Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Fifteenth Amendment 1919) was enacted in 1919 to address the need for adjustments in the regulations governing the public service in light of the demands of military training during wartime. This legislative instrument, issued by the Governor-General in accordance with the Commonwealth Public Service Act 1902-1918, aims to facilitate the integration of public service officers into military training while ensuring that such activities do not unduly burden the public service. The amendment introduces a provision allowing the Minister to grant leave with full pay to Senior Cadets who are required to undertake training under the Defence Act 1903-1918 during their regular working hours, thereby recognising the dual roles these officers hold. The policy objective behind this amendment is to support the military preparedness of public service officers without compromising the efficiency and operation of the public service.

Scope and Application

The Commonwealth Public Service Regulations (Fifteenth Amendment 1919) extends its application to officers within the Commonwealth Public Service who are designated as Senior Cadets under the Defence Act 1903-1918. This particular legislative instrument modifies the existing Public Service Regulations by introducing a new sub-regulation under regulation 88, which provides specific conditions under which leave of absence with full pay can be granted to these officers. Such leave is permissible for training required by section 127 of the Defence Act, provided the training occurs within the officer's ordinary hours of duty. However, this leave entitlement does not apply to training needed to rectify inefficiency as a trainee or during any period of confinement for an offence committed as a trainee. This amendment operates at the national level, affecting the terms and conditions of service for public service officers across the Commonwealth, thereby impacting the overall administration and operational efficiency of the public service in alignment with defence training requirements.

Key Provisions

The key operative sections of the Commonwealth Public Service Regulations (Fifteenth Amendment 1919) include the addition of sub-regulation 88(3) (paragraphs 1 to 2). This new sub-regulation allows for leave of absence with full pay to be granted by the Minister to officers who are Senior Cadets, provided that the leave is for training required by section 127 of the Defence Act 1903-1918. Importantly, this leave must occur during ordinary hours of duty. However, the regulation explicitly states that leave with pay will not be granted if the training is required due to the officer's failure to become efficient as a trainee or while the officer is undergoing confinement for an offence as a trainee (sub-regulation 88(3)(b)). The amendment imposes specific obligations on both the officers and the Minister. For the Senior Cadets, the regulation mandates that any training undertaken must align with the requirements set out in section 127 of the Defence Act 1903-1918 and must be conducted during their ordinary hours of duty. This ensures that the training does not interfere with their regular public service duties. The Minister, on the other hand, is obligated to review and approve requests for leave of absence with full pay under the new sub-regulation, ensuring that the training is legitimate and complies with the specified conditions. Failure to comply with the provisions of sub-regulation 88(3) could lead to various consequences. For officers, any misuse of the leave provisions, such as claiming pay for training that does not meet the regulation's criteria, could result in disciplinary action. The Minister, if found to have improperly granted leave, could also face scrutiny and potential repercussions. Although the regulation does not explicitly state penalties, breaches of public service regulations generally could lead to sanctions as per other relevant laws and internal departmental policies. The seriousness of the breach would determine the extent of the consequences, which might range from formal warnings to more severe disciplinary measures.