Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1925 No. 68 represents an amendment to the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924. Enacted by the Board of Commissioners, these regulations were approved by the Governor-General and came into operation on 16 January 1925. This legislative instrument was designed to address the administrative and functional requirements of the Commonwealth Public Service, particularly in relation to the establishment and recognition of new roles within the government. The insertion of a specific reference to the Department of Markets and Migration, as well as the designation of the Secretary of this department as a Permanent Head of a Department, reflects the evolving needs and structure of the public service during this period. The policy objective of these amendments was to ensure that the public service could effectively manage and respond to new areas of governmental responsibility and oversight.

Scope and Application

The Fourteenth Amendment to the Commonwealth Public Service Regulations, made under the Commonwealth Public Service Act 1922-1924, applies to the officers of the Commonwealth Public Service, including those in the newly specified Department of Markets and Migration. The amendment explicitly names the Secretary of this department as a Permanent Head of a Department, thereby extending the regulatory scope to include this specific role within the public service framework. The regulations come into effect from 16 January 1925 and are subject to the overarching provisions of the Commonwealth Public Service Act 1922-1924, which governs the administration and operation of the public service across the Commonwealth of Australia. The amendment is intended to clarify and formalise the roles and responsibilities within the public service, ensuring that the Department of Markets and Migration is appropriately integrated into the public service structure. The amendment does not introduce new exclusions or exemptions beyond what is already stipulated in the principal Act, and its application is confined to the offices and roles as specified within the Commonwealth public service framework.

Key Provisions

The key provisions of the Statutory Rules 1925, No. 68, under the Commonwealth Public Service Act 1922-1924, introduce significant amendments to the existing regulations. Regulation 71 has been modified by adding "The Department of Markets and Migration" at the end of sub-regulation (1), indicating an expansion in the scope of the department's inclusion within the public service framework. Additionally, a new regulation 72a has been inserted, specifying that the person holding the office of the Secretary to the Department of Markets and Migration will be considered a Permanent Head of a Department, in addition to the offices listed in the Third Schedule to the Act. These amendments impose clear obligations on the parties and entities governed by the Act. The Board of Commissioners, as specified, is responsible for implementing these changes, subject to the approval of the Governor-General. The Secretary to the Department of Markets and Migration, now recognised as a Permanent Head of a Department, must adhere to the duties and responsibilities associated with this position, which include oversight of departmental operations and policy implementation. Breaches of these regulations could lead to serious consequences. While the document does not explicitly detail offences, penalties, or specific legal consequences, the framework within which the Act operates suggests that non-compliance could result in disciplinary actions, administrative penalties, or legal recourse. Given the historical context, such actions might have included sanctions within the public service or legal proceedings to enforce compliance with the statutory requirements. The maximum penalties, if applicable, would be in line with the broader legislative context and could include fines or other administrative penalties as deemed appropriate by the governing authorities.