Commonwealth Public Service Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation, issued under the Commonwealth Public Service Act 1902-1913, was enacted in 1915 to address urgent administrative changes within the public service. This legislation was enacted by the Governor-General in Council, reflecting the necessity to swiftly implement changes in response to evolving needs of the public service. The regulation specifically targets the eligibility criteria for Divisional Representatives, clarifying that such representatives must be officers employed in the relevant state and division, while also excluding those employed as Commonwealth Electoral Officers or Divisional Returning Officers under the Commonwealth Electoral Act from nomination and election as Divisional Representatives. The underlying policy objective is to ensure that the public service remains efficient and untainted by conflicts of interest, thereby maintaining public trust and the integrity of the electoral process.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, as certified by the Governor-General and effective immediately, pertains specifically to the amendment of the Commonwealth Public Service Regulations. This legislative instrument targets officers employed within the Commonwealth Public Service, particularly focusing on the role of Divisional Representatives. It stipulates that such representatives must be officers who are employed within the specific State and Division they represent, thereby ensuring a direct connection between the representative and the region they are tasked with advocating for. Furthermore, the regulation explicitly excludes officers employed as Commonwealth Electoral Officers or as Divisional Returning Officers under the Commonwealth Electoral Act from being eligible for nomination or election as Divisional Representatives. This regulation applies across the Commonwealth of Australia and is intended to provide immediate effect due to its urgent nature, superseding Regulation 255 of the Commonwealth Public Service Regulation 1913.

Key Provisions

The main operative sections of this Provisional Regulation, which amends the Commonwealth Public Service Regulation 1913, include the substitution of Regulation 255. This regulation dictates that a Divisional Representative must be an officer employed in the State and Division they represent (Regulation 255). Furthermore, officers who are employed as Commonwealth Electoral Officers or as Divisional Returning Officers under the Commonwealth Electoral Act are ineligible for nomination and election as Divisional Representatives (Regulation 255). This regulation effectively clarifies the eligibility criteria for the role of Divisional Representative within the public service framework. The obligations and requirements imposed by this Regulation on the parties it governs are primarily concerned with the eligibility criteria for Divisional Representatives. Specifically, it mandates that any person seeking to be a Divisional Representative must be employed within the relevant State and Division (Regulation 255). Additionally, the Regulation stipulates that officers who are employed as Commonwealth Electoral Officers or as Divisional Returning Officers under the Commonwealth Electoral Act cannot be nominated or elected as Divisional Representatives (Regulation 255). These provisions ensure that the role of Divisional Representative is filled by individuals who are appropriately situated within the public service and not entangled with electoral responsibilities. In terms of breaches of the Regulation, it does not explicitly state any offences, penalties, or consequences. However, under the broader framework of the Commonwealth Public Service Act 1902-1913, breaches of regulations or acts that contravene the legislative provisions could potentially result in disciplinary actions or other legal consequences. The specific penalties would depend on the nature and severity of the breach, as well as the applicable laws and regulations at the time. It is essential for individuals and entities governed by this Regulation to adhere to its stipulations to avoid any potential repercussions.