Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918, No. 196, titled the Regulations under the Commonwealth Public Service Act 1902-1917 (Fifth Amendment 1918), were introduced to amend the Commonwealth Public Service Regulations and provide for the selection of temporary assistance during a period of significant national need, particularly in light of World War I. This legislative instrument was enacted by the Governor General in Council, under the authority granted by the Commonwealth Public Service Act 1902-1917. The primary objective of these regulations was to ensure that temporary assistance positions were filled with due consideration for those most affected by the war, namely the families of deceased service members and returning veterans. The policy objective was to provide preference in employment to those who had served in the Expeditionary Forces, as well as their dependents, reflecting a commitment to support those who had contributed to the nation’s defence efforts.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1902-1917, as amended by the Fifth Amendment in 1918, apply to the selection of temporary assistance within the Commonwealth Public Service, specifically governed by section 40 of the Act. This legislative instrument is concerned with the procedural aspects of selecting individuals for temporary employment, ensuring that the selection process is both orderly and prioritises certain categories of individuals based on their service records and dependency status. The regulation outlines a hierarchy of preference in selecting candidates for temporary assistance, with priority given to individuals based on their military service history and familial ties to deceased service members, as well as those who are qualified by examination and union membership. These regulations apply nationwide as they are promulgated under the Commonwealth, affecting all states and territories within Australia. The regulations further stipulate that the selection for temporary assistance must be made from the register of candidates in the state where the assistance is required, unless an Inspector has previously notified the relevant authority of the availability of assistance from other departments. This provision ensures coordination and flexibility in managing temporary staffing needs across various government departments. The regulations also include provisions for the remuneration rates to be set by the Commissioner if the Inspector deems the proposed rates by the Permanent Head or Chief Officer to be inadequate or excessive. Additionally, the regulations state that unappointed candidates who have successfully completed an examination are to be considered registered for temporary employment during their eligibility period for permanent appointment. This ensures a streamlined process for employing qualified candidates on a temporary basis while they await permanent placement.

Key Provisions

The Regulations under the Commonwealth Public Service Act 1902-1917, specifically Regulation 121, detail the process for selecting individuals for temporary assistance. Section (1) of Regulation 121 specifies the order of preference for selecting individuals from the register in the state where the assistance is required. The priority list starts with married and unmarried individuals who have served in any Expeditionary Force with a satisfactory record, followed by widows and unmarried daughters, widowed mothers, and unmarried sisters of deceased members who were dependent on the deceased member's earnings. The next in line are individuals qualified by examination for permanent appointment, and finally, members of a Trades Union or Industrial organisation, provided other factors are equal. If the Inspector has previously notified the Permanent Head or Chief Officer of the ability to provide assistance from other departments, the selection from the register must not proceed without first consulting the Inspector. Section (2) requires the Permanent Head or Chief Officer to immediately provide the Inspector with the names of those selected and the proposed remuneration. If the Inspector deems the remuneration excessive or inadequate, they must refer the matter to the Commissioner for a final decision. Section (3) stipulates that all successful unappointed candidates at an examination are to be considered registered for temporary employment in their qualified class of work during their eligibility period for permanent appointment. The obligations under these Regulations require the Permanent Head or Chief Officer to adhere to the specified order of preference when selecting candidates for temporary assistance. They must promptly supply the Inspector with the names of those selected and the proposed rate of remuneration. The Inspector, in turn, must review the remuneration rates and refer any concerns to the Commissioner. Additionally, the Commissioner is responsible for making the final determination on the remuneration rates. Furthermore, any instances where the Inspector has notified the Permanent Head or Chief Officer of the potential for assistance from other departments must be considered, ensuring that the selection process is coordinated and informed. Breaches of these obligations could result in administrative consequences. The Regulations do not explicitly state offences or penalties for non-compliance, but failure to follow the prescribed selection process and timely reporting requirements could lead to investigations and potential disciplinary actions under the broader Commonwealth Public Service Act 1902-1917. Non-compliance might also impact the fairness and efficiency of the temporary assistance selection process, indirectly affecting the public service's operational integrity.