STATUTORY RULES.
1912. No. 1.
REGULATION UNDER THE “COMMONWEALTH PUBLIC SERVICE ACT 1902.”
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, to come into operation forthwith.
Dated this 18th day of December, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation No. 228 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:—
228. The names of all candidates from outside the service, and also the names of all candidates at examinations held for promotion or transfer of officers within the service, not recommended by the Commissioner for appointment, promotion, or transfer, as the case may be, within eighteen months of the date of registration, shall be ruled out of the Register. Provided, however, that the Commissioner may, if he deem such a course expedient, extend the period of eligibility of successful candidates at examinations confined to officers of the service.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.20.—Price 3d.
Overview
The Statutory Rules 1912 No. 1, made under the Commonwealth Public Service Act 1902, were enacted to streamline the process of managing candidates for positions within the public service. This legislative instrument was introduced to address inefficiencies in the handling of candidates' applications and examinations, ensuring that the public service could operate more effectively. The regulation, which came into operation immediately, was established by the Governor-General in Council, reflecting the legislative authority of the Australian federal government. The policy objective behind this regulation was to ensure that the public service register remained current and relevant by removing candidates who were not recommended for appointment, promotion, or transfer within a specified period, thereby maintaining the integrity and efficiency of the public service recruitment and promotion processes.
Scope and Application
The Statutory Rules 1912, No. 1, made under the Commonwealth Public Service Act 1902, establishes regulations governing the Commonwealth public service, specifically focusing on the management of the Register of candidates. This Act applies to candidates from outside the public service and those within the service seeking promotion or transfer. The geographic reach of these regulations is national, as they apply throughout the Commonwealth of Australia. The regulations outline that candidates not recommended by the Commissioner within eighteen months of their registration shall be removed from the Register, though the Commissioner retains discretion to extend this period for candidates in certain examinations. This legislative instrument serves to ensure the timely and efficient administration of public service appointments, promotions, and transfers, thereby maintaining the efficacy and integrity of the public service framework.
Key Provisions
The key operative section of this regulation (Regulation No. 228) requires that the names of candidates from outside the public service, as well as those candidates who sit for promotion or transfer examinations within the service, must be removed from the Register if they are not recommended for appointment, promotion, or transfer by the Commissioner within eighteen months of their registration date (section 228). However, the Commissioner has the discretion to extend the eligibility period for successful candidates who are already part of the public service (section 228).
The regulation imposes specific obligations on the Commissioner, requiring them to make timely recommendations for the appointment, promotion, or transfer of candidates within the specified eighteen-month period. Failure to recommend these candidates within this timeframe will result in their names being removed from the Register. Additionally, the Commissioner is granted the authority to extend the eligibility period for candidates who are already within the service if they deem it necessary.
Breach of this regulation can lead to the removal of a candidate's name from the Register, which may have significant consequences for their career prospects within the public service. While the regulation does not explicitly outline specific criminal or civil penalties for non-compliance, the removal of a candidate's eligibility to be considered for public service roles could be viewed as a form of administrative penalty. The regulation does not specify maximum penalties, but the impact on a candidate's career prospects can be substantial.