Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1915, No. 121, under the Commonwealth Public Service Act 1902-1913, were enacted to amend the Commonwealth Public Service Regulations of 1913. These regulations were introduced to address the need for more efficient and fair administration within the Commonwealth Public Service by updating the rules governing employee leave, medical examinations, salary grading, and the handling of Board of Inquiry proceedings. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations, which aimed to streamline certain processes and clarify responsibilities within the public service. These amendments reflect a policy objective to improve the operational effectiveness and accountability of the public service through clearer guidelines and regulations.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1902-1913 apply to officers of the Commonwealth Public Service, thereby encompassing individuals who are employed by the federal government and are subject to the provisions set forth in these regulations. This includes various positions within the public service, such as motor mechanics, and applies to their terms of employment, leave entitlements, and disciplinary measures. The regulations govern the geographic scope of the Commonwealth of Australia, ensuring uniform application across all federal public service departments and agencies. However, these regulations do not extend to state or territory public services. There are certain exclusions, such as the requirement for medical certificates for single-day absences not exceeding three in any twelve months, unless specifically directed by the Chief Officer. Additionally, the regulations do not apply to officers who are provided with subsistence and lodging or are travelling by steamer or other vessel where the fare paid includes subsistence. Subordinate instruments may further extend or restrict the application of these regulations, providing specific details or clarifications as needed.

Key Provisions

The main operative sections of these Regulations, which are amendments to the Commonwealth Public Service Regulations, 1913, include significant changes to the way absences due to illness are handled, the grading of certain positions, and the timeline for applying for payments. Regulation 66 has been amended to allow for the approval of officers by the Permanent Head or Chief Officer in addition to the Chief Officer themselves (sub-regulation 1). Regulation 77 allows for single-day absences up to three in any twelve months without the need for a medical certificate unless directed otherwise by the Chief Officer (sub-regulation 1). Regulation 81 has been entirely replaced to clarify the conditions under which leave on account of illness is granted with pay, and it introduces a fee for special medical examinations if misconduct or absence without sufficient cause is suspected (regulation 81). Additionally, Table II of Regulation 104 has been amended to grade Motor Mechanics (in charge) and Motor Mechanics with specific salary ranges and increments (table II). Regulation 156 has been extended to cover officers travelling by steamer or other vessels where the fare includes subsistence or those provided with subsistence and lodging (regulation 156). Regulation 166a has been modified to require applications for payment to be made within one month of eligibility, otherwise payment will only be made from the date of application (sub-regulation 2). Finally, Regulation 253 has been amended to clarify that a Divisional Representative on a Board of Inquiry will continue to hold office until proceedings are completed, even if their term has expired (regulation 253). These Regulations impose various obligations on public service officers and the entities they govern. Officers must adhere to the new conditions regarding absences due to illness, including the requirement to submit a medical certificate unless exempt under the new sub-regulation 77. They must also comply with the grading and salary increments outlined in Table II of Regulation 104 for Motor Mechanics. Furthermore, officers must ensure that applications for payments under Regulation 166a are made within one month of becoming eligible. The Chief Officer is tasked with determining whether misconduct has led to an officer's illness and may send a special medical officer for examination, as stipulated in Regulation 81. Additionally, Divisional Representatives on a Board of Inquiry must remain in their position until the proceedings are completed, as per Regulation 253. Breach of these Regulations can result in various penalties and consequences. For instance, if an officer is found to have caused their sickness or ill-health through misconduct, they will not be granted leave with pay, and any fees paid to a special medical officer may be deducted from their salary (Regulation 81). Officers who fail to apply for payment within the stipulated one-month period under Regulation 166a will only receive payment from the date of their application. While the Regulations do not explicitly state penalties for other breaches, it is reasonable to infer that non-compliance with other provisions could lead to disciplinary action or other administrative penalties as determined by the relevant authorities.