STATUTORY RULES.
1937. No. 100.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1937*
THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1937 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 thirtieth day of September, 1937.
F. G. THORPE,
Commissioner.
Approved in Executive Council this twenty-ninth day of October, 1937.
Governor-General.
By His Excellency’s Command,
for Prime Minister.
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Amendment of the Commonwealth Public Service Regulations.†
Seniority.
Regulation 110 of the Commonwealth Public Service Regulations is amended by omitting from paragraph (b) of the proviso to sub-regulation (6a) the words “upon which he is requested by the Chief Officer to report for duty” and inserting in their stead the words “of issue by the Chief Officer of notification of appointment and request to report for duty.”.
* Notified in the Commonwealth Gazette on , 1937.
† 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; and 1937, Nos. 11, 25, 54, 60, 74, 78 and 87.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4736.—9/16. 9. 1937—Price 3d.
Overview
The Statutory Rules 1937 No. 100, enacted under the Commonwealth Public Service Act 1922-1937, serves to amend the Commonwealth Public Service Regulations. This legislative instrument was introduced to address a specific procedural issue within the public service regulations, aiming to streamline the reporting process for newly appointed officers. The Public Service Board, established under the Commonwealth Public Service Act, is responsible for enacting these regulations, subject to the approval of the Governor-General. The policy objective is to ensure clarity and efficiency in the communication and implementation of public service appointments.
Scope and Application
The Regulations under the Commonwealth Public Service Act 1922-1937, as amended by Statutory Rules 1937, No. 100, apply to the Commonwealth Public Service and are made by the Public Service Board under the authority conferred by the Act. These regulations specifically address amendments to the Commonwealth Public Service Regulations, with Regulation 110 being modified to adjust the conditions under which an officer is required to report for duty. This amendment concerns the procedures for notification of appointment and the subsequent request for an officer to report for duty, thereby affecting the conduct of public service officers and their employers. The geographic reach of these regulations is limited to the Commonwealth jurisdiction, impacting public servants across Australia who are employed under the Commonwealth Public Service Act.
The application of these regulations is confined to public service officers within the Commonwealth, and no exclusions, exemptions, or thresholds are explicitly stated in the legislative instrument. However, it is implied that these regulations would not apply to private sector employees or those in state or territory public services. The regulation extends its application through subordinate instruments, which are referenced in the legislative text, ensuring that the amendments to the Commonwealth Public Service Regulations are properly implemented and communicated within the public service framework.
Key Provisions
The Commonwealth Public Service Regulations 1937, specifically Regulation 110, outline important adjustments concerning seniority within the public service framework (Regulation 110). These regulations amend the existing provisions by removing the phrase “upon which he is requested by the Chief Officer to report for duty” and replacing it with “of issue by the Chief Officer of notification of appointment and request to report for duty.” This change ensures that the date of seniority is determined by the issuance of the official notification and request to report for duty, rather than the actual reporting date.
Under these regulations, public service entities are obligated to adhere to the new criteria for establishing the seniority date of employees. The Chief Officer must issue a formal notification of appointment along with a request for the employee to report for duty, and this issuance date will now be considered the official seniority date. This shift in criteria aims to provide clarity and consistency in determining the seniority of employees within the public service.
Violations or non-compliance with the provisions of these regulations may lead to various consequences. While the specific penalties are not detailed within the text, breaches of public service regulations can typically result in administrative or disciplinary actions. These may include formal warnings, reprimands, or more severe measures depending on the nature and severity of the breach. Additionally, persistent non-compliance could potentially lead to legal ramifications, including fines or other penalties as prescribed by relevant legislation.
In summary, Regulation 110 of the Commonwealth Public Service Regulations 1937 modifies the criteria for determining the seniority date of public service employees, requiring adherence to the issuance of official notification and request to report for duty. Entities within the public service must ensure compliance with these provisions to avoid potential administrative, disciplinary, or legal consequences.