Commonwealth Public Service Regulations 1913 (Amendment)

Overview

Statutory Rules 1915, No. 128, enacted under the Commonwealth Public Service Act 1902-1913, addresses the issue of eligibility for Divisional Representatives within the public service framework. This legislative instrument, made by the Governor-General in Council, effectively supersedes the Provisional Regulation (Statutory Rules 1915, No. 60) to clarify and amend the regulations concerning Divisional Representatives. The objective, as articulated in the regulation, is to ensure that Divisional Representatives are officers employed within their respective State and Division, while explicitly disqualifying officers employed as Commonwealth Electoral Officers or as Divisional Returning Officers under the Commonwealth Electoral Act from nomination and election as Divisional Representatives. This amendment aims to streamline the process and maintain clear delineations within the public service structure.

Scope and Application

The Statutory Rules 1915, No. 128, made under the Commonwealth Public Service Act 1902-1913, is a legislative instrument that supersedes the Provisional Regulation (Statutory Rules 1915, No. 60) made on 23 April 1915. This regulation introduces amendments to the Commonwealth Public Service Regulations 1913, particularly concerning the eligibility and nomination of officers as Divisional Representatives. It applies to officers employed in the state and division they represent, establishing that those employed as Commonwealth Electoral Officers or as Divisional Returning Officers under the Commonwealth Electoral Act are ineligible for nomination and election as Divisional Representatives. The regulation applies nationally, impacting all divisions within the Commonwealth of Australia. The scope of this regulation is confined to altering specific roles within the public service, with no stated exclusions or exemptions, and it does not extend its application through subordinate instruments.

Key Provisions

The primary operative sections of the legislation (Reg. 255) amend the Commonwealth Public Service Regulations 1913 by repealing Regulation 255 and substituting it with new provisions. This amendment specifies that a Divisional Representative must be an officer employed within the relevant State and Division they represent. Furthermore, it explicitly states that officers employed as Commonwealth Electoral Officers or as Divisional Returning Officers under the Commonwealth Electoral Act are ineligible for nomination and election as Divisional Representatives (Reg. 255). This Act imposes specific eligibility criteria on officers who may serve as Divisional Representatives within the public service framework. It mandates that these representatives must be currently employed within the designated state and division they are to represent. Additionally, it introduces a clear exclusion for officers who hold roles as Commonwealth Electoral Officers or Divisional Returning Officers under the Commonwealth Electoral Act, barring them from nomination or election as Divisional Representatives (Reg. 255). Breaches of the provisions stipulated in the Act may result in various consequences. However, the legislation itself does not explicitly detail offences, penalties, or specific civil or criminal consequences for non-compliance. Given its historical context, it is reasonable to infer that violations could be subject to general administrative or disciplinary actions under the broader framework of the Commonwealth Public Service Act 1902-1913. These could include potential repercussions such as reprimands, suspensions, or other administrative measures as deemed appropriate by the relevant authorities.