STATUTORY RULES.
1938. No. 79.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1937. *
THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1937, 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 Regulation.
Dated this twelfth day of July, 1938.
F. G. THORPE,
Commissioner.
Approved in Executive Council this twenty-eighth day of July, 1938.
HUNTINGFIELD
Administrator of the Government of the Commonwealth of Australia.
By His Excellency’s Command,
for Prime Minister.
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Amendments of the Commonwealth Public Service Regulations.†
Conditions of advancement in certain positions.
Regulation “105a of the Commonwealth Public Service Regulations is amended—
(a) by omitting the office of “Clerk (Legal), £96-£354” and the conditions of advancement shown opposite that office;
(b) by omitting the office of “Clerk (Legal), £306-£510” and the conditions of advancement shown opposite that office; and
* Notified in the Commonwealth Gazette on , 1938.
† 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; and 1938, Nos. 35 and 41.
3735.—9/6. 7. 1938.— Price 3d.
(c) by inserting, after the office of “Grader, Junior”, the following office and conditions of advancement:—
“Legal Officer, Grade 1, £120 £510 | (1) Shall not be advanced beyond £306 per annum unless— (a) the Permanent Head is satisfied as to his efficiency and aptitude for legal work; and (b) he has furnished evidence to the satisfaction of the Permanent Head that he has qualified for admission as a Barrister or Solicitor of the High Court or the Supreme Court of a State or that he is engaged upon an approved course of study with the object of so qualifying or of graduating in Law and is making satisfactory progress therein (2) Shall not be advanced beyond £354 per annum unless— (a) the Permanent Head is satisfied as to his efficiency and aptitude for legal work; and (b) he has furnished evidence to the satisfaction of the Permanent Head that he has qualified for admission as a Barrister or Solicitor of the High Court or the Supreme Court of a State (3) Where the officer has satisfied the conditions specified in paragraph (2) of these conditions, he shall be paid not less than £318 per annum and may thereupon, subject to paragraph (4) of these conditions, advance by annual increments to the maximum salary of the position (4) Where the officer, after completing four years’ service on legal work in the Attorney-General’s Department, satisfies the conditions specified in paragraph (2) of these conditions, he shall be paid not less than £402 per annum and may thereafter advance by annual increments to the maximum salary of the position (5) Where the officer is a graduate in Law or has passed all the examinations necessary to qualify him for admission as a Barrister or Solicitor of the High Court or the Supreme Court of a State, he may be deemed to have qualified for that admission if the Permanent Head considers that the officer’s efficiency is of such an exceptionally high standard as so to warrant.”. |
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1938 No. 79, enacted under the Commonwealth Public Service Act 1922-1937, addresses the need to revise the conditions of advancement for certain positions within the public service, particularly for roles with legal responsibilities. This legislative instrument was created by the Public Service Board, subject to the approval of the Governor-General, and it aims to ensure that advancement in these positions is based on qualifications and demonstrated efficiency in legal work. The amendments clarify the qualifications and conditions necessary for progression within the specified roles, emphasising the importance of legal qualifications and satisfactory performance in legal duties.
Scope and Application
The Regulations under the Commonwealth Public Service Act 1922-1937 apply to public servants within the Commonwealth public service, specifically those in certain legal positions. The amendments and insertions focus on the conditions of advancement for a Legal Officer, Grade 1, detailing requirements for salary increments based on efficiency, aptitude, and qualifications in legal work. The geographic and jurisdictional reach of these regulations is national, applying across all Commonwealth public service departments and agencies. There are no explicit exclusions or exemptions stated within the provided text, though the conditions inherently exclude those who do not meet the specified legal qualifications or efficiency standards. The application of the Act may be extended or further specified through additional subordinate instruments or regulations, which would need to be referenced for a complete understanding of its scope.
Key Provisions
The key operative sections of the regulation, as mentioned in the Statutory Rules (1938) No. 79, involve amendments to the Commonwealth Public Service Regulations concerning the advancement conditions for certain positions, particularly for legal officers. Section 105a of the Commonwealth Public Service Regulations is amended by removing the positions of “Clerk (Legal), £96-£354” and “Clerk (Legal), £306-£510” along with their respective advancement conditions. A new position, “Legal Officer, Grade 1, £120-£510,” is introduced with specific conditions for advancement. These conditions include requirements for the Permanent Head to be satisfied with the officer's efficiency and aptitude for legal work, as well as evidence of qualifications or study progress in law.
The regulation imposes several obligations on parties involved, particularly legal officers within the Public Service. These officers must meet specific criteria for advancement, including demonstrating their qualifications and aptitude for legal work. They must provide evidence of their qualifications as a Barrister or Solicitor of the High Court or the Supreme Court of a State or proof of satisfactory progress in an approved course of study in law. Additionally, officers must ensure that they satisfy the conditions set out in the regulation to qualify for certain salary increments and maximum salary attainment. These obligations are necessary to maintain high standards of legal competency and efficiency within the Public Service.
Breaches of the conditions outlined in the regulation can lead to consequences, although the specific legal or administrative penalties are not detailed in the text. Generally, failure to meet the conditions for advancement may result in the officer not receiving the expected salary increments or reaching the maximum salary for their position. While the regulation does not explicitly state maximum penalties, it can be inferred that non-compliance could lead to administrative reviews, performance evaluations, or other corrective measures within the Public Service to ensure adherence to the set standards. These measures ensure that the Public Service maintains a competent and qualified workforce.