STATUTORY RULES.
1915. No. 216.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902–1915.
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 Regulations under the Commonwealth Public Service Act 1902–1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-seventh day of October, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1913, No. 341.)
Regulations 91, 92, and 93, and sub-Regulations (1) and (2) of Regulation 94 are repealed.
Regulation 128 is amended by the deletion of the words following “extended,” and the substitution therefor of the following:—
“by authority of the Commissioner when his name shall be struck off at the expiry of the authorized extension.”
Regulation 132 is amended by the insertion at the commencement of the Regulation of the following:—
“Except as provided in Section 40 of the Act,”
and by deleting the words—
“or for nine months continuously where extended.”
Regulation 208 is amended by the deletion of “twenty-one,” and the insertion therefor of “twenty-five.”
Regulation 227 is amended by the deletion of the words “up to twice the estimated number of new appointments,” and of the last sentence commencing with the words “In the event of,” and the addition to the Regulation of the following:—
“Provided that at examination for appointment to the General Division at which practical tests are imposed upon candidates, the marks obtained for such practical tests shall determine the order of merit of candidates.”
Regulation 229 is amended by the insertion at the commencement of the Regulation of the following:—
“Except as provided in Section 26a of the Act.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.14106.—Price 3d.
Overview
The Provisional Regulations under the Commonwealth Public Service Act 1902–1915, numbered as Statutory Rules 1915, No. 216, were enacted in 1915 by the Governor-General acting on advice from the Federal Executive Council. These regulations were introduced due to the urgent need to amend the existing Commonwealth Public Service Regulations, particularly in response to operational issues that had arisen within the public service framework. The regulations were designed to address specific gaps and inefficiencies in the administration of public service appointments and the qualifications required for certain positions. This was achieved through the repeal and amendment of several regulations, as well as the introduction of new provisions to ensure a more efficient and fair public service system. The policy objective underpinning these amendments was to streamline the public service operations and ensure that appointments were made based on merit, particularly through the implementation of practical tests for certain positions.
Scope and Application
The Provisional Regulations under the Commonwealth Public Service Act 1902–1915 apply to all public servants within the Commonwealth public service, including individuals who are employed or appointed under the Act, and entities that are part of the Commonwealth public administration. These Regulations amend and repeal previous regulations to introduce changes such as modifications to the age limit for public service appointments, the conditions for extending service beyond the retirement age, and the criteria for determining the order of merit for candidates in public service examinations. The regulations also specify that certain provisions of the Act, such as those related to temporary appointments and specific examination requirements, are subject to exceptions outlined in the Act. The application of these regulations is governed by the Commonwealth of Australia, indicating their national jurisdiction. There are no explicit exclusions mentioned in the text, but it is implied that the regulations apply broadly to the public service sector unless otherwise specified by the Act. Additionally, the regulations may be further extended or restricted through subordinate instruments, allowing for flexibility and adaptation to changing public service needs.
Key Provisions
The key provisions of these Provisional Regulations under the Commonwealth Public Service Act 1902–1915 primarily involve amendments to existing regulations. Specifically, Regulation 91, 92, and 93, along with sub-Regulations (1) and (2) of Regulation 94, are repealed (Regulation 1). Regulation 128 is amended to clarify the conditions under which an officer's name may be struck off, stating that it will be done by the Commissioner upon the expiry of an authorized extension (Regulation 2). Regulation 132 is modified to include an exception clause referencing Section 40 of the Act and to delete the provision allowing a nine-month continuous extension (Regulation 3). Regulation 208 is altered to change the age requirement from twenty-one to twenty-five (Regulation 4). Regulation 227 is amended to remove the provision allowing up to twice the estimated number of new appointments and the final sentence, while adding a clause that the order of merit in General Division appointments will be determined by the marks obtained in practical tests (Regulation 5). Lastly, Regulation 229 is updated to include an exception clause referencing Section 26a of the Act (Regulation 6).
These amendments impose specific obligations on the parties governed by the Act, including the requirement to adhere to the new age limit for certain appointments, the altered conditions for officer removal, and the new criteria for determining merit in General Division appointments. The changes necessitate compliance with the updated regulations, ensuring that the public service operates within the revised framework. Additionally, the regulations demand that examinations for General Division appointments include practical tests, with the marks from these tests being a critical determinant of candidate merit.
Failure to comply with the regulations may result in various consequences. While the specific penalties are not detailed in the text, breaches of public service regulations generally carry serious implications, including potential disciplinary action, financial penalties, or even criminal charges, depending on the severity and nature of the violation. The maximum penalties, if applicable, would be determined by the relevant provisions of the Commonwealth Public Service Act 1902–1915 and other associated legislation. Ensuring adherence to these regulations is therefore crucial to avoid any adverse legal or professional repercussions.