Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules of 1913, No. 121, were enacted under the Commonwealth Public Service Act 1902-1911 to address the need for stringent measures in the recruitment process for the Commonwealth Public Service. The Federal Executive Council, acting on the advice of the Governor-General, introduced this regulation to ensure that candidates for public service positions met specific requirements concerning their character, age, and health. The policy objective was to maintain high standards of integrity and physical fitness among public servants, thereby enhancing the efficiency and reliability of the public service. Successful candidates were required to submit a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace, along with an officially certified extract from an official register of births or other acceptable evidence of age and a medical certificate attesting to their sound health and freedom from physical defects. Failure to provide these certificates within the specified timeframe or submitting unsatisfactory ones could result in the cancellation of their appointment.

Scope and Application

The Statutory Rules of 1913, Number 121, issued under the Commonwealth Public Service Act 1902-1911, outlines specific regulations for candidates seeking appointment within the public service. The regulations apply to all individuals applying for a position within the public service, requiring them to furnish a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace. Upon successful appointment, these individuals must provide a certified extract from an official register of births or other evidence of age, as well as a medical certificate attesting to their sound bodily health and freedom from physical defects, as determined by a registered medical practitioner within the Commonwealth. The regulations specify that if these certificates are not submitted within the stipulated timeframe or are deemed unsatisfactory, the Commissioner has the authority to cancel the appointment. The regulation's jurisdictional reach is national, applying uniformly across the Commonwealth of Australia. The legislation does not explicitly state any exclusions, exemptions, or thresholds, indicating that the outlined requirements are mandatory for all public service applicants.

Key Provisions

The primary operative sections of the Statutory Rules 1913 No. 121 Regulation, made under the Commonwealth Public Service Act 1902-1911, pertain to the requirements for candidates seeking public service employment. Regulation 209 specifies that each candidate must submit a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace along with their application (Reg. 209). Upon successful appointment, candidates must provide the Commissioner with a certified extract from an official register of births or other age verification evidence, and a certificate of sound bodily health and freedom from physical defects from a Commonwealth-registered medical practitioner (Reg. 209). These medical certificates must include answers to detailed questions specified by the Commissioner, and if required, must be obtained from a practitioner nominated by the Commissioner. The Regulation also mandates that these documents be submitted within fourteen days of a request from the Commissioner. Failure to provide the required certificates within the specified timeframe or providing unsatisfactory documents may result in the cancellation of the appointment. The obligations imposed by the Regulation on candidates and the Commissioner are quite specific. Candidates must obtain and present a certificate of character, an age verification document, and a medical certificate within fourteen days of a request from the Commissioner. The Commissioner, on the other hand, has the responsibility to request these documents and to assess their adequacy. If the certificates provided are not satisfactory, the Commissioner is empowered to cancel the candidate's appointment. This regulation is designed to ensure that individuals appointed to public service roles meet certain standards of character, age, and health, thereby maintaining the integrity and efficiency of the public service. The Regulation also delineates consequences for non-compliance. If a candidate fails to provide the required certificates within the specified time period or if the provided certificates are deemed unsatisfactory by the Commissioner, the Regulation explicitly states that the Commissioner may cancel the appointment (Reg. 209). While the specific penalties or consequences for such breaches are not detailed in the Regulation, the primary consequence is the loss of the public service appointment. Given the formal and administrative nature of this Regulation, it is likely that additional administrative or procedural penalties could be imposed, though these are not explicitly mentioned in the text provided.