Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1915, No. 252, under the Commonwealth Public Service Act 1902-1915, were enacted to amend the Commonwealth Public Service Regulations, specifically addressing the forfeiture of office by female officers upon marriage. This regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into operation immediately upon its enactment. The primary purpose of this legislative instrument was to update and replace Provisional Regulation (Statutory Rules 1915, No. 187) concerning the conditions under which female officers could continue to hold their positions after marriage. Unless the Permanent Head recommended and the Commissioner certified that a female officer's continued employment was in the public interest, she was deemed to have forfeited her office upon marriage, ceasing to perform her duties and receive her salary. Additionally, if she had been continuously employed for at least five years, she was entitled to a sum equivalent to her salary based on her length of service.

Scope and Application

The Commonwealth Public Service Regulations, as amended by Statutory Rules 1915, No. 252, apply to female officers within the Commonwealth public service who marry. This regulation stipulates that unless a female officer's continuation in service is deemed necessary in the public interest, her marriage results in the automatic forfeiture of her office, requiring her to cease duties and salary. The regulation also provides a compensatory payment based on years of service, provided the officer has been continuously employed for at least five years and is not on leave or has not received leave payments. The geographic reach of these regulations is national, applying to all female officers in the Commonwealth public service across Australia. These provisions supersede earlier regulations under the Commonwealth Public Service Act 1902-1915 and can be further amended or extended through subordinate instruments.

Key Provisions

The key provision of this legislative instrument is the amendment to the Commonwealth Public Service Regulations, specifically concerning the forfeiture of office by female officers upon marriage (Regulation 140). According to Regulation 140, a female officer is deemed to have forfeited her office and must cease performing her duties and receiving her salary upon marriage, unless the Permanent Head recommends and the Commissioner certifies that her continued employment is in the public interest. The regulation also stipulates that if a female officer has been continuously employed for at least five years and is not entitled to or has not been granted leave of absence as prescribed in section 71 of the Act or payment in lieu thereof, she must be granted a sum equivalent to salary upon ceasing to perform her duties. This sum is calculated based on the length of her service, with a one-month equivalent for service of five years and under eight years, a two-month equivalent for service over eight years and under twelve years, and a three-month equivalent for service over twelve years and under twenty years. The obligations imposed by this regulation include the requirement for the Permanent Head to recommend and the Commissioner to certify the continued employment of a female officer in the public interest, if applicable. Additionally, the regulation mandates that the relevant authorities must calculate and grant the sum equivalent to salary to a female officer who has been continuously employed for at least five years and is not entitled to or has not been granted leave of absence as prescribed in section 71 of the Act or payment in lieu thereof. The regulation further requires that female officers must cease performing their duties and receiving their salary upon marriage unless the aforementioned conditions are met. The regulation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that failure to comply with the provisions of Regulation 140 could result in legal consequences, such as the female officer being entitled to seek redress through the courts for any salary or benefits to which she is entitled under the regulation. The specific penalties or consequences for non-compliance are not detailed in the regulation itself but would likely be determined by the relevant courts or tribunals in the context of any legal action taken by the affected female officer.