Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Ninth Amendment) 1919 was enacted to amend the existing Public Service Regulations under the Commonwealth Public Service Act 1902–1918. The amendment was made to provide more flexibility in classifying localities for public service officers, allowing the Commissioner to raise or lower the classification of a locality, classify a locality where an allowance is not currently granted, or direct that a locality be removed from the classified list. This regulation was introduced to address the need for adjustments in the classification of localities in response to changing circumstances or requirements. The amendment was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into operation from 1 April 1917. The policy objective was to ensure that the public service could adapt to the evolving needs of the nation while maintaining a fair and effective classification system for public service officers.

Scope and Application

The Commonwealth Public Service Regulations (Ninth Amendment, 1919) amends the existing regulations under the Commonwealth Public Service Act 1902–1918. Specifically, it modifies regulation 169, which pertains to the classification of localities within the public service. This regulation applies to all localities within the public service and allows the Commissioner to adjust the classification levels, either raising or lowering them, following a report from the Inspector and the Permanent Head and subject to the approval of the Governor-General. The changes are intended to provide flexibility in managing the classification of public service locations, although it specifies that officers already stationed in a locality at the time of a classification change will not be affected by that change while they remain in the same location. The amendment reflects an effort to adapt the regulatory framework to better suit the evolving needs of the public service, ensuring that classifications remain relevant and effective.

Key Provisions

The key provision of the Commonwealth Public Service Regulations (Ninth Amendment, 1919) is the amendment to regulation 169 (1). This regulation now allows the Commissioner to raise or lower the classification of any locality, classify a locality where an allowance is not currently granted, or direct that a locality be removed from the classified list. This decision-making process involves the Inspector and the Permanent Head providing a report, followed by the Commissioner making the determination, subject to the approval of the Governor-General. This amendment provides flexibility in managing the classification of localities within the public service. The Act imposes several obligations on the relevant parties, particularly the Commissioner, the Inspector, and the Permanent Head. The Commissioner must act on the reports provided by the Inspector and the Permanent Head to make a decision on the classification of a locality (1). The Inspector and the Permanent Head are required to submit their reports in a timely manner, providing the necessary information and recommendations for the Commissioner's decision (1). The Governor-General’s approval is also necessary before any changes can take effect, adding an additional layer of oversight (1). Breach of the provisions of this regulation may not inherently lead to specific criminal or civil penalties under this statutory rule. However, any mismanagement or improper classification of localities could potentially lead to administrative consequences or other forms of disciplinary action under the broader framework of the Commonwealth Public Service Act 1902-1918. The maximum penalties for such breaches would be determined by the overarching legislation and any related disciplinary procedures within the public service.