Commonwealth Public Service Act (No. 2) 1948

Legislation au C1948A00075 Not in force Act

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COMMONWEALTH PUBLIC SERVICE (No. 2).

 

No. 75 of 1948.

An Act to provide for the transfer to the Commonwealth Service of certain employees of the Commonwealth Council for Scientific and Industrial Research, and for other purposes.

[Assented to 17th December, 1948.]

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 (No. 2) 1948.

(2.) The Commonwealth Public Service Act 1922-1947, as amended by the Commonwealth Public Service Act 1948, is in this Act referred to as the Principal Act.

(3.) Section one of the Commonwealth Public Service Act 1948 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Public Service Act 1922-1948.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.

3. Section three of the Principal Act is amended by inserting after the words “Division 9d.—Transfer to the Commonwealth Service of certain employees of the Commonwealth.” the words “Division 9e.—Transfer to the Commonwealth Service of certain employees of the Commonwealth Council for Scientific and Industrial Research.”.


4. After section thirty-three of the Principal Act the following section is inserted:—

Officers transferred from other employment under the Commonwealth.

“33a. A person shall not be transferred from employment under the Commonwealth to which this Act does not apply to an office in the Commonwealth Service unless—

(a) he is a natural-born or naturalized British subject; and

(b) he makes and subscribes an oath or affirmation in the form in the Fourth Schedule to this Act.”.

5. After Division 9d of Part III. of the Principal Act the following Division is inserted:—

“Division 9e.—Transfer to the Commonwealth Service of certain employees of the Commonwealth Council for Scientific and Industrial Research.

Definitions.

“81zh. In this Division—

‘classified office’ means a position to which an appointment has been made under section fourteen a of the Act;

‘employee’ means a person to whom section eighty-one zj of this Act applies;

‘the Act’ means the Science and Industry Research Act 1920-1945;

‘the Council’ means the Commonwealth Council for Scientific and Industrial Research;

‘the date of transfer’ in relation to the persons employed in any transferred work, means the date specified in the notice by the Governor-General under section eighty-one zi of this Act in respect of that transferred work;

‘transferred work’ means any work or class of work specified by the Governor-General in a notice by him under section eighty-one zi of this Act.

Declaration by Governor-General as to certain work.

“81zi. The Governor-General may, from time to time, by notice published in the Gazette, declare that any work or class of work specified in the notice which is being performed under the control of the Council is work which should, on and from a date specified in the notice, be performed under the control of such Department of State of the Commonwealth as is specified in the notice and, on and from that date, that work shall accordingly be performed under the control of the Department so specified.

Transfer of employees.

“81zj.—(1.) A person who—

(a) was appointed under section fourteen a of the Act; or

(b) was employed under section fourteen b of the Act,

being a person who was, immediately prior to the date of transfer, engaged on transferred work, shall, by force of this section but subject to this Act—

(i) be transferred on that date to the Commonwealth Service; and

(ii) be employed in the Department specified in the notice relating to that transferred work.


“(2.) Where the Chairman of the Council certifies to the Board that an office specified in the certificate was, immediately prior to the date of transfer, a classified office in the service of the Council and that the duties of that office consisted of transferred work, the office so specified shall, on that date, become an office in the Commonwealth Service in the Department specified in the notice in respect of that transferred work and shall have allotted to it, subject to this Act, the same salary or limits of salary as were allotted to it in the service of the Council.

“(3.) Where a certificate under the last preceding sub-section in respect of any office certifies that, immediately prior to the date of transfer, a person specified in the certificate was the occupant of that office in the service of the Council, that person shall, on that date and subject to this Act—

(a) become the occupant of that office in the Commonwealth Service; and

(b) be entitled to receive salary at the rate applicable to him immediately prior to the date of transfer.

“(4.) A person who—

(a) was appointed to the service of the Council on probation;

(b) whose service on probation had not expired at the date of transfer; and

(c) who is transferred to the Commonwealth Service by virtue of sub-section (1.) of this section,

shall upon such transfer be deemed to be on probation under section thirty-seven of this Act for the period of probation unexpired at the date of transfer.

“(5.) A temporary employee who is transferred to the Commonwealth Service by virtue of sub-section (1.) of this section shall, on the date of transfer, become a temporary employee in the Commonwealth Service and shall, subject to this Act, be entitled to receive salary or wages at the rate applicable to him immediately prior to that date.

“(6.) For the purposes of this section, any reference to the occupant of an office shall not include a person temporarily occupying, or temporarily performing the duties of that office.

Prior service reckoned as service under this Act.

