Commonwealth Public Service Regulations (Amendment)

Overview

Statutory Rules 1945 No. 118, which amends the Commonwealth Public Service Regulations, was enacted in 1945 to address the need for formal recognition and integration of the Department of Immigration within the Commonwealth Public Service structure. This legislative instrument was developed by the Public Service Board under the authority conferred by the Commonwealth Public Service Act 1922-1943, and subsequently approved by the Governor-General, in consultation with the Federal Executive Council. The policy objective of these regulations was to ensure that the Department of Immigration, as a vital component of the public service, was adequately represented and managed within the existing framework of public service departments, thereby facilitating more effective governance and administration of immigration-related matters.

Scope and Application

The Statutory Rules 1945, No. 118, under the Commonwealth Public Service Act 1922-1943, pertain to the Commonwealth public service and establish regulations governing its operation, specifically amending existing provisions to include the Department of Immigration. These regulations apply to all personnel and entities within the Commonwealth public service, including the newly incorporated Department of Immigration, and extend to all conduct and transactions conducted under the auspices of this service. The jurisdictional reach of these regulations is nationwide, operating within the Commonwealth of Australia. There are no stated exclusions or exemptions mentioned in the document, implying that the regulations apply broadly to all relevant persons and entities. The Public Service Board, empowered by the Commonwealth Public Service Act, made these regulations with the approval of the Governor-General, ensuring they are legally binding across the public service. The regulations do not explicitly mention any subordinate instruments extending or restricting their application, but they are subject to the overarching authority of the Commonwealth Public Service Act.

Key Provisions

The Regulations under the Commonwealth Public Service Act 1922-1943, approved by the Governor-General in 1945, include amendments to the Commonwealth Public Service Regulations. Regulation 71 is amended to include the Department of Immigration as one of the listed departments (Regulation 1), while Regulation 71a is amended to include the Secretary of the Department of Immigration in the list of Permanent Heads of Departments (Regulation 2). These amendments signify the establishment and recognition of the Department of Immigration within the public service structure. These Regulations impose obligations on the Public Service Board to include the Department of Immigration and its Secretary in the administrative framework of the Commonwealth Public Service. It ensures that the Department of Immigration, along with its Secretary, adheres to the same standards and requirements as other departments and their respective heads. This inclusion facilitates the integration of immigration-related functions into the broader public service operations. Failure to comply with these Regulations could result in administrative irregularities within the public service. While the specific offences, penalties, or consequences for breach are not detailed within the text, under the general purview of the Commonwealth Public Service Act, non-compliance could potentially lead to disciplinary actions against public servants or administrative sanctions against the department itself. These consequences could vary from formal warnings to more severe penalties, depending on the nature and extent of the breach.