STATUTORY RULES.
1940. No. 143.
–––––––––
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1939.*
THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1939, 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 Regulation.
Dated this sixteenth day of July, 1940.
F. G. THORPE,
Commissioner.
–––––––
I, the Governor-General, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulation.
Dated this twenty-fourth day of July, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. K. NOCK
for Prime Minister.
––––––
Amendment of the Commonwealth Public Service Regulations †
Permanent Heads of Departments.
Regulation 71A of the Commonwealth Public Service Regulations is amended by omitting the words ‘The Director, Department of Information” and inserting in their stead the words “ The Secretary, Department of Information”.
* Notified in the Commonwealth Gazette on 25th July, 1940.
† 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, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1930, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168 ; and 1940, Nos. 23, 74 and 110.
–––––––––––––
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
4435.—Price 3d.
Overview
The Statutory Rules 1940, No. 143, issued under the Commonwealth Public Service Act 1922-1939, were enacted to amend the Commonwealth Public Service Regulations, specifically addressing the title of the head of the Department of Information. This regulatory instrument was created by the Public Service Board, which was appointed under the Commonwealth Public Service Act 1922-1939, and was subject to the approval of the Governor-General. The regulation modifies Regulation 71A by changing the title of the head of the Department of Information from "The Director" to "The Secretary," reflecting an update in departmental structure and responsibilities. The policy objective of this amendment is to ensure the public service regulations remain aligned with the current administrative framework of the Commonwealth government.
Scope and Application
The Commonwealth Public Service Regulations, enacted under the Commonwealth Public Service Act 1922-1939, apply to all officers and employees within the Commonwealth Public Service, governing their employment conditions, classification, remuneration, and other related matters. These regulations have a nationwide jurisdictional reach as they are intended to standardise the administration of the public service across Australia, ensuring consistency and fairness in the treatment of public servants. However, specific exclusions or exemptions are not explicitly detailed within the legislative text, but they can be inferred from the context of public service roles and functions, such as those involved in highly sensitive or security-related positions. The scope of these regulations can be extended or further defined through subordinate instruments, allowing for amendments and adjustments to meet evolving administrative needs and requirements of the public service.
Key Provisions
The main operative sections of this legislative instrument, specifically Statutory Rules 1940, No. 143, involve the amendment of Regulation 71A of the Commonwealth Public Service Regulations. This regulation pertains to the appointment of permanent heads of departments, with the amendment replacing the title 'The Director, Department of Information' with 'The Secretary, Department of Information' (Reg. 71A). This change reflects an update in the designation of the head of the Department of Information within the Commonwealth Public Service.
The obligations and requirements imposed by this legislation on the parties involved are primarily administrative in nature. The Public Service Board, appointed under the Commonwealth Public Service Act 1922-1939, is tasked with making regulations that govern the public service. The Board must ensure that any amendments to the regulations are made in accordance with the authority conferred by the Act and subject to the approval of the Governor-General. Additionally, the Governor-General, acting with the advice of the Federal Executive Council, must approve these regulations before they take effect. This dual layer of approval ensures that changes to public service regulations are both authorised and formally endorsed by the highest levels of government.
Offences, penalties, or civil and criminal consequences for breaches of these regulations are not explicitly stated within the provided text. However, the formal process of approval by the Governor-General indicates a structured and authoritative governance framework. Any failure to comply with the stipulated procedures for making and approving regulations could potentially lead to legal consequences, though the specific penalties are not detailed here. Generally, non-compliance with public service regulations could result in administrative or legal action, depending on the severity and nature of the breach.
The legislative instrument concludes with a notation of the approval by the Governor-General and the formal endorsement by the Prime Minister's office, highlighting the importance and legitimacy of the regulatory changes. This formal process underscores the significance of the amendments and the careful consideration given to changes in the public service structure.