Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916 No. 149, issued under the Commonwealth Public Service Act 1902-1916, represent an amendment to the Commonwealth Public Service Regulations. Enacted by the Governor-General in the Federal Executive Council, these regulations address the need for a structured and transparent reporting system regarding the temporary employment within Commonwealth departments. The primary objective is to ensure that the Inspector and subsequently the Commissioner receive a comprehensive annual return detailing all temporary employees, including their names, positions, duration of employment, and remuneration, thereby enhancing accountability and oversight of temporary staffing arrangements within the Commonwealth public service. This legislative instrument was introduced to formalise and streamline the reporting process concerning temporary employees, thereby contributing to better governance and management of public resources.

Scope and Application

This Statutory Rule, made under the Commonwealth Public Service Act 1902-1916, is aimed at regulating the reporting requirements for temporary employees within the Commonwealth Public Service. It applies to Chief Officers of each Department in every State who are mandated to submit an annual return detailing the names, branches, capacities, periods of employment, and rates of pay for all temporary employees engaged during the previous financial year. This return must be provided at the beginning of July each year, for transmission to the Commissioner. The geographic reach of this regulation extends across all states within the Commonwealth of Australia, ensuring uniform reporting standards and oversight. The rule specifically mandates the inclusion of all temporary employees without explicitly stating exclusions or exemptions, thus suggesting a broad application across the public service. While the primary regulation focuses on annual reporting, it is understood that the application and scope of these regulations may be further defined or extended through subordinate instruments issued under the authority of the Commonwealth Public Service Act.

Key Provisions

The Regulation under the Commonwealth Public Service Act 1902-1916 amends the existing Commonwealth Public Service Regulations, specifically focusing on the reporting of temporary employees. The key operative section is Regulation 29, which mandates that at the beginning of July each year, the Chief Officer of each Department in each State must provide a detailed return to the Inspector for transmission to the Commissioner. This return must include the names of all persons temporarily employed during the previous financial year, arranged alphabetically. Additionally, the return must detail the branch or office where these individuals were employed, their roles, periods of employment, and their rates of pay (Regulation 29(1)). This requirement ensures a transparent and comprehensive record of all temporary employees across the Commonwealth Public Service. The obligations imposed by this Act are primarily administrative and reporting in nature. The Chief Officers of each Department are tasked with compiling and submitting an accurate and detailed annual return of all temporary employees. This return must be meticulously prepared, providing specific information about each temporary employee, such as their names, employment periods, roles, and pay rates. The Chief Officers must ensure that this information is organised in an orderly manner, specifically in alphabetical order, to facilitate ease of review and analysis by the relevant authorities (Regulation 29(1)). The Inspector is then responsible for receiving these returns and forwarding them to the Commissioner, ensuring the continuity and accuracy of the information flow. Failure to comply with the requirements of this Regulation may result in both civil and administrative consequences. Although specific penalties are not detailed within the text, non-compliance with statutory obligations typically invites scrutiny and potential corrective action from the relevant authorities. The Commissioner and Inspector have the authority to investigate and address any deficiencies in the reported data, which may include requests for additional information, corrective submissions, or other remedial actions. In severe cases of non-compliance, further legal or administrative measures may be pursued to enforce compliance and uphold the integrity of the public service records.