STATUTORY RULES.
1916. No. 57.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1915.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution, 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 third day of May, One thousand nine hundred and sixteen.
A. L. STANLEY,
Deputy for the Governor-General.
By his Excellency’s Command,
E. J. RUSSELL,
For the Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations
(Statutory Rules 1913, No. 341).
Regulation 49a is repealed, and the following is inserted in its stead:—
Security of officers.
“49a. (1) Upon appointment, promotion, or transfer of an officer to any office the relative seniority of the officer may be determined by the Commissioner as a condition of such appointment, promotion, or transfer.
“(2) In the absence of any such determination, the seniority of officers in the Clerical and Professional Divisions shall be determined according to class, subdivision of class and date of entrance into subdivision, and the seniority of officers in the General Division shall be determined as follows:—
(a) In cases where officers are occupying positions similarly designated and where advancement in salary is by prescribed regular increments—by date of appointment to position.
(b) In cases where officers are occupying positions differently designated and advancement in salary is not by prescribed regular increments—by salary paid and date of receipt of such salary.
(c) In cases where officers are occupying positions differently designated—by the Commissioner, having regard to the relative value of positions, length of service therein, and such other factors as the Commissioner may deem it necessary to consider in order equitably determining the seniority.
“(3) Salary paid by reason of age shall not be taken into consideration in determining seniority, and in any case where an officer is reduced in salary or is debarred from increment through misconduct, lack of efficiency, or other reasons, seniority may be varied correspondingly at the discretion of the Commissioner.
“(4) Unless the Commissioner otherwise directs, nothing contained in this Regulation shall be regarded us affecting seniority as existing prior to this Regulation.”
Transfer of officer from one office to another.
“49b. An officer may be transferred from one office to another without reduction of salary: provided that unless otherwise directed by the Commissioner, the salary paid in the new office shall not exceed the maximum for such office.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4499.—Price 3d.
Overview
The Provisional Regulations under the Commonwealth Public Service Act 1902-1915 were enacted in 1916 to address urgent administrative needs in the Commonwealth Public Service. This legislative instrument was introduced to provide immediate operational guidelines under the auspices of the Commonwealth Public Service Act, reflecting the need for rapid adjustments in the context of the First World War and the evolving requirements of the public service. The regulations were certified by Sir Arthur Stanley, acting as the Deputy of the Governor-General, and made with the advice of the Federal Executive Council, underscoring the urgency and importance of these provisional measures. The policy objective was to ensure that the public service could operate efficiently and effectively during a time of national crisis, by clarifying the procedures for determining the seniority and salary of officers within the service.
Scope and Application
The Provisional Regulations under the Commonwealth Public Service Act 1902-1915, as established in Statutory Rules 1916, No. 57, primarily apply to officers within the Commonwealth Public Service. These officers encompass individuals appointed, promoted, or transferred to any office within the service. The regulations mandate that the relative seniority of these officers can be determined by the Commissioner as a condition of their appointment, promotion, or transfer. In cases where no such determination is made, seniority is assessed according to class, subdivision of class, and date of entrance into the subdivision for Clerical and Professional Divisions, while for the General Division, it is determined by the date of appointment to the position, salary paid, or other factors deemed necessary by the Commissioner. Notably, salary increments due to age, or reductions resulting from misconduct or inefficiency, do not affect seniority unless otherwise specified by the Commissioner. The regulations extend to the entire Commonwealth of Australia, affecting all officers within its public service. The exclusions or exemptions are limited, as the provisions primarily focus on the equitable determination of seniority within the service.
Key Provisions
The Provisional Regulations under the Commonwealth Public Service Act 1902-1915, particularly in Regulation 49a, establish procedures for determining the relative seniority of officers upon their appointment, promotion, or transfer (49a(1)). If the Commissioner does not determine this seniority, it is to be established based on class, subdivision of class, and the date of entrance into the subdivision for Clerical and Professional Divisions. For the General Division, seniority is determined by the date of appointment to a position if the positions are similarly designated and salary increments are prescribed. In cases where positions are differently designated and advancement is not by prescribed increments, seniority is based on the salary paid and the date of receiving that salary. If positions are differently designated, the Commissioner determines seniority considering the relative value of positions, length of service, and other relevant factors (49a(2)). Notably, salary paid due to age is excluded from consideration, and seniority can be adjusted if an officer's salary is reduced due to misconduct, inefficiency, or other reasons (49a(3)). This regulation does not affect existing seniority unless the Commissioner specifies otherwise (49a(4)).
Under these Provisional Regulations, the Commissioner has the authority to determine the relative seniority of officers upon appointment, promotion, or transfer (49a(1)). This role includes establishing seniority criteria and making adjustments when necessary, such as when an officer's salary is reduced due to misconduct or inefficiency (49a(3)). Additionally, the Commissioner can direct transfers between offices without reducing salary, ensuring the salary in the new office does not exceed the maximum for that office unless otherwise specified (49b). These provisions impose a clear responsibility on the Commissioner to ensure fair and equitable treatment of officers within the public service.
The Provisional Regulations under the Commonwealth Public Service Act 1902-1915 establish potential consequences for non-compliance. While specific offences are not detailed in the cited sections, the regulation's intent to maintain orderly and equitable procedures implies that failure to adhere to the established seniority and transfer protocols could result in administrative penalties. These might include disciplinary action against officers or administrative reviews by the Commissioner. However, the exact nature and extent of penalties are not explicitly stated within the provided text. The overarching aim is to ensure the public service operates efficiently and fairly, with the Commissioner's decisions being pivotal in maintaining this balance.