STATUTORY RULES.
1937. No. 60.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1936.*
THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1936, in pursuance and exercise of the authority conferred upon it by the said Act, find subject to the approval of the Governor-General, hereby makes the following Regulation.
Dated this thirty-first day of May, 1937.
F.G. THORPE,
Commissioner.
Approved in Executive Council this ninth day of June, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for Acting Prime Minister.
Amendments of the Commonwealth Public Service Regulations.†
Test of qualifications for certain offices.
Regulation 112a of the Commonwealth Public Service Regulations is amended by adding at the end thereof the following sub-regulations:—
“(5.) An officer who occupies, or has occupied, the position of Examiner of Patents (£354-£510) shall not, after the first day of January, 1939, be promoted to the position of Examiner of Patents, Grade 2, unless—
(a) he has passed an examination conducted by, or with the approval of, the Board in the Patent Case Law of Great Britain in accordance with a syllabus approved by the Board and notified in the Gazette; or
(b) he has passed an examination conducted by the Board of Examiners of Patent Attorneys in the subjects referred to in paragraphs (a) and (b) of regulation 178 of the Patents Regulations, 1912.
* Notified in the Commonwealth Gazette on , 1937.
† 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, and 54.
2402.—9/14.5.1937.—Price 3d.
(6.) An officer who has not occupied the position of Examiner of Patents (£354-£510), shall not be promoted to the position of Examiner of Patents, Grade 2, unless he has passed the examination prescribed by regulation 105a of these Regulations for the advancement of an Examiner of Patents, Grade 1, beyond £402 per annum, and in addition has passed an examination conducted by, or with the approval of, the Board in the Patent Case Law of Great Britain in accordance with the syllabus approved by the Board and notified in the Gazette.”
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1937 No. 60, made under the Commonwealth Public Service Act 1922-1936, were introduced to address the need for standardised qualifications and examinations for certain positions within the public service, specifically for the role of Examiner of Patents. Enacted by the Public Service Board and approved by the Governor-General, these regulations aimed to ensure that officers seeking promotion to higher positions such as Examiner of Patents, Grade 2, meet specific competency requirements. The policy objective was to maintain high standards of professional expertise and knowledge within the public service, particularly in specialised roles such as patent examination.
Scope and Application
The Statutory Rules 1937 No. 60, made under the Commonwealth Public Service Act 1922-1936, outlines specific amendments to the Commonwealth Public Service Regulations, particularly concerning the qualifications required for the promotion of officers within the Patent Office. This regulation applies to officers who are currently in or have previously held the position of Examiner of Patents within the specified salary range of £354-£510. The new provisions, effective from 1 January 1939, impose stringent educational and examination requirements for promotions to the position of Examiner of Patents, Grade 2. Officers who have held the position of Examiner of Patents must pass an examination in Patent Case Law of Great Britain or an examination by the Board of Examiners of Patent Attorneys in relevant subjects. Conversely, officers who have not held the position of Examiner of Patents must pass a different set of examinations to be eligible for promotion. This regulation extends across the Commonwealth, ensuring uniform standards for public service positions related to patents and intellectual property within Australia.
Key Provisions
The key provisions of these regulations pertain to the qualifications and requirements for promotion of officers within the Commonwealth Public Service, specifically for the position of Examiner of Patents (¶2402). Regulation 112a(5) stipulates that an officer who currently holds, or has previously held, the position of Examiner of Patents (£354-£510) cannot be promoted to Examiner of Patents, Grade 2, unless they pass a specific examination in Patent Case Law of Great Britain or an examination by the Board of Examiners of Patent Attorneys. This regulation is designed to ensure that only suitably qualified individuals are promoted to higher positions within the patent examination service. Regulation 112a(6) further specifies that officers who have not previously held the position of Examiner of Patents must pass an examination prescribed by regulation 105a for the advancement of an Examiner of Patents, Grade 1, beyond £402 per annum, in addition to the aforementioned examination in Patent Case Law of Great Britain.
These regulations impose clear and specific obligations on officers seeking promotion to higher positions within the patent examination service. Officers who wish to be promoted to Examiner of Patents, Grade 2 must pass the relevant examinations in Patent Case Law of Great Britain, either through an examination conducted by, or approved by, the Public Service Board, or through an examination by the Board of Examiners of Patent Attorneys. For officers who have not previously held the position of Examiner of Patents, an additional examination must be passed to demonstrate their suitability for promotion beyond £402 per annum. These requirements ensure that only suitably qualified individuals are promoted to higher positions within the service.
The regulations do not explicitly outline specific offences, penalties, or civil or criminal consequences for breach. However, it is reasonable to infer that failure to meet the examination requirements could result in disqualification from promotion to the higher position. This could have significant implications for officers’ careers within the public service, as promotion is often tied to increased responsibilities and remuneration. While the regulations do not state maximum penalties for breach, it is likely that any failure to meet the examination requirements would be addressed internally within the public service, potentially leading to disciplinary action or other consequences as deemed appropriate by the relevant authorities.