STATUTORY RULES.
1921. No. 222.
_______
COMMONWEALTH PUBLIC SERVICE REGULATIONS (EIGHTEENTH AMENDMENT, 1921).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1918, to come into operation forthwith.
Dated this twenty-third day of November, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for the Prime Minister.
________
Amendment of Commonwealth Public Service Regulations.
Regulation 121 of the Commonwealth Public Service Regulations is amended by inserting, after sub-regulation (1), the following sub-regulation:—
“(1a) For the purposes of this regulation a person shall only be deemed to have served with satisfactory record in any Expeditionary Force raised under the Defence Act 1903-1917, or to have been a member of any such Force if he enlisted therein before the eleventh day of November, One thousand nine hundred and eighteen.”
______________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Eighteenth Amendment) 1921 was enacted by the Governor-General in Council to amend the Commonwealth Public Service Regulations under the authority of the Commonwealth Public Service Act 1902-1918. This legislative instrument was introduced to address the need to recognise the service of individuals in Expeditionary Forces during the First World War by specifying the conditions under which their service would be deemed satisfactory for the purposes of public service employment. The policy objective, as stated within the text, is to ensure that service in the Expeditionary Forces is appropriately recognised and valued when considering an individual's record for public service employment purposes. This legislative instrument, dated 23 November 1921, came into operation immediately upon enactment.
Scope and Application
The Commonwealth Public Service Regulations (Eighteenth Amendment, 1921) applies to individuals who have served or are members of any Expeditionary Force established under the Defence Act 1903-1917. Specifically, the regulation modifies the criteria for what constitutes a satisfactory service record for these individuals, impacting their eligibility for positions within the Commonwealth Public Service. This amendment is designed to address and formalise the recognition of service records for those who enlisted in the Expeditionary Forces prior to the end of the First World War, specifically before the eleventh day of November, 1918. The amendment extends to all personnel who have served in these forces, thereby affecting a broad range of former service members who may seek employment within the Commonwealth Public Service. The legislative instrument is a Commonwealth regulation, indicating its jurisdictional reach throughout Australia, governed by the Commonwealth Public Service Act 1902-1918. There are no stated exclusions or thresholds within the text of the amendment itself, though it is possible that other regulations or legislative instruments may introduce such criteria. The regulation comes into effect immediately upon its issuance, with no further extensions or restrictions noted within the provided text.
Key Provisions
The main operative section of this legislation, Regulation 121 (1a), amends the Commonwealth Public Service Regulations by inserting a new sub-regulation that specifies the conditions under which a person may be deemed to have served with a satisfactory record or to have been a member of any Expeditionary Force raised under the Defence Act 1903-1917. According to the new sub-regulation, this will only apply if the person enlisted in such a force before the eleventh day of November 1918. This amendment is designed to clarify and limit the circumstances under which service in the Expeditionary Forces can be recognised for employment purposes within the Commonwealth Public Service.
The obligations and requirements imposed by this Act primarily pertain to the verification of service records for individuals seeking employment or continuing employment within the Commonwealth Public Service. The new sub-regulation (1a) mandates that any claim of satisfactory service in an Expeditionary Force must be substantiated by evidence of enlistment prior to the specified date. This places a responsibility on both the individuals and the employing authorities to ensure that the criteria for satisfactory service are met and properly documented.
Should there be any breach of the conditions set out in the amended sub-regulation, it could lead to various consequences. For instance, if an individual falsely claims to have served with a satisfactory record in an Expeditionary Force without meeting the enlistment date requirement, they could face disciplinary action, including potential termination of employment if already serving within the Commonwealth Public Service. Additionally, any deliberate misrepresentation could be subject to civil or criminal penalties as outlined in other relevant legislation, though specific penalties are not detailed within this statutory rule. The seriousness of the breach would determine the extent of the legal consequences, which could include fines or imprisonment depending on the jurisdiction and the nature of the offence.