commonwealth service.

6. Section forty-eight of the Principal Act is amended by adding, at the end of paragraph (b) of sub-section (1.), the words “, or in the Police Force of the Territory for the Seat of Government”.

Officer found guilty of criminal offence.

7. Section sixty-two of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “State”, the words “or of a Territory of the Commonwealth”; and

(b) by omitting from sub-section (2.) the words “the officer is convicted of the offence by any Commonwealth or State Court” and inserting in their stead the words “, upon the hearing of the charge by any court, the officer is found guilty of the offence”.

Leave without pay.

8. Section seventy-one of the Principal Act is amended by omitting from sub-section (1.) the words “, for any period not exceeding twelve months.” and inserting in their stead the following paragraphs:—

“(a) where the leave of absence is for the purpose of enabling the officer to pursue a course of study or undertake research work related to the duties of his office—for any period not exceeding three years; or

(b) where the leave of absence is for any other purpose—for any period not exceeding twelve months:”.

Furlough.

9. Section seventy-three of the Principal Act is amended—

(a) by inserting in sub-section (3.), after the word “absence”, the words “, or, if the Board, after consideration of all the circumstances, directs that the death of an officer so eligible be presumed”; and

(b) by adding at the end of that sub-section the words “, or, in any case where the Board has directed that the death of the officer be presumed, a date determined by the Board.”.


Extended leave or pay in lieu to officers not entitled to furlough.

10. Section seventy-four of the Principal Act is amended by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Where, before an officer has completed twenty years’ service in the Commonwealth Service and either before or after he has attained the age of sixty years—

(a) the officer dies; or

(b) the Board, after consideration of all the circumstances, directs that the death of the officer be presumed.

the Board may authorize payment to the dependants of the officer of a sum equivalent to the salary for the period of leave which the officer would have received had he, under sub-section (1.) of this section, been eligible for, and been granted, leave of absence at the date of his death, or, in any case where the Board has directed that the death of the officer be presumed, at a date determined by the Board.”.

Permanent appointment of returned soldiers.

11. Section eighty-four of the Principal Act is amended by omitting paragraph (c) of sub-section (9.) and inserting in its stead the following paragraph:—

“(c) returned soldiers who have not passed the prescribed examination but—

(i) have been temporarily employed continuously for not less than two years; or

(ii) since becoming returned soldiers, and prior to the date of commencement of the Commonwealth Public Service Act 1936, were temporarily employed continuously for not less than two years,

and in respect of whom the Chief Officer certifies that their duties have been, or were, performed in a satisfactory manner:

Provided that any such appointment shall be to a position the duties of which are similar to those which the returned soldier has been performing or performed; and”.

Regulations for Commonwealth Service.

12. Section ninety-seven of the Principal Act is amended by omitting from sub-section (2.) all the words from and including the words “both Houses of the Parliament” and inserting in their stead the words “each House of the Parliament within fifteen sitting days of that House after the approval of the regulations by the Governor-General”.

Regulations for Provisional Service.

13. Section one hundred and eight of the Principal Act is amended by omitting from sub-section (2.) all the words from and including the words “both Houses of the Parliament” and inserting in their stead the words “each House of the Parliament within fifteen sitting days of that House after the approval of the regulations by the Governor-General”.

Overview

The Commonwealth Public Service Act 1936, enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, amends the Commonwealth Public Service Act 1922-1934 to address various operational and procedural deficiencies in the administration of the public service. This Act introduces changes such as the establishment of the Public Service Board, adjustments to the appointment and alteration of staff, and modifications to leave and furlough provisions, among others. The overarching policy objective of these amendments is to enhance the efficiency and flexibility of the Commonwealth public service, ensuring that it can effectively meet the needs of the nation while providing fair and equitable terms of employment for public servants. The Act provides a structured framework to streamline the management and administration of public service employees, reflecting a commitment to good governance and public administration. By amending and updating the Principal Act, the legislation aims to address emerging challenges and operational gaps in the public service, ensuring it remains responsive to the evolving needs of the Commonwealth. The Act thereby reaffirms the importance of a well-regulated and effective public service in the governance of Australia.

Scope and Application

The Commonwealth Public Service Act 1936 applies to the management and administration of the Commonwealth Public Service, including the appointment, conditions of service, and disciplinary actions of public servants. It extends to officers within the Commonwealth Service, Territorial Service, Commonwealth Railway Service, and the Police Force of the Territory for the Seat of Government. The Act's provisions govern the appointment process by establishing the Public Service Board, which is responsible for making decisions regarding appointments, transfers, and disciplinary measures. The Board's authority encompasses the ability to appoint individuals without examination under certain conditions and to presume the death of officers in specific circumstances. The Act also outlines the conditions for leave entitlements and payments to dependents of deceased officers. Geographically, the Act applies across the Commonwealth of Australia, with specific provisions for territories. Certain exclusions and thresholds are present, particularly in relation to the requirements for permanent appointments and the conditions under which leave or payments are granted. The Act allows for further regulation through subordinate instruments, which must be approved by the Governor-General and tabled in each House of the Parliament within fifteen sitting days.

Key Provisions

The Commonwealth Public Service Act 1936 introduces significant amendments to the Commonwealth Public Service Act 1922–1934. Firstly, it establishes the Public Service Board (section 2), which is responsible for the appointment of public servants. The Board now has the authority to appoint officers to any office within the Commonwealth Service without examination or probation, provided it is deemed necessary for the Commonwealth's interests (section 42). This amendment broadens the Board's discretion in staffing decisions. The Act also revises the process for altering staff within the service. The Board must now obtain a report from the Permanent Head before making any alterations (section 29). Additionally, it modifies the criteria for appointing persons from outside the Commonwealth service, requiring the Board to obtain a report from the Permanent Head before making such appointments (section 47). The Act further extends the recognition of prior service, including service in the Police Force of the Territory for the Seat of Government, as Commonwealth service (section 48). Furthermore, the Act expands the definition of criminal offences to include those committed in a Territory of the Commonwealth (section 62). It also alters the conditions for leave without pay, allowing officers to take leave for educational purposes for up to three years, and for other purposes for up to twelve months (section 71). The Act introduces provisions for furlough, allowing the Board to presume an officer's death under certain circumstances and to determine the date of presumed death (section 73). It also provides for extended leave or pay in lieu to the dependants of officers who die before completing twenty years of service (section 74). The Act amends the conditions for the permanent appointment of returned soldiers, allowing for appointments based on satisfactory performance of duties for at least two years, with the Chief Officer's certification (section 84). Finally, it streamlines the process for approving regulations by requiring each House of the Parliament to approve regulations within fifteen sitting days of the Governor-General's approval (sections 97 and 108). Under the Act, failure to comply with the provisions can result in various consequences. For instance, officers found guilty of criminal offences may face disciplinary actions, including dismissal from service (section 62). Additionally, any failure to adhere to the stipulated procedures for appointments, alterations, or leave may be subject to review and possible disciplinary measures by the Board or other governing authorities. The specific penalties for breaches are not explicitly stated in the provided text, but they could include fines, loss of benefits, or other administrative sanctions as deemed appropriate by the Board or relevant authorities.

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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.