STATUTORY RULES.
1926. No. 131.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1924 (THIRTY-SEVENTH AMENDMENT, 1926).
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922-1924, 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 amendments of the Regulations, such amendments to come into operation forthwith.
Dated this ninth day of September, 1926.
C. B. B. White, Chairman, W. J. Skewes, J. P. McGlinn, | Board of Commissioners, |
Approved in Executive Council this fifteenth day of September, 1926.
SOMERS,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
for Acting Prime Minister,
Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1923, No. 93, as amended to this date.)
Regulation 110 is amended by omitting sub-regulation (7) thereof and inserting in its stead the following sub-regulation:—
“(7) Notwithstanding anything contained in this regulation, the Board may, if it thinks fit, specially determine the relative seniority of any officer who—
(i) is appointed under the provisions of section 42, 44 or 46 of the Act;
(ii) is removed from a Division to a lower Division;
(iii) is transferred or promoted from a position as Postmaster, Fourth Division, to an office in the Third Division; or
(iv) being a returned soldier is appointed or transferred to the Third Division as a result of passing an examination held prior to the commencement of this regulation.”
C.14027.—Price 3d.
After regulation 119 the following regulation is inserted:—
“119a. (1) In the case of any officer who, at the date of his compulsory transfer with his Department to Canberra, has reached the age of sixty years and who retires or is retired from the Service within three years from that date, there shall be payable to the officer the cost of the conveyance of himself and his family, together with furniture and household effects to the place to which he desires to proceed, but not exceeding in any event the cost of the conveyance of the officer and his family, together with furniture and effects, between Canberra and his former home station.
(2) In the event of the death of any such officer within three years of the date of his transfer, the cost of conveyance of his dependants, with furniture and household effects, as provided by the preceding sub-regulation, may be paid by the Department.”
Printed and Published for the Government of the Commonwealth of Australia H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1926 No. 131, titled Regulations Under the Commonwealth Public Service Act 1922-1924 (Thirty-Seventh Amendment, 1926), was enacted to address issues related to the administration and management of the Commonwealth Public Service. These amendments were made by the Board of Commissioners under the authority conferred by the Commonwealth Public Service Act 1922-1924, with the approval of the Governor-General. The primary policy objective behind these amendments was to provide the Board with additional flexibility in determining the seniority of officers under specific conditions, such as appointments under certain sections of the Act, transfers or promotions, and appointments of returned soldiers. Additionally, the amendments introduced provisions for the reimbursement of relocation costs for officers who retired or were retired within three years of their compulsory transfer to Canberra and for the conveyance of dependants in the event of the officer’s death within this period.
Scope and Application
The Commonwealth Public Service Act 1922-1924, as amended by the Thirty-Seventh Amendment in 1926, pertains to officers within the Commonwealth Public Service, including those appointed under specific sections of the Act and those who are transferred or promoted between divisions. The regulations cover officers who are removed to a lower division, transferred from a postmaster position in the Fourth Division to an office in the Third Division, or appointed to the Third Division based on an examination as returned soldiers. Additionally, the Act applies to officers who are compulsorily transferred to Canberra and subsequently retire or are retired within three years of their transfer. The geographical scope of the Act is national, applying throughout the Commonwealth of Australia. The amendments clarify the Board’s discretion in determining the seniority of officers under certain conditions and provide provisions for the reimbursement of relocation expenses for eligible officers and their families. These regulations come into effect immediately upon approval by the Governor-General and do not specify any exclusions or thresholds within the provided text.
Key Provisions
The main operative sections of these regulations pertain to the amendment of the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924. Specifically, Regulation 110 has been amended to allow the Board of Commissioners to determine the seniority of certain officers under specific circumstances (Reg. 110(7)). Furthermore, a new regulation, 119a, has been introduced to provide for the reimbursement of relocation costs for officers who retire or pass away within three years of being transferred to Canberra if they are over the age of sixty at the time of the transfer (Reg. 119a). These provisions are designed to address the particular needs and circumstances of officers in the public service, ensuring fairness and support during significant transitions in their careers.
The obligations and requirements imposed by these regulations on the parties involved primarily concern the Board of Commissioners and the Commonwealth Public Service. The Board is tasked with the authority to determine the relative seniority of officers under the circumstances outlined in Regulation 110(7). Additionally, the Department is required to ensure that relocation costs are reimbursed to eligible officers under Regulation 119a. These obligations ensure that the regulations are implemented effectively, providing the necessary support and fairness to officers within the public service.
The regulations do not explicitly state any offences, penalties, or consequences for breaches. However, failure to comply with these provisions could potentially lead to disputes or claims by affected officers regarding their seniority or relocation costs. Given the nature of the regulations, any such disputes would likely be resolved through administrative or legal processes, potentially involving the Board of Commissioners or relevant tribunals. The maximum penalties or consequences for non-compliance are not specified in the text, but they could include financial restitution or adjustments to seniority, depending on the specific circumstances of the breach.