Commonwealth Public Service Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902-1915, enacted in 1915, was introduced to address the issue of employment terms for female officers within the Commonwealth Public Service. This regulation, issued by the Governor of the State of Victoria and its Dependencies acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, was made with the advice of the Federal Executive Council due to the urgency of the matter. The policy objective was to align the employment conditions of female officers with the societal norms of the time, which dictated that a woman's primary role was in the domestic sphere, thus deeming married female officers to have forfeited their offices unless specific conditions were met. This regulation represents an early legislative attempt to manage the intersection of gender, marriage, and employment within the public sector.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1915 primarily targets female officers within the Commonwealth Public Service, governing their employment status upon marriage. Unless the Permanent Head recommends and the Commissioner certifies that her continued employment is in the public interest, a female officer is deemed to have forfeited her position upon marriage, ceasing to perform duties and receive her salary. The regulation also mandates that if the female officer has been continuously employed for at least five years and is not entitled to or has not been granted leave of absence or payment in lieu thereof, she should be granted a sum equivalent to her salary upon ceasing duties, based on her length of service. This regulation applies across the Commonwealth of Australia and extends its reach to all female officers employed by the Commonwealth Public Service, thereby impacting their employment conditions directly. Notably, the regulation does not specify exclusions, exemptions, or thresholds beyond the conditions mentioned, and its immediate operation underscores its urgency as declared by the Deputy for the Governor-General.

Key Provisions

The main operative sections of the Provisional Regulation under the Commonwealth Public Service Act 1902-1915 are particularly focused on the employment status of female officers within the public service. Section 110 stipulates that a female officer will forfeit her office upon marriage unless the Permanent Head recommends and the Commissioner certifies that her continued employment is necessary for public interest (section 110). This regulation effectively removes married women from their positions unless an exemption is granted. Additionally, if the female officer has been continuously employed for at least five years without a break in service as permitted by section 71 of the Act, she is entitled to a sum equivalent to her salary as a final payment upon leaving her position. The amount varies based on her length of service: one month for five to eight years, two months for over eight to twelve years, and three months for over twelve to twenty years (section 110). The obligations imposed by this Act are primarily on the Permanent Head and the Commissioner. The Permanent Head must assess and recommend whether a married female officer's continued employment is required in the public interest. The Commissioner then has the responsibility to certify this recommendation (section 110). Furthermore, if the female officer qualifies for a final payment due to her length of service, the relevant authorities must ensure that this payment is calculated and disbursed correctly according to the specified scale. Breaches of the provisions outlined in this Provisional Regulation do not explicitly state offences, penalties, or specific consequences for non-compliance. However, non-compliance with the requirement to cease employment upon marriage without proper certification by the Commissioner could lead to legal challenges regarding the validity of the officer's dismissal. The lack of detailed penalties suggests that the primary focus is on enforcing the forfeiture of office for married women unless exempted, with administrative oversight being the key method of enforcement rather than punitive measures.