Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917 No. 87, made under the authority of the Commonwealth Public Service Act 1902-1916, represents an amendment to the Commonwealth Public Service Regulations. Enacted by the Governor-General in Council, this regulation was introduced to refine the process for nominating candidates for the position of Representative of Division within the public service. The regulation specifically addresses the number of individuals required to submit written nominations and the necessity for candidates to provide written consent, aiming to formalise and streamline the nomination process. It also mandates public notification of election and nomination dates in the Commonwealth Gazette to ensure transparency and compliance with the procedural requirements outlined in the legislation.

Scope and Application

The Statutory Rules 1917 No 87, made under the Commonwealth Public Service Act 1902-1916, outlines specific regulations governing the nomination process for the position of Representative of Division within the Commonwealth public service. The regulation applies to individuals who are entitled to vote in a particular division, with the requirement that at least twenty persons in a general division or two persons in an Administrative or Professional division must submit a nomination in writing for a candidate, accompanied by the candidate’s written consent. The regulation specifies that these nominations must reach the Returning Officer on or before a specified date, which is to be publicly advertised three times in the Commonwealth Gazette at least six weeks prior to the election date. This regulation therefore mandates a formal nomination process for candidates, ensuring that they are properly endorsed by a requisite number of voters within their division. The regulation's application is national in scope, affecting all divisions within the Commonwealth public service.

Key Provisions

The principal operative sections of this legislation, namely Regulation 239, pertain to the nomination process for the position of Representative of Division under the Commonwealth Public Service Act 1902-16. Regulation 239 stipulates that all nominations for this position must be made in writing and must be submitted by not less than twenty persons who are entitled to vote in the relevant division (239(1)). However, for the Administrative and Professional Divisions, nominations by as few as two persons are sufficient (239(1)). Furthermore, the nominations must include the written consent of the candidate and must be received by the Returning Officer on or before a specified date (239(2)). The dates for both the election and the closing of nominations are to be publicly advertised in the Commonwealth Gazette three times, with the closing date for nominations being at least six weeks before the election date (239(3)). The Act imposes specific obligations on the parties involved in the nomination process. These include the requirement for nominations to be in writing and submitted by the specified number of eligible voters, as well as obtaining the candidate's written consent (239(1), 239(2)). Additionally, it is mandatory for the Returning Officer to be notified of the dates for the election and the closing of nominations, which must be advertised in the Commonwealth Gazette three times (239(3)). Failure to adhere to these requirements could potentially invalidate the nomination process, leading to complications in the election procedure. In the event of a breach of the provisions outlined in this legislation, there are no explicit mentions of specific offences, penalties, or civil/criminal consequences within the text. However, it is reasonable to infer that any failure to comply with the stipulated requirements for nomination could result in the nomination being deemed invalid, which might have significant implications for the election process. The lack of explicit penalties in the regulation suggests that the primary consequence of non-compliance would be procedural, such as the disqualification of the nomination rather than a specific financial or criminal penalty.