STATUTORY RULES.
1914. No. 157.
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PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1913.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902-1913, should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourth day of November, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
104f. Upon the approval of the Commissioner, officers of the General Division may be transferred as Acting Telegraphists, or Acting Clerical Assistants, to perform Telegraphists duties in the Head Telegraph Offices, or duties of Telegraphist or Clerical Assistant at other telegraphic centres in the Commonwealth, subject to the following conditions: —
(a) No transfer shall be made under the provisions of this Regulation to any existing vacancy for Telegraphist or Clerical Assistant while there is a qualified candidate available for such vacancy,
(b) The salary of an officer transferred as Acting Telegraphist or Acting Clerical Assistant, shall be the same as that for which he is eligible in the position from which he is transferred, provided that the officer shall receive by way of allowance any difference between his salary and the amount he would receive, if, at the time of his transfer as Acting Telegraphist or Acting Clerical Assistant, he had been eligible for transfer to the Clerical Division as Telegraphist or Clerical Assistant, and had been so transferred.
(c) No officer shall be transferred as Acting Telegraphist or Acting Clerical Assistant unless he has passed a telegraphic test in sending and receiving by sound telegraph messages at the rate of twenty-five words a minute; and, in selecting officers for transfer, preference shall be given those who have competed at an examination for transfer to the Clerical Division.
(d) No officer who has not passed an examination for transfer to the Clerical Division, shall be transferred unless he give an undertaking to the Chief Officer, in writing, that he will attend, immediately upon transfer, a school approved by the Chief Officer, with the object of passing an examination for transfer to the Clerical Division, and that he will compete at such examination within two years from
date of transfer. Subject to the production of receipts for fees for tuition at such school, accompanied by a satisfactory school report as to attendance, and attention to study, the officer shall be refunded the cost of fees paid up to an amount at the rate of £12 per annum.
(e) An officer who does not pass on examination for transfer to the Clerical Division prior to the completion of two years’ service as Acting Telegraphist or Acting Clerical Assistant, may be transferred to the position in the General Division formerly occupied by him, or such other position not inferior in status, as the Commissioner may direct.
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Printed and Published for the Government the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.9780.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 was enacted in 1914 by the Governor-General in Council, under the urgent need to regulate the transfer of officers within the public service. This regulation was designed to address the immediate operational requirements of the Commonwealth Public Service, ensuring that transfers of officers for specific roles were carried out with appropriate qualifications and conditions. The enactment by the Governor-General in Council, as stated in the Statutory Rules of 1914, underscores the urgency and importance of these provisional measures. The regulation's policy objective is to maintain the efficiency and effectiveness of the public service by ensuring that transfers are made based on merit and capability, thereby addressing any potential gaps in the service's operational readiness.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 pertains to the transfer of officers within the General Division to act as Telegraphists or Acting Clerical Assistants in various telegraph offices across the Commonwealth. This regulation applies specifically to officers who meet certain conditions, including passing a telegraphic test, and those who commit to attending an approved school and competing in an examination for transfer to the Clerical Division. The scope of this legislation encompasses the entire Commonwealth, ensuring its application is uniform across all states and territories. Notably, this regulation stipulates that transfers will not occur for existing vacancies if qualified candidates are available and mandates that the salaries of transferred officers remain consistent with their previous positions, adjusted for any discrepancies that may arise from their new roles. Furthermore, the regulation emphasises the importance of officers passing an examination for transfer to the Clerical Division within two years of their transfer, with provisions for fee reimbursement upon satisfactory completion of the required schooling. The regulation is designed to maintain efficient and qualified staffing within the telegraph services while facilitating career progression and skill development among public service officers.
Key Provisions
The main operative sections of this Provisional Regulation under the Commonwealth Public Service Act 1902-1913 (sections 104f) pertain to the transfer of officers in the General Division to positions as Acting Telegraphists or Acting Clerical Assistants. Officers may be transferred to perform Telegraphist duties in the Head Telegraph Offices or at other telegraphic centres, subject to certain conditions (section 104f(a)). These conditions include the requirement that the transfer is not made if a qualified candidate is available for the existing vacancy, the officer’s salary remains unchanged, and the officer must pass a telegraphic test (section 104f(b), (c)). Additionally, officers who have not passed an examination for transfer to the Clerical Division must undertake to attend a school approved by the Chief Officer and pass such an examination within two years, with certain costs reimbursed if they do so (section 104f(d)). If they fail to pass the examination within two years, they may be returned to their previous position or another of equal or lesser status (section 104f(e)).
The Act imposes several obligations on both the officers and the Commissioner. Officers must pass a telegraphic test to be eligible for transfer and, if they have not already passed an examination for transfer to the Clerical Division, must attend an approved school and pass the examination within two years (section 104f(c), (d)). The Commissioner must ensure that transfers do not occur if a qualified candidate is available for the existing vacancy and must approve the transfer of officers meeting all the specified conditions (section 104f(a), (b)). The Commissioner also has the authority to direct the position of an officer who fails to pass the examination for transfer to the Clerical Division within the stipulated time (section 104f(e)).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Regulation for breach of the conditions. However, failure to meet the requirements for transfer or examination could result in the officer being returned to their previous position or another position of equal or lesser status, as directed by the Commissioner (section 104f(e)). Additionally, officers who fail to attend the approved school or pass the examination within two years may not be eligible for continued transfer, indirectly leading to potential career setbacks.