Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916 No. 265, under the Commonwealth Public Service Act 1902-1916, were introduced to address the need for flexible employment policies for ex-servicemen returning from active duty during World War I. Enacted by Sir Arthur Stanley, the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, these regulations were made with the advice of the Federal Executive Council. The objective of these regulations was to ensure that returning soldiers who had served with a satisfactory record in any Expeditionary Force could be considered for public service appointments even if they had physical defects, provided a certified medical practitioner confirmed their capability to perform the duties of the nominated position. This amendment aimed to integrate returning veterans into the workforce, acknowledging their service and potential contributions despite any physical impairments.

Scope and Application

This statutory rule, numbered 1916 No. 265, pertains to the Commonwealth Public Service Act 1902–1916, specifically amending the Commonwealth Public Service Regulations. It applies to any successful candidates for positions within the public service who have previously served in any Expeditionary Force under the Defence Act 1903–1916, regardless of any physical defects they may have. The regulation allows for such candidates to be appointed if it is certified by an approved medical practitioner that they are free from physical defects that would hinder the efficient performance of their duties. The rule aims to provide flexibility in the appointment process for those with a satisfactory military service record, thereby recognising their prior service and contributions. The amendment, effective immediately, extends the scope of eligibility for public service positions to include veterans with physical impairments, provided they are deemed capable of fulfilling their prospective roles. This regulation is issued by the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, in accordance with the Federal Executive Council and the Prime Minister.

Key Provisions

The main operative sections of the Regulation under the Commonwealth Public Service Act 1912–1910 are found in the amendment to Regulation 229a, which now includes a new Sub-Regulation (3). This amendment allows for the appointment of successful candidates who have served with a satisfactory record in any Expeditionary Force raised under the Defence Act 1903–1916, even if they are not free from physical defects. The only condition for such appointments is that a medical practitioner approved by the Commissioner must certify that the candidate is free from physical defects that would incapacitate them from efficiently discharging the duties of the position for which they have been nominated. The obligations imposed by this Regulation primarily concern the medical certification process for candidates who have served in Expeditionary Forces. The Regulation mandates that for any candidate who meets the service criteria but has physical defects, a medical practitioner approved by the Commissioner must certify that the candidate is capable of efficiently performing the duties of the position. This certification is a prerequisite for the appointment of such candidates, ensuring that the public service maintains its operational efficiency despite the physical limitations of some candidates. Breaches of the requirements outlined in this Regulation could lead to serious consequences, though the Regulation itself does not explicitly detail the penalties or consequences for non-compliance. Given that these Regulations are made under the authority of the Commonwealth Public Service Act, any failure to comply with the stipulations regarding medical certification could potentially result in legal action, administrative penalties, or other disciplinary measures as outlined in the overarching Act or related statutes. The exact penalties would depend on the specific nature and severity of the breach, as well as the interpretation and enforcement by the relevant authorities.