Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1927 No. 122, Regulations under the Commonwealth Public Service Act 1922-1924, were enacted by the Board of Commissioners to address the need for amending the Commonwealth Public Service Regulations. This amendment, approved by the Governor-General and dated 17 October 1927, introduced a modification to Regulation 97b, specifically inserting additional conditions to accommodate public servants who were transferred or promoted to fill vacancies in Canberra prior to 1 January 1928. The primary objective of these regulations was to ensure that public service arrangements were effectively updated to reflect the transition of government operations to Canberra. This amendment aimed to provide clarity and continuity for public servants affected by the move, ensuring their employment status was appropriately recognised and adjusted within the new framework.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1922-1924 apply to public servants within the Commonwealth public service, specifically targeting individuals who are or will be transferred or promoted to fill a vacancy in Canberra as of the first day of January 1928. These Regulations are made by the Board of Commissioners appointed under the Act and are subject to the approval of the Governor-General. The amendment to Regulation 97b, effective from the date of the statutory rules, is designed to ensure that public servants who are relocated to Canberra to fill existing vacancies are covered by the provisions of the Regulations. The geographic scope of these Regulations is limited to Canberra, reflecting the specific administrative requirements associated with the relocation of departments to the national capital. There are no stated exclusions, exemptions, or thresholds within the text of these Regulations; however, the application and enforcement of these rules may be further detailed in subordinate instruments or administrative guidelines.

Key Provisions

The key provisions of the Statutory Rules 1927, No. 122, which amend the Commonwealth Public Service Regulations under the Commonwealth Public Service Act 1922-1924, are primarily found in Regulation 97b. This amendment, inserted into sub-regulation (1), specifies that the regulation now applies to public servants who are transferred or promoted to fill a vacancy at Canberra prior to 1 January 1928. The amendment aims to clarify the scope of the regulation in light of the relocation of departments to Canberra (Regulation 97b(1)). The obligations and requirements imposed by these Regulations on public servants and departments are significant. Public servants who are transferred or promoted to fill a vacancy in Canberra before 1 January 1928 must now comply with the amended provisions in Regulation 97b. This includes adhering to any conditions or requirements set out in the Regulations that govern their service and entitlements. Departments, in turn, must ensure that all transfers and promotions to Canberra before the specified date are carried out in accordance with the amended Regulations. The Statutory Rules do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the amended Regulations. However, under the broader framework of the Commonwealth Public Service Act 1922-1924 and related legislation, breaches of public service regulations could result in disciplinary actions, including dismissal, as well as potential civil or criminal liabilities depending on the nature and severity of the breach. The penalties for such breaches would typically be determined by the relevant authorities in accordance with the applicable laws and regulations in force at the time.