Commonwealth Public Service Regulations (Amendment)

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STATUTORY RULES.

1941. No. 191.

 

REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1941.*

THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1941, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the Governor-General, hereby makes the following Regulations.

Dated this fifth day of August , 1941.

F. G. THORPE,

Commissioner.

I, The Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this Eighth day of August ,1941.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for Prime Minister.

 

Amendments of the Commonwealth Public Service Regulations.†

“Salary” for purposes of furiough.

1. Regulation 62 of the Commonwealth Public Service Regulations is amended—

(a) by omitting from paragraph (i) the word “and” (last occurring); and

(b) by adding at the end thereof the following paragraphs:—

“(k) allowances payable under regulation 105c;

(l) allowances payable under regulation 106aa; and

(m) allowances payable to—

(i) mail officers in charge of travelling post office vans under clause 1 of Determination No. 9 of 1928 made by the Public Service Arbitrator, as varied by subsequent Determinations; and

 

* Notified in the Commonwealth Gazette on , 1941.

† Statutory Rules 1935, No. 18, as amended by Statutory Rules, 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; and 1941, Nos. 36, 42, 127, 148, 158 and 168.

4899.—9/1.8.1941.—Price 3d.


(ii) postmen on the permanent relieving staff under clause 14 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by subsequent Determinations:

Provided that any such allowance has been paid to the officer concerned for at least two-thirds of his working time in the twelve months immediately preceding the date upon which his furlough commences or payment is to be made in lieu of furlough.”.

Sunday duty.

2. Regulation 70 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (6a.) the word “Commerce” (first occurring) and inserting in its stead the word “Customs”.

Notification of provisional promotions.

3. Regulation 109 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (1.) all words after the word “Act” to the end of the sub-regulation and inserting in their stead the following words:—

“shall lodge his appeal, either by letter or telegram, within fourteen days of the date of publication in the Gazette of the notification of the provisional promotion, as follows:—

(a) if the provisional promotion is made in a State, with the Public Service Inspector in the capital city of that State;

(b) if the provisional promotion is made in the Australian Capital Territory, with the Public Service Inspector in Canberra, unless the provisional promotion is made to a vacancy in the Postmaster-General’s Department, in which case the officer shall lodge his appeal with the Public Service Inspector, Sydney; or

(c) if the provisional promotion is made in the Northern Territory—

(i) with the Public Service Inspector, Brisbane, in the case of a promotion to a vacancy in the Department of Trade and Customs;

(ii) with the Public Service Inspector, Adelaide, in the case of a promotion to a vacancy in the Postmaster-General’s Department; or

(iii) with the Public Service Inspector, Canberra, in any other case.”.

Application for temporary employment.

4. Regulation 123 of the Commonwealth Public Service Regulations is amended by omitting from sub-regulation (3.) the word “for” and inserting in its stead the words “or engaged for temporary”.

Reports as to marking.

5. Regulation 174 of the Commonwealth Public Service Regulations is amended by inserting in sub-regulation (2.), after the word “may,” the words “at any time within three months of the date of publication in the Gazette of the results of the relative examination,”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1941 No. 191, enacted under the Commonwealth Public Service Act 1922-1941, provides amendments to the Commonwealth Public Service Regulations. The intent of these regulations was to address various administrative and procedural aspects of the Commonwealth public service, ensuring efficiency and compliance with statutory requirements. The Public Service Board, established under the Commonwealth Public Service Act, made these regulations with the approval of the Governor-General, reflecting the legislative process within the Australian federal government. The policy objective of these amendments is to fine-tune the administrative framework governing public service operations, enhancing the overall functionality and responsiveness of public service regulations.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1941, as approved by the Governor-General, pertain to the Commonwealth public service and its administration. These regulations apply to the public servants within the Commonwealth public service, encompassing various departments and positions. The regulations are applicable nationally across Australia, including the Australian Capital Territory and the Northern Territory, thus having a broad jurisdictional reach. Specific amendments concern the definition of "salary" for furlough purposes, the conditions under which allowances are payable, the notification process for provisional promotions, and the application for temporary employment. Notably, these regulations do not explicitly outline exclusions or thresholds, but they do specify conditions under which certain allowances and notifications apply. Additionally, the regulations may be further extended or modified through subordinate instruments as deemed necessary by the Public Service Board or other authorised entities.

Key Provisions

The key provisions of the Statutory Rules 1941, No. 191, made under the Commonwealth Public Service Act 1922-1941, amend the Commonwealth Public Service Regulations in various ways. Firstly, Regulation 62 is amended to clarify the definition of "salary" for purposes of furlough by including additional allowances (1). Secondly, Regulation 70 is altered to correct a reference from "Commerce" to "Customs" in sub-regulation (6a) (2). Thirdly, Regulation 109 is updated to specify the process for lodging an appeal against a provisional promotion, detailing the appropriate Public Service Inspector to contact based on the location of the promotion (3). Fourthly, Regulation 123 is modified to extend the scope of sub-regulation (3) to include officers engaged for temporary employment (4). Lastly, Regulation 174 is amended to allow reports regarding the marking of examinations to be submitted at any time within three months of the publication of the examination results in the Gazette (5). These amendments impose specific obligations on public servants and public service inspectors. Public servants must now ensure that their furlough calculations include specified allowances and adhere to the new process for appealing provisional promotions. Public service inspectors are required to receive and process appeals within the specified timeframes and locations as outlined in the amended Regulation 109. Failure to comply with these regulations may result in various consequences. While the document does not explicitly state penalties for non-compliance, breaches of public service regulations could potentially lead to disciplinary action under the Commonwealth Public Service Act 1922-1941, which may include fines or other administrative penalties as deemed appropriate by the Public Service Board. The exact nature and severity of penalties would be determined in the context of each individual case, in accordance with the relevant provisions of the Act and any other applicable laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.