Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Eighteenth Amendment) 1919, enacted in 1919, was introduced to address a specific oversight in the application of the Commonwealth Public Service Regulations to certain public service officers. The regulation was made by the Governor-General in Council under the authority of the Commonwealth Public Service Act 1902-1918. The primary objective of this amendment was to ensure that particular officers, namely those stationed at lighthouses and officers of the Treasury Guard, were exempt from the application of Regulation 66 of the Public Service Regulations. This adjustment aimed to provide clarity and appropriate exception to the general rules governing the Commonwealth Public Service, ensuring that these specific roles and their duties were accurately recognised and regulated under the broader public service framework.

Scope and Application

The Commonwealth Public Service Regulations (Eighteenth Amendment) 1919, as enacted under the Commonwealth Public Service Act 1902-1918, applies to officers within the Commonwealth public service, specifying an amendment to Regulation 66. The amendment exempts certain officers from the scope of this regulation, namely those stationed at lighthouses and officers of the Treasury Guard. This means that these specific groups of officers are no longer subject to the provisions that would otherwise apply to them under the regulation. The regulations are set to come into effect from 1st July, 1919, and are a direct result of the legislative authority granted under the Commonwealth Public Service Act. The regulation's amendment is geographically applicable throughout the Commonwealth of Australia, thereby affecting public service officers nationwide.

Key Provisions

The main operative sections of the Commonwealth Public Service Regulations (Eighteenth Amendment, 1919) focus on amending Regulation 66. Specifically, sub-regulation (5) of Regulation 66 is amended to exclude certain officers from its application (Regulation 66(5)). The amendment explicitly states that this regulation will not apply to officers stationed at lighthouses or to officers of the Treasury Guard. This change effectively exempts these specific groups of officers from the purview of the previously applicable regulation, thereby altering their employment conditions or other related aspects governed by the Commonwealth Public Service Regulations. The Act imposes certain obligations and requirements on the Commonwealth Public Service by excluding officers stationed at lighthouses and officers of the Treasury Guard from the scope of Regulation 66. This exclusion implies that these officers are not subject to the same terms and conditions that previously applied to them under the regulation. This might involve differences in their employment terms, entitlements, or other regulatory provisions that were formerly in place. The amendment necessitates that the Commonwealth Public Service recognise and enforce these exclusions, ensuring that the specified officers are treated differently under the law as per the amendment. In terms of offences, penalties, or consequences for breach, the legislation itself does not explicitly outline specific penalties or enforcement mechanisms for failing to adhere to the amendment. However, the overarching framework of the Commonwealth Public Service Act 1902-1918 would apply. Breaches of public service regulations generally could lead to disciplinary action against the officers involved, depending on the severity and nature of the breach. The maximum penalties, if applicable, would be determined in accordance with the general provisions of the Public Service Act and any relevant administrative or judicial processes.