Commonwealth Public Service Regulations 1913 (Amendment) (Provisional)

Overview

The Statutory Rules 1915 No. 132, which amend the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1902-1913, was introduced to address the need for the reinstatement of individuals in the Register of the Public Service who had temporarily left their employment to serve in the Expeditionary Forces during the First World War. Enacted by the Governor-General in Council, the regulation aimed to ensure that these individuals, upon their return from service, could have their employment status restored without undue delay, facilitating a smooth transition back into their public service roles. The policy objective of this provisional regulation was to provide a clear and efficient process for the reinstatement of public servants who enlisted in the military, ensuring they were not disadvantaged by their temporary absence from their public service positions.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies to individuals registered for temporary employment who are subsequently appointed to or enlist in any Expeditionary Force raised under the Defence Act 1903-1915. Specifically, it pertains to those whose names have been removed from the Register of temporary employees upon their enlistment and seeks to restore their positions in the Register after their discharge from the Expeditionary Force. This regulation ensures that eligible individuals can re-enter the temporary employment framework with the Commonwealth Public Service upon their return from military service, provided they make an application within six months of their discharge and present a satisfactory record of their service. The application of this regulation is geographically and jurisdictionally confined to the Commonwealth of Australia and operates as a Provisional Regulation coming into immediate effect due to the urgency of the matter. It is pertinent to note that the regulation extends its purview solely to those who enlist in the specified Expeditionary Forces and does not address other forms of military or public service engagements. Additionally, the regulation does not explicitly state any exclusions or exemptions, thus implying that it applies to all eligible individuals under the specified conditions.

Key Provisions

The key operative sections of this statutory rule pertain to the amendment of the Commonwealth Public Service Regulations (Statutory Rule 1913/341). Specifically, Regulation 131 is amended to include a provision that addresses the restoration of the names of certain individuals to the Register of temporary employees (Regulation 1). This amendment applies to any person registered for temporary employment who is appointed to or enlists in any Expeditionary Force established under the Defence Act 1903-1915. If such a person’s name has been removed from the Register, they may apply for its restoration within six months of their discharge from the Force, provided they produce a satisfactory record of their service (Regulation 1). This ensures that individuals who have served in the Expeditionary Force retain their eligibility for re-entry into temporary public service roles. The obligations imposed by this Act require individuals who were previously registered for temporary employment and who enlist in the Expeditionary Force to apply for the restoration of their names in the Register within six months of their discharge from the Force. They must also provide a satisfactory record of their service to substantiate their application (Regulation 1). This requirement ensures that the process of re-entry into temporary public service roles is both transparent and evidence-based, maintaining the integrity of the Register. Failure to comply with the provisions outlined in this statutory rule may lead to civil or administrative consequences, though specific penalties are not detailed in the text. However, it is implied that non-compliance could affect an individual’s eligibility for re-entry into temporary public service roles. Given the context of urgency and the nature of the amendment, the primary consequence of non-compliance would be the inability to restore one’s name to the Register, thereby potentially limiting future employment opportunities within the public service.