Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Twentieth Amendment) 1920, made under the Commonwealth Public Service Act 1902-1918, were enacted by the Governor-General acting on the advice of the Federal Executive Council. This legislative instrument aims to amend existing regulations to address gaps in the determination of seniority among officers within the public service. The primary objective of these amendments is to establish a more structured and equitable method for determining the seniority of officers across different divisions and classes, ensuring that the process is transparent and fair. The changes introduced by this legislative instrument include specific criteria for determining seniority based on factors such as class, date of appointment, and the relative value of positions, ultimately aiming to enhance the efficiency and fairness of the public service structure.

Scope and Application

The Commonwealth Public Service Regulations (Twentieth Amendment 1920) applies to officers within the Commonwealth Public Service, including those in the Clerical and Professional Divisions as well as the General Division. The Regulations specifically address the determination of seniority among officers, modifying how seniority is assessed in different classes and divisions. Notably, the amendments clarify the criteria for determining seniority based on class, sub-division of class, and date of appointment or entrance into a sub-division. The seniority of officers in the General Division is to be determined by the Commissioner, considering factors such as the relative value of positions and length of service. The Regulations also alter the grounds for seniority determination by adding marriage as an additional factor alongside age. The scope of the Regulations is confined to the Commonwealth level, affecting officers across the federal public service, without specific exclusions or exemptions outlined in the text. The application of the Regulations is further extended or restricted through subordinate instruments as necessary.

Key Provisions

The main operative sections of this legislation concern amendments to the Commonwealth Public Service Regulations, specifically altering the seniority determination process for public service officers. Section 1 amends Regulation 49a, which outlines how seniority is established among officers in various divisions and classes. Under the new sub-regulation (2), officers in the fourth and higher classes of the Clerical Division, as well as Class E and higher classes of the Professional Division, will have their seniority determined by class, sub-division of class, and date of entrance into the sub-division. For officers in the fifth class of the Clerical Division and Class F of the Professional Division, seniority will be determined by the date of appointment to the division. For officers in the General Division, seniority will depend on the nature of their positions and whether they have prescribed regular increments. Where positions are similarly designated with regular increments, seniority is based on date of appointment; where there are no regular increments, seniority is based on salary paid and the date of receipt of that salary. For positions differently designated, the Commissioner will determine seniority based on factors such as relative value, length of service, and other relevant factors. These regulations impose specific obligations on the Commissioner to determine the seniority of officers in various circumstances. The Commissioner must apply the criteria set out in the amended sub-regulation (2) to determine the seniority of officers in the Clerical and Professional Divisions. In the General Division, the Commissioner must evaluate the relative value of positions, length of service, and other factors to determine seniority for officers in differently designated positions. Additionally, the new Regulation 142a requires the Commissioner to determine the seniority of officers transferred from the General Division. These obligations are designed to ensure a fair and consistent process for determining seniority among public service officers. Breach of these regulations or failure to comply with the obligations imposed by the Commissioner may result in legal consequences. While the legislation does not explicitly outline offences or penalties for non-compliance, breaches of public service regulations could potentially lead to administrative penalties or legal action under the Commonwealth Public Service Act 1902-1918. The specific penalties would depend on the nature of the breach and any relevant provisions within the overarching act. The regulations aim to maintain order and fairness in the public service by clearly defining the process for determining officer seniority.