Commonwealth of Australia.
Department of Home Affairs,
Melbourne, 22nd October, 1903.
REPEAL OF REGULATION UNDER COMMONWEALTH PUBLIC SERVICE ACT 1902, AND SUBSTITUTION OF NEW REGULATION THEREFOR.
IS Excellency the Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, has, in pursuance of the powers conferred by section 80 (L) of the Commonwealth Public Service Act 1902, been pleased to approve of the repeal of Regulation 199, made on the 15th December, 1902, under the provisions of the aforesaid Act, and of the substitution of a new Regulation, as hereunder, such Regulation to take effect on and from the 1st November, 1903:—
199. Every applicant for appointment as telegraph messenger must be between the ages of thirteen and fifteen years at date of examination. Every applicant nominated for appointment as telegraph messenger must be not less than thirteen nor more than fifteen years of age at his last birthday previous to appointment, and must cease to be so employed when he attains the age of eighteen years, unless in the meantime he has been transferred or promoted to some other position in the service for which he has qualified by passing the required examination.
JOHN FORREST,
Minister of State for Home Affairs.
Overview
The Legislative Instrument C2004L09688, enacted by the Commonwealth of Australia in 1903, addresses the issue of age restrictions for the appointment of telegraph messengers within the public service. The regulation was introduced to ensure that individuals applying for such positions meet specific age criteria, specifically being between thirteen and fifteen years old at the time of examination, and not exceeding fifteen years of age at their last birthday prior to appointment. This regulation also mandates that employees cease their employment upon reaching the age of eighteen, unless they have been transferred or promoted to another position within the service.
The enactment of this regulation by the Department of Home Affairs under the authority of the Commonwealth Public Service Act 1902, demonstrates a legislative intent to maintain age-appropriate employment standards within the public service. The policy objective appears to be ensuring that roles traditionally assigned to younger individuals are filled by those who are within an appropriate age range for the physical and developmental demands of such positions, while also providing a pathway for career progression within the public service.
Scope and Application
The regulation under the Commonwealth Public Service Act 1902, issued by the Department of Home Affairs, pertains specifically to the employment criteria for positions as telegraph messengers within the Commonwealth public service. It applies to individuals who are applying for or are nominated for the role of telegraph messenger, establishing stringent age requirements where applicants must be between thirteen and fifteen years old at the time of examination and must not exceed fifteen years of age at their last birthday prior to appointment. Additionally, employees in this role are mandated to cease employment upon reaching the age of eighteen unless they have been transferred or promoted to another position within the service for which they have qualified through the required examination. This regulation has a nationwide reach, affecting all Commonwealth public service offices across Australia, and supersedes the previously established Regulation 199, effective from 1st November 1903. The regulation is an exercise of the powers granted under section 80(L) of the Commonwealth Public Service Act 1902 and does not specify any exclusions, exemptions, or thresholds beyond the outlined age requirements.
Key Provisions
The legislation, numbered C2004L09688, outlines the repeal of an existing regulation under the Commonwealth Public Service Act 1902, and its replacement with a new regulation. This legislative instrument, approved by the Governor-General on 22nd October 1903, concerns the specific qualifications for individuals seeking appointment as telegraph messengers within the public service. According to the new regulation, applicants for this position must fall within the age bracket of thirteen to fifteen years at the time of examination (section 199). Furthermore, those nominated for the role must be no younger than thirteen and no older than fifteen years at their last birthday before appointment and must cease employment once they reach eighteen years of age, unless they have been transferred or promoted to another position within the service (section 199).
The Act imposes certain obligations on both the applicants and the public service. For applicants, it is mandatory to meet the specified age criteria to be eligible for examination and subsequent appointment as telegraph messengers (section 199). The public service, on the other hand, must ensure that all applicants and nominees adhere to these age requirements and that employees are removed from the role upon reaching the age of eighteen, barring any promotions or transfers (section 199).
In the event of a breach of these regulations, there are potential consequences. Although the specific nature of these consequences is not detailed within the text, it can be inferred that non-compliance with the age requirements for applicants or the employment cessation rule for those reaching eighteen could lead to disciplinary actions or other forms of redress within the public service framework. Given the legislative context, any breaches might also attract civil or criminal penalties as per the broader public service laws, although the exact nature of these penalties is not specified in this particular legislative instrument.