Commonwealth Public Service Regulations (Amendment)

Overview

The Commonwealth Public Service Regulations (Second) Amendment, 1923, is a legislative instrument made under the authority of the Commonwealth Public Service Act 1902-1918. Enacted in 1923, this regulation was introduced to amend the existing Public Service Regulations to reflect changes in the official holidays observed in South Australia. Specifically, it removed "King's Accession Day" from the list of prescribed holidays, aligning the regulations with the evolving public holiday calendar of the time. The regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and it aimed to ensure that the public service regulations were up-to-date and reflective of contemporary practices. This amendment was intended to maintain consistency and efficiency within the public service framework.

Scope and Application

The Commonwealth Public Service Regulations (Second) Amendment (1923) Statutory Rule No. 78, made under the Commonwealth Public Service Act 1902-1918, pertains to the regulation and administration of public service within the Commonwealth of Australia. This legislation applies to all Commonwealth public servants who are subject to the Public Service Regulations. It impacts the conduct and administrative practices within the public service framework, particularly those who are governed by the South Australia region’s specific regulations. The amendment targets the alteration of the prescribed holidays, specifically removing “King’s Accession Day” from the list of holidays for South Australia, thereby affecting the leave entitlements and work schedules of public servants in that region. The geographic reach of this amendment is limited to South Australia, which is part of the Commonwealth of Australia, reflecting a jurisdictional amendment to the public service regulations within the state. There are no stated exclusions, exemptions, or thresholds in this particular statutory rule; however, the broader Public Service Regulations may include other provisions that could apply. The application of this amendment is direct and does not rely on subordinate instruments for extension or restriction.

Key Provisions

The Commonwealth Public Service Regulations (Second) Amendment, 1923, amends Regulation 91 of the Public Service Regulations, which pertains to the list of holidays prescribed for South Australia (Regulation 91). Specifically, this amendment removes "King’s Accession Day" from the list of mandated holidays (Regulation 91). This legislative instrument is effective immediately upon its enactment. The amendment imposes an obligation on the Commonwealth public service entities to adjust their internal policies and procedures in accordance with the updated list of holidays. Public service employees in South Australia will no longer be entitled to the King’s Accession Day as an official holiday, and their leave entitlements and work schedules must be modified to reflect this change. Employers are required to communicate the amendment to their staff and ensure compliance with the new regulations. There are no direct offences, penalties, or civil/criminal consequences outlined in this specific legislative instrument for failing to comply with the amended holiday list. However, non-compliance with public service regulations can lead to broader administrative or employment-related consequences for public servants. The exact repercussions would depend on the internal policies of the respective Commonwealth public service entity and the terms of individual employment contracts.