STATUTORY RULES.
1918. No. 228.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1917. (TWELFTH AMENDMENT 1918.)
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 1902-1917 to come into operation forthwith.
Dated this twenty-eighth day of August, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. A. WATT,
Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1913, No. 341, as amended by Statutory Rules 1918, No. 38.)
Regulation 73 is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulations:—
“(2) Express permission is hereby given to any officer to accept or engage in employment other than in connexion with the duties of his office under the Commonwealth, provided no remuneration is received for such employment, but the permission hereby given may at any time be withdrawn by the Governor-General, by notice in the Gazette, either generally or in respect of any officer or class of officers or in respect of any, employment or class of employment.
“(3) Where application for permission to engage in the performance of work outside the Public Service is necessary, such application shall be made to the Chief Officer, who shall forward it, with his report, through the Permanent Head, for the consideration of the Commissioner.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The Statutory Rules 1918, No. 228, represent the twelfth amendment to the Commonwealth Public Service Regulations, enacted under the Commonwealth Public Service Act 1902-1917. This legislative instrument, issued by the Governor-General in Council, addresses the need for flexibility in the employment arrangements of public service officers while ensuring that any additional employment does not conflict with their primary duties or compromise the integrity of the public service. The amendment permits officers to engage in other employment without remuneration, provided they receive express permission, which can be granted or revoked by the Governor-General. The policy objective is to balance the personal circumstances of public servants with the requirements of their public service roles, ensuring transparency and accountability in any secondary employment arrangements.
Scope and Application
The twelfth amendment to the Commonwealth Public Service Regulations, enacted under the Commonwealth Public Service Act 1902-1917, pertains to the conditions under which public servants may accept or engage in employment outside their primary duties within the Commonwealth. This amendment applies to all officers within the Commonwealth Public Service and modifies the rules concerning the acceptance of outside employment, specifically prohibiting remuneration for such engagements. The regulation grants express permission for officers to undertake additional work outside their official duties, provided that no payment is received for this work, but it also reserves the right for the Governor-General to withdraw this permission at any time, either generally or for specific officers or types of employment, through notice in the Gazette. If an officer wishes to engage in work outside the Public Service, they must seek permission by submitting an application to the Chief Officer, who will then forward the application along with a report through the Permanent Head for the Commissioner's consideration. This legislative instrument underscores the stringent oversight of additional employment activities by public servants, ensuring they do not conflict with their primary duties or receive financial benefit from outside work.
Key Provisions
The main operative sections of these regulations pertain to the amendment of Regulation 73 of the Commonwealth Public Service Regulations. Specifically, sub-regulation (2) has been altered to permit officers to accept or engage in employment outside of their Commonwealth duties, provided they do not receive remuneration for such employment (Reg. 73(2)). This permission, however, is subject to revocation by the Governor-General at any time, either generally or for specific officers or types of employment, through a notice in the Gazette (Reg. 73(2)). Additionally, Regulation 73(3) introduces a procedural requirement for officers seeking permission to engage in work outside the Public Service, mandating that they apply to the Chief Officer, whose report will be forwarded through the Permanent Head for the Commissioner’s consideration.
These regulations impose several obligations on officers within the Commonwealth Public Service. Firstly, officers must not engage in remunerated employment outside their Commonwealth duties without explicit permission (Reg. 73(2)). Secondly, if officers wish to engage in outside work, they must formally apply for permission, following the stipulated procedure which involves the Chief Officer, the Permanent Head, and the Commissioner (Reg. 73(3)). The regulations also place a responsibility on the Governor-General to monitor and potentially revoke permission to engage in outside employment, ensuring compliance with the regulatory framework.
Failure to comply with these regulations can lead to various consequences. While the regulations themselves do not explicitly detail offences, penalties, or specific consequences for breach, the overarching Commonwealth Public Service Act 1902-1917 and related legislative instruments would typically provide for disciplinary actions against officers who contravene the regulations. Such actions might include reprimands, suspensions, or even dismissal from the Public Service. Additionally, if the Governor-General revokes permission and the officer continues with the outside employment, this could also result in serious administrative or disciplinary consequences.