STATUTORY RULES.
1911. No. 12.
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 fifteenth day of February, One thousand nine hundred and eleven.
DUDLEY,
Governor-General
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Repeal of Public Service Regulations 209 and 213, and Substitution therefor of New Regulation
Regulations 209 and 213, made under the provisions of the Commonwealth Public Service Act 1902, are hereby repealed, and a new Regulation, in the following terms, made in lieu of No, 209:—
209. Each candidate for appointment to the Public Service shall furnish with his application a certificate of character from his last employer, a clergyman, a teacher, or a Justice of the Peace.
A successful candidate shall, upon appointment, and within 14 days of a request being made therefor, forward to the Commissioner (a) a properly certified extract from on official register of births, or other evidence of age satisfactory to the Commissioner, and (b) a certificate, from a medical practitioner registered within the Commonwealth, of sound bodily health and freedom from physical defects, containing satisfactory answers to such detailed questions as the Commissioner may specify. Provided that in the case of appointees resident in or appointed to the capital city or suburbs of a State, such medical certificate must be obtained from a medical practitioner nominated by the Commissioner.
If the required certificates are not forwarded within the time specified, or are not considered satisfactory, the Commissioner may cancel the appointment.
The Provisional Regulation, dated 12th April, 1909, known as Statutory Rules, 1909, No, 45, is hereby repealed.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C. 1958.—Price 3d.
Overview
Statutory Rules 1911 No. 12, made under the Commonwealth Public Service Act 1902, aims to reform the appointment process for candidates within the Australian Public Service. Enacted by the Governor-General in Council, these regulations were introduced to ensure that the integrity and fitness of individuals applying for public service roles are thoroughly vetted. The policy objective is to establish a more rigorous and formalised screening process for prospective public servants, including mandatory certificates of character and health, which replaced the previous regulations in 1911. This legislative instrument represents an effort to maintain high standards within the public service by requiring comprehensive documentation and assessments before employment.
Scope and Application
This statutory regulation, made under the Commonwealth Public Service Act 1902, applies to any individual seeking appointment within the Australian Public Service. Specifically, each candidate for such an appointment must furnish a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace as part of their application. Upon successful appointment, the candidate must provide several documents to the Commissioner within 14 days of a request, including an officially certified extract from an official register of births or other satisfactory evidence of age, and a certificate from a registered medical practitioner confirming sound bodily health and freedom from physical defects, answering specific questions set by the Commissioner. For those appointed in or to the capital city or suburbs of a state, the medical certificate must be obtained from a practitioner nominated by the Commissioner. Failure to submit these certificates within the specified timeframe or their unsatisfactory nature may result in the cancellation of the appointment. The regulation thus applies nationally across Australia, given its foundation under the Commonwealth Public Service Act 1902, and it specifically repeals previous regulations, including Provisional Regulation 45 of 1909, ensuring all appointments adhere to the updated requirements.
Key Provisions
The key provisions of this legislation (Regulation 209) require that each candidate for appointment to the Public Service must submit a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace, along with their application. Once appointed, the successful candidate must, within 14 days of a request by the Commissioner, provide an extract from an official register of births or other satisfactory evidence of age and a medical certificate from a registered medical practitioner in the Commonwealth, attesting to their sound bodily health and freedom from physical defects. The medical certificate must include satisfactory answers to any questions specified by the Commissioner. For appointees in the capital city or suburbs of a State, the medical certificate must be obtained from a medical practitioner nominated by the Commissioner. Failure to provide the required certificates within the specified time or providing unsatisfactory certificates can result in the Commissioner cancelling the appointment.
The obligations imposed by this Act primarily involve candidates for public service positions. Candidates must furnish a certificate of character and, upon appointment, provide evidence of age and a medical certificate. These certificates must be obtained and submitted within specific timeframes as required by the Commissioner. Additionally, there are specific requirements regarding the source of the medical certificate based on the candidate's place of residence or appointment.
Breaches of the Act’s requirements can lead to serious consequences, including the cancellation of an appointment. The Commissioner has the authority to cancel an appointment if the required certificates are not provided within the specified timeframe or if they are deemed unsatisfactory. This cancellation can effectively bar the individual from holding the public service position. The regulation does not specify additional penalties, but the loss of a public service appointment can have significant professional and personal consequences for the individual concerned.