STATUTORY RULES.
1916. No. 6.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1915 to come into operation forthwith.
This Regulation shall supersede Provisional Regulation (Statutory Rules 1915, No. 216) under the said Act, made on the twenty-seventh day of October, One thousand nine hundred and fifteen.
Dated this twenty-sixth day of January, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1913, No. 341.)
Regulations 91, 92, and 93, and sub-Regulations (1) and (2) of Regulation 94 are repealed.
Regulation 128 is amended by the deletion of the words following “extended,” and the substitution therefor of the following:—
“by authority of the Commissioner when his name shall be struck off at the expiry of the authorized extension.”
Regulation 132 is amended by the insertion at the commencement of the Regulation of the following:—
“Except as provided in Section 40 of the Act.”
and by deleting the words—
“or for nine months continuously where extended.”
Regulation 208 is amended by the deletion of “twenty-one,” and the insertion therefor of “twenty-five.”
Regulation 227 is amended by the deletion of the words “up to twice the estimated number of new appointments,” and of the last sentence commencing with the words “In the event of,” and the addition to the Regulation of the following:—
“Provided that at examinations for appointment to the General Division at which practical tests are imposed upon candidates, the marks obtained for such practical tests shall determine the order of merit of candidates.”
Regulation 229 is amended by the insertion at the commencement of the Regulation of the following:—
“Except as provided in Section 26a of the Act,”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.393.—Price 3d.
Overview
The Commonwealth Public Service Regulations of 1916 (Statutory Rules 1916, No. 6) were enacted to amend existing regulations under the Commonwealth Public Service Act 1902-1915. This legislative instrument was introduced to address and rectify certain administrative issues within the public service, ensuring that the regulations were up-to-date and reflective of the evolving needs of the public sector. The regulation was made by the Governor-General in Council, under the authority granted by the Commonwealth Public Service Act, with the overarching policy objective being to streamline and modernise the public service regulations. By amending and repealing certain sections, the regulation aimed to provide clearer guidelines and more efficient processes for public service appointments and the administration of public service roles.
Scope and Application
The Regulation under the Commonwealth Public Service Act 1902-1915 applies to the administration and governance of the Commonwealth Public Service, specifically affecting the public servants and the mechanisms of their appointments, conditions of service, and disciplinary procedures. This legislation, enacted by the Governor-General in Council, has a Commonwealth-wide jurisdiction and supersedes previous provisional regulations, thereby consolidating the legal framework governing public service employment. The regulation introduces amendments to certain provisions, including adjustments to the age limit for appointments, the criteria for determining the order of merit in examinations, and the conditions under which the Commissioner's authority can extend the duration of appointments. Notably, the regulation incorporates specific exceptions and provisions as outlined in Sections 40 and 26a of the Act, thereby providing clarity and specificity in the administration of public service regulations. The scope of the regulation is further extended through subordinate instruments, ensuring comprehensive coverage of public service employment practices.
Key Provisions
The primary sections of the legislation (Statutory Rules 1916, No. 6) amend existing provisions under the Commonwealth Public Service Act 1902-1915. Specifically, Regulations 91, 92, and 93, along with sub-Regulations (1) and (2) of Regulation 94, are repealed. Regulation 128 is modified to clarify that the Commissioner has the authority to remove a name from the list upon the expiration of an authorized extension. Regulation 132 is amended to exclude the provision that allows for a nine-month continuous period, except as permitted by Section 40 of the Act. Regulation 208 is updated to change the age requirement from twenty-one to twenty-five years. Regulation 227 is revised to state that practical test marks should determine the order of merit for candidates taking examinations for appointment to the General Division, with additional provisions concerning the number of new appointments. Lastly, Regulation 229 is amended to exclude certain provisions unless provided for in Section 26a of the Act.
The obligations imposed by these regulations on parties or entities governed by the Act include adherence to the new age requirement for certain appointments, compliance with the revised process for striking off names from the list upon expiry of extensions, and ensuring that practical test marks determine candidate merit in specific examinations. Furthermore, the regulations necessitate that any examinations for the General Division include practical tests where applicable, and that the number of new appointments be handled in accordance with the amended provisions.
Breaches of these regulations can lead to civil or criminal consequences. For instance, failure to adhere to the new age requirement could result in invalid appointments, while not following the specified process for striking off names may lead to administrative errors. Additionally, not conducting practical tests or improperly determining candidate merit could result in unfair appointment processes. The specific penalties for these breaches are not detailed in the statutory rules, but they may include fines, administrative sanctions, or other legal actions as prescribed by the Commonwealth Public Service Act 1902-1915 or related legislation.