“81zk. Service of an employee—

(a) as a permanent officer or temporary employee in the service from which he is transferred during a continuous period immediately prior to the date of transfer; or

(b) which, under the law applicable to his service immediately prior to the date of transfer, was deemed to be, or was treated as, permanent or temporary service in the service from which he is transferred,

shall be reckoned, for the purposes of this Act, as permanent or temporary service, as the case may be, in the Commonwealth Service.


Accrued recreation and sick leave.

“81zi. An employee shall preserve his eligibility for the grant of leave of absence for recreation or during illness which had accrued immediately prior to his transfer to the Commonwealth Service.”.

Temporary employment.

6. Section eighty-two of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(9.) A person shall not be engaged for employment in a temporary capacity under this Act unless he makes and. subscribes an oath or affirmation in the form in the Fourth Schedule to this Act.

“(10.) A person who is employed in a temporary capacity at the date of the commencement of this sub-section, or who is transferred to such employment by virtue of any provision of this Act, shall not be continued in that employment unless, when required by the Board so to do, he makes and subscribes an oath or affirmation in the form in the Fourth Schedule to this Act.”.

 

Overview

The Commonwealth Public Service Act (No. 2) 1948 was enacted to facilitate the transfer of certain employees from the Commonwealth Council for Scientific and Industrial Research to the Commonwealth Service. This legislation aimed to address the need for streamlined management and integration of scientific and industrial research employees within the federal public service framework. Enacted by the Australian Parliament, the policy objective of this Act was to ensure a smooth transition of specified employees to the Commonwealth Service, thereby enhancing the coordination and efficiency of scientific and industrial research activities under the control of the Commonwealth government. The Act provided a structured process for transferring employees and their entitlements, including salaries and leave accruals, while maintaining the continuity of service and preserving the rights of the affected employees.

Scope and Application

The Commonwealth Public Service Act (No. 2) 1948 applies to the transfer of certain employees of the Commonwealth Council for Scientific and Industrial Research (CSIR) to the Commonwealth Service. This Act specifies that employees appointed under the Science and Industry Research Act 1920-1945 and engaged in transferred work will be transferred to the Commonwealth Service and employed in the specified Department. This Act also includes provisions for the preservation of accrued recreation and sick leave, and the reckoning of prior service as permanent or temporary service in the Commonwealth Service. The Act extends to include those who were employed in a temporary capacity at the date of the commencement of this Act or transferred to such employment by virtue of any provision of this Act. The Act's application may be further extended or restricted through subordinate instruments, though no such instruments are specified in the provided text.

Key Provisions

The Commonwealth Public Service Act (No. 2) 1948, referred to in section 1, provides for the transfer of certain employees of the Commonwealth Council for Scientific and Industrial Research to the Commonwealth Service. This Act also amends the Commonwealth Public Service Act 1922-1947 and inserts new sections, including the transfer of certain employees (section 81zj), the declaration of work to be transferred (section 81zi), and the preservation of accrued recreation and sick leave (section 81zl). Section 33a imposes conditions on the transfer of individuals from other Commonwealth employment to the Commonwealth Service, requiring them to be natural-born or naturalized British subjects and to make an oath or affirmation. The Act imposes several obligations on the parties involved. The Governor-General is tasked with declaring which work or class of work will be transferred from the Commonwealth Council for Scientific and Industrial Research to the Commonwealth Service (section 81zi). Employees appointed or employed under the Science and Industry Research Act 1920-1945, whose work is specified in such a notice, must be transferred to the Commonwealth Service and employed in the relevant Department (section 81zj). Furthermore, the Chairman of the Council must certify to the Board if an office was a classified office in the Council’s service and consisted of transferred work, allowing it to become an office in the Commonwealth Service with the same salary (section 81zj(2)). Probationary and temporary employees also have specific conditions governing their transfer (sections 81zj(4) and 81zj(5)). Section 81zk ensures that an employee’s prior service in their former service will be reckoned as permanent or temporary service in the Commonwealth Service, depending on the nature of their prior service. Additionally, section 81zl preserves an employee’s eligibility for accrued recreation and sick leave from their former employment. Temporary employees, whether engaged at the commencement of this Act or transferred under its provisions, must make and subscribe an oath or affirmation as stipulated in the Fourth Schedule to the Act (sections 82(9) and 82(10)). These requirements ensure that all employees transitioning to the Commonwealth Service adhere to the prescribed conditions and obligations. Breaches of the provisions in this Act can result in various consequences. For example, failure to make and subscribe the required oath or affirmation can result in an individual not being eligible for transfer or continued employment in a temporary capacity. The Act, however, does not specify particular offences or penalties for such breaches. It is important to note that the absence of explicit penalties does not necessarily mean that there are no legal repercussions; rather, it may imply that penalties are governed by other relevant legislation or common law principles.

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Administrative Law
Public Sector Law
Instrument
Act
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Commencement Provisions
Definitions & Interpretation
Transfer of Employees
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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.