STATUTORY RULES.
1920. No. 17.
COMMONWEALTH PUBLIC SERVICE REGULATIONS (THIRD AMENDMENT, 1919).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902–1919, to come into operation forthwith.
Dated this twenty-first day of January, 1920.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
for Prime Minister.
Amendment of Commonwealth Public Service Regulations.
Regulation 104 of the Public Service Regulations is amended by omitting sub-regulation (3) thereof and inserting in its stead the following sub-regulation:—
“(3) The Governor-General may, from time to time, upon the recommendation of the Commissioner, create any office in the General Division not designated in Table B or C, and may fix the grade in which the officer occupying the office shall be placed and the limits of salary for the office, or may raise the grading of any office and fix the limits of salary therefor, or may raise or lower the salary of any office within a grade, and thereupon Table B or C, as the case may be, shall be deemed to have been amended by the inclusion of the office which has been so created or the grading of which has been so raised, or by the inclusion of the salary of any office which has been so raised or lowered.”
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 1920 No. 17, namely the Commonwealth Public Service Regulations (Third Amendment, 1919), was enacted in 1920 to address the need for flexibility and responsiveness in the structuring and remuneration of positions within the Commonwealth Public Service. This legislative instrument amends the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1902–1919, providing the Governor-General with the authority to create new offices and adjust the grading and salary limits of existing ones, based on recommendations from the Commissioner. The policy objective is to ensure that the public service can adapt to changing needs and demands efficiently.
This amendment was enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council, and was designed to enhance the adaptability of the Commonwealth Public Service by allowing for more fluid management of roles and remuneration. This regulatory change was intended to address the gaps in the existing framework that limited the ability to swiftly respond to the evolving requirements of public administration.
Scope and Application
The Commonwealth Public Service Regulations (Third Amendment, 1919) pertains to the Commonwealth Public Service as governed by the Commonwealth Public Service Act 1902-1919. Specifically, this legislation targets the administrative and functional aspects of the public service, enabling the Governor-General to make modifications to offices within the General Division. These modifications include the creation of new offices not listed in Tables B or C, adjustment of their grade and salary limits, and changes to existing office gradings or salaries. The regulation is applicable to public servants and officers within the Commonwealth public service, allowing for flexibility in managing and structuring the workforce according to the needs of the government. It extends across the Commonwealth, impacting the entire federal public service. No specific exclusions or exemptions are stated within the text, and the regulation allows for further detail and application to be defined through subordinate instruments as needed.
Key Provisions
The main operative sections of this legislative instrument concern amendments to the Commonwealth Public Service Regulations, specifically Regulation 104 (sub-regulation (3)). This amendment grants the Governor-General the authority to create new offices within the General Division of the public service that are not designated in Table B or C. The Governor-General, upon the recommendation of the Commissioner, can establish these new offices, determine their grade and salary limits. Furthermore, the regulation allows for the adjustment of the grading of existing offices and the modification of salary limits within the same grade. These changes are retroactive, and the tables detailing the public service roles and their associated grades and salaries are updated accordingly to reflect these new provisions.
The obligations imposed by this Act primarily fall on the Governor-General and the Commissioner. The Governor-General must act on the recommendation of the Commissioner when creating new offices or altering existing ones. This ensures a collaborative approach in managing public service roles. The Commissioner, in turn, has the responsibility to provide recommendations that are in line with the public service's operational needs and strategic goals. These obligations are critical in maintaining the efficiency and adaptability of the public service structure.
Failure to comply with the provisions of this Act could result in significant legal consequences. Although specific offences and penalties are not outlined in the text, breaches of public service regulations generally may lead to disciplinary actions against the public servants involved, including potential termination of employment. Additionally, any actions taken without the required recommendation from the Commissioner could be deemed invalid, leading to further administrative complications. The potential penalties for such breaches underscore the importance of adhering to the prescribed processes and recommendations.