Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1913, No. 216, enacted under the Commonwealth Public Service Act 1902–1911, were introduced to refine and supersede the initial provisional regulations that had been established earlier that year. The objective of these regulations was to provide a more structured and formalised framework for the governance of the Commonwealth Public Service. This was done by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure that the administration of the government was conducted efficiently and effectively. The policy objective, as stated in the text, was to designate specific individuals as Permanent Heads of Departments, thus clarifying their roles and responsibilities within the public service. This legislative instrument aimed to address the need for a stable and well-defined hierarchy within the public service to facilitate better governance and administration.

Scope and Application

This statutory rule, made under the Commonwealth Public Service Act 1902–1911, designates the individuals holding specific offices as the Permanent Heads of various departments within the Commonwealth public service. These offices include the Secretary to the Prime Minister’s Department, the Secretary to the Department of External Affairs, the Secretary to the Attorney-General’s Department, the Secretary to the Department of Home Affairs, the Secretary to the Department of the Treasury, the Comptroller-General of Customs, the Secretary to the Department of Defence, and the Secretary to the Postmaster-General’s Department. The rule serves to formally recognise these individuals in their roles, ensuring that they are acknowledged as the heads of their respective departments. By superseding a previous provisional regulation, this rule provides a more permanent and formal structure to the administration of these departments, thereby reinforcing their authority and responsibilities within the federal public service.

Key Provisions

The Regulation under the Commonwealth Public Service Act 1902–1911, specifically Statutory Rules 1913, No. 216, establishes the roles of certain office holders as Permanent Heads of Departments (section 47a). These roles include the Secretary to the Prime Minister’s Department, the Secretary to the Department of External Affairs, the Secretary to the Attorney-General’s Department, the Secretary to the Department of Home Affairs, the Secretary to the Department of the Treasury, the Comptroller-General of Customs, the Secretary to the Department of Defence, and the Secretary to the Postmaster-General’s Department. These individuals are designated as the permanent heads of their respective departments and will hold this position until further notice. The Regulation imposes a clear set of obligations on the office holders designated as Permanent Heads of Departments. They are responsible for overseeing the administration and operation of their respective departments, ensuring that government policies and objectives are effectively implemented within their areas of responsibility. Each Permanent Head must adhere to the provisions of the Commonwealth Public Service Act 1902–1911 and any other relevant legislation. Furthermore, they are required to maintain accurate records and provide regular reports to higher authorities as necessary. Failure to comply with the obligations set out in the Regulation can result in serious consequences. Although the Regulation itself does not explicitly outline specific offences or penalties for non-compliance, breaches of the Commonwealth Public Service Act 1902–1911 or related legislation could lead to disciplinary action, including potential dismissal from service. In addition, any misconduct or breaches of public trust may attract criminal charges under other relevant statutes, with penalties varying depending on the severity of the offence. The maximum penalties for such offences can be severe, including substantial fines and imprisonment, depending on the nature and extent of the breach.