Commonwealth Public Service (Acting Commissioner) Act 1916

Overview

The Commonwealth Public Service (Acting Commissioner) Act 1916 was enacted to address the need for a temporary appointment of an Acting Public Service Commissioner. This legislation was introduced to ensure continuity in the administration of the Commonwealth Public Service during a transitional period. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective of this Act was to facilitate the smooth functioning of the Public Service by appointing an Acting Public Service Commissioner, William Burton Edwards, who would serve until a permanent Public Service Commissioner was appointed. This Act provided a temporary solution to maintain the efficiency and effectiveness of the public service administration during a period of transition.

Scope and Application

The Commonwealth Public Service (Acting Commissioner) Act 1916 is a brief legislative instrument designed to facilitate the temporary appointment of an Acting Public Service Commissioner within the Commonwealth Public Service framework. This Act applies specifically to the individual named, William Burton Edwards, Esquire, who is to be appointed as Acting Public Service Commissioner from a specified date, and continues in that role until the Governor-General either appoints a new Public Service Commissioner or otherwise directs. The Act's geographic and jurisdictional reach is confined to the Commonwealth level, thereby affecting the operations and administration of the Commonwealth Public Service. There are no stated exclusions, exemptions, or thresholds within the Act itself, and it does not extend its application through subordinate instruments. Instead, it provides a clear and direct pathway for the appointment and remuneration of an Acting Public Service Commissioner, ensuring continuity in the administration of public service during a temporary vacancy.

Key Provisions

The main operative sections of the Commonwealth Public Service (Acting Commissioner) Act 1916 include the short title (section 1), which refers to the Act as the "Commonwealth Public Service (Acting Commissioner) Act 1916", and the appointment of an Acting Public Service Commissioner (section 2). Section 2(1) allows the Governor-General to appoint William Burton Edwards, Esquire, Public Service Inspector, as Acting Public Service Commissioner, effective from 4 May 1916, until a permanent Public Service Commissioner is appointed or the Governor-General otherwise directs. Section 2(2) specifies that the salary for the Acting Public Service Commissioner will be twelve hundred pounds per year, paid from the Consolidated Revenue Fund. The Act imposes specific obligations and requirements on the parties involved. The Governor-General has the authority to appoint an Acting Public Service Commissioner, in this case, William Burton Edwards, Esquire, for the duration specified in the Act or until further notice. The salary for the Acting Public Service Commissioner is to be paid from the Consolidated Revenue Fund, ensuring that the financial responsibility for this role is clearly defined and funded by the government. Breaches of the Act are not explicitly detailed within the text provided, and therefore, no specific offences, penalties, or consequences for breach are mentioned. It is important to note, however, that any deviation from the provisions outlined in the Act could potentially lead to legal consequences, including the potential for the Governor-General to revoke the appointment of the Acting Public Service Commissioner if the Act's requirements are not met or followed.