STATUTORY RULES.
1916. No. 172.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Public Service Act 1902-1916 to come into operation forthwith.
Dated this second day of August, One thousand nine hundred and sixteen.
Governor-General.
By His Excellency’s Command,
for the Acting Prime Minister.
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Amendment of Commonwealth Public Service Regulations
(Statutory Rules 1913, No. 341).
Regulation 49a. is repealed, and the following is inserted in its stead:—
Seniority of officers
“49a. (1) Upon appointment, promotion, or transfer of an officer to any office the relative seniority of the officer may be determined by the Commissioner as a condition of such appointment, promotion, or transfer.
“(2) In the absence of any such determination, the seniority of officers in the Clerical and Professional Divisions shall be determined according to class, subdivision of class and date of entrance into subdivision, and the seniority of officers in the General Division shall be determined as follows:—
(a) In cases where officers are occupying positions similarly designated and where advancement in salary is by proscribed regular increments—by date of appointment to position.
(b) In cases where officers are occupying positions similarly designated and advancement in salary is not by prescribed regular increments—by salary paid and date of receipt of such salary,
(c) In cases where officers are occupying positions differently designated—by the Commissioner, having regard to the relative value of positions, length of service therein, and such other factors as the Commissioner may deem it necessary to consider in order equitably to determine the seniority.
C.9691—Price 3d.
“(3) Salary paid by reason of age shall not be taken into consideration in determining seniority, and in any case where an officer is reduced in salary or is debarred from increment through misconduct, lack of efficiency, or other reasons, seniority may be varied correspondingly at the discretion of the Commissioner.
“(4) Unless the Commissioner otherwise directs, nothing contained in this Regulation shall be regarded as affecting seniority as existing prior to the Regulation.”
Transfer of officers from one office to another
“40b. An officer may be transferred from one office to another without reduction of salary: provided that unless otherwise directed by the Commissioner, the salary paid in the new office shall not exceed the maximum for such office.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1916, No. 172, issued under the Commonwealth Public Service Act 1902-1916, were enacted to address the need for more structured and equitable processes in determining the seniority of officers within the public service. These regulations, made by the Governor-General in accordance with the Federal Executive Council, came into operation immediately to ensure that officers' appointments, promotions, and transfers were handled in a manner that was both transparent and fair. The primary objective was to provide clear guidelines for the Commissioner to determine the relative seniority of officers, ensuring that positions within the Clerical, Professional, and General Divisions were filled based on merit, length of service, and other relevant factors. This legislative instrument aimed to establish a consistent framework that would reduce ambiguity and conflict in the public service hierarchy, thereby enhancing efficiency and fairness within the public sector.
Scope and Application
The Statutory Rules 1916, No. 172, made under the Commonwealth Public Service Act 1902-1916, establish regulations governing the Commonwealth Public Service. These regulations apply to officers within the public service and dictate the terms of their appointment, promotion, and transfer. They outline the procedures for determining the relative seniority of officers upon such events and provide for the equitable assignment of seniority based on class, date of entry, salary, and other relevant factors at the discretion of the Commissioner. These rules apply nationally, extending across the Commonwealth of Australia, and impact all officers within the public service. The regulations include provisions for maintaining existing seniority unless otherwise directed by the Commissioner and outline conditions for transfers between offices, ensuring that transfers do not result in a reduction of salary unless specifically allowed. The regulations also provide for adjustments in seniority in cases of salary reduction due to misconduct or other reasons, thereby maintaining fairness within the public service structure.
Key Provisions
The main operative sections of these regulations concern the determination of seniority of officers upon their appointment, promotion, or transfer (Regulation 49a), and the transfer of officers between offices without a reduction in salary (Regulation 40b). According to Regulation 49a(1), the Commissioner may determine the relative seniority of an officer as a condition of their appointment, promotion, or transfer. If no such determination is made, Regulation 49a(2) outlines the criteria for determining seniority in the Clerical and Professional Divisions, and for officers in the General Division. Notably, seniority should not be determined based on salary paid due to age, misconduct, or lack of efficiency, as stipulated in Regulation 49a(3). Furthermore, Regulation 49a(4) clarifies that these provisions do not affect any pre-existing seniority unless otherwise directed by the Commissioner. Regulation 40b provides that an officer may be transferred from one office to another without a reduction in salary, provided that the salary in the new office does not exceed the maximum for that office unless otherwise directed by the Commissioner.
These regulations impose certain obligations on the Commissioner and officers of the Commonwealth Public Service. The Commissioner must determine the relative seniority of an officer upon their appointment, promotion, or transfer, as per Regulation 49a(1). The Commissioner also has the discretion to vary the seniority of an officer in cases of misconduct, lack of efficiency, or other reasons, as stated in Regulation 49a(3). Additionally, the Commissioner may direct that the salary of an officer in a new office should not exceed the maximum for that office, as per Regulation 40b. Officers, on the other hand, must comply with the determinations made by the Commissioner regarding their seniority and transfer, as these regulations apply to their appointments, promotions, transfers, and salaries.
Breaches of these regulations may lead to civil or criminal consequences. However, the regulations themselves do not explicitly state any offences, penalties, or consequences for non-compliance. It is likely that any breaches of these provisions would be subject to the penalties outlined in the Commonwealth Public Service Act 1902-1916 or other relevant legislation. The maximum penalties for offences under the Commonwealth Public Service Act could include fines and imprisonment, depending on the nature and severity of the offence. For instance, under section 134 of the Act, an officer who is found guilty of misconduct may be dismissed from the service, which could have significant financial and professional consequences for the officer.