STATUTORY RULES.
1937. No. 78.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1936.*
THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1936, 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 fourteenth day of July, 1937.
F. G. THORPE,
Commissioner.
Approved in Executive Council this twenty-eighth day of July, 1937.
Deputy of the Governor-General.
By His Excellency’s Command,
for Prime Minister.
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Amendment of the Commonwealth Public Service Regulations.†
Election to fill vacancy.
1. Regulation 141l of the Commonwealth Public Service Regulations is repealed and the following regulation inserted in its stead:—
“141l. Where a vacancy in the office of Divisional Representative occurs in any State before the expiration of the period for which the representative was elected or where any such vacancy exists by reason of no candidate having been returned as elected, the Board may direct that an election be held to fill the vacancy for the unexpired period of the triennium following the election at which the person whose place became vacant was elected or at which no candidate was returned as elected, as the case may be.”.
Term of office.
2. Regulation 141q of the Commonwealth Public Service Regulations is amended by omitting the words "except where a successor is elected to fill an extraordinary vacancy, in which case the successor" and inserting in their stead the words “except where a candidate is elected at an election held in pursuance of regulation 141l, in which case the Divisional Representative so elected”.
* Notified in the Commonwealth Gazette on , 1937.
† 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; and 1937, Nos. 11, 25, 54, 60 and 74
3603—9/9. 7. 1937—Price 3d.
Overview
The Commonwealth Public Service Regulations 1937, as a legislative instrument, were enacted under the Commonwealth Public Service Act 1922-1936 to refine the existing regulatory framework governing the Commonwealth Public Service. This instrument, made by the Public Service Board and approved by the Governor-General, aims to address the need for a more flexible and responsive electoral process for filling vacancies in the office of Divisional Representative within the public service. The regulations are designed to ensure that any unexpected vacancies can be promptly filled through an election, thereby maintaining the integrity and continuity of public service representation. The underlying policy objective is to provide a mechanism for the swift and effective replacement of representatives, ensuring that public service governance is not unduly disrupted by unexpected vacancies.
Scope and Application
The Commonwealth Public Service Regulations, as amended, govern the administration and operation of the Commonwealth Public Service, providing specific rules for various aspects of public service employment, including the election of Divisional Representatives. These regulations apply to all Commonwealth public service officers, their employers, and the general public in relation to the public service. The scope of these regulations is nationwide, as they pertain to the federal public service operating across Australia. Certain provisions, such as the election process for filling vacancies in the office of Divisional Representatives, are outlined in detail, allowing for elections to occur under specific circumstances such as vacancies arising before the expiration of the term or when no candidate is elected. The regulations are subject to change through subordinate legislation and may be further detailed or amended by additional statutory rules or instruments issued under the authority of the Commonwealth Public Service Act 1922-1936.
Key Provisions
The primary provisions of these regulations under the Commonwealth Public Service Act 1922-1936, as detailed in Regulation 141l (1), allow the Public Service Board to direct an election to fill a vacancy in the office of a Divisional Representative. This provision applies if a vacancy occurs before the end of the term for which the representative was elected, or if no candidate is returned as elected. The election is to fill the unexpired period of the triennium following the election in question. Regulation 141q (2) further clarifies that the term of office for a Divisional Representative ends when a successor is elected at an election held in accordance with Regulation 141l. These provisions ensure that the office of Divisional Representative remains filled and operational, even in the event of unexpected vacancies.
These regulations impose specific obligations on the Public Service Board, primarily centred around the management and conduct of elections to fill vacancies in the office of a Divisional Representative. The Board must direct an election if a vacancy arises under the circumstances specified in Regulation 141l (1). This includes ensuring that the election is held within the unexpired period of the triennium. The Board is also responsible for ensuring that the terms of office for Divisional Representatives are correctly applied, as outlined in Regulation 141q (2). These obligations are critical for maintaining the integrity and continuity of the public service representation structure.
Failure to comply with these regulations can result in significant consequences. Although the specific penalties are not detailed in the text, breaches of the Public Service Act or its regulations could lead to disciplinary action against Board members or other officials involved in the election process. Such action may include administrative penalties, fines, or other sanctions as deemed appropriate by the relevant authorities. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the discretion of the approving authority, the Governor-General in Executive Council.