Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1941 No. 310, enacted in 1941, address the urgent need to stabilise and maintain the efficiency of the Commonwealth Public Service during wartime. This regulation was introduced to extend the term of office for Divisional Representatives, ensuring continuity and stability within the public service amidst the disruptions of war. The Public Service Board, appointed under the Commonwealth Public Service Act 1922-1941, created this regulation to manage the public service more effectively during periods of conflict, subject to the approval of the Governor-General. The policy objective is to provide a stable leadership structure in the public service, allowing for uninterrupted governance and service delivery during the war.

Scope and Application

The Statutory Rules 1941, No. 310, made under the Commonwealth Public Service Act 1922-1941, modifies the Commonwealth Public Service Regulations by introducing a new regulation 141qa, which extends the term of office for a Divisional Representative who was in office at the start of the war. This regulation applies to the Commonwealth of Australia and specifically to those individuals who hold the position of Divisional Representative within the public service. The regulation is designed to ensure continuity and stability in the public service during the period of war, thereby affecting the duration of service for these particular public servants. The regulation stipulates that the term of office will be extended to three years or until six months after the cessation of the war, whichever period is longer. The regulation does not explicitly exclude any persons or entities from its application, but rather it applies broadly to all Divisional Representatives holding office on the commencement date of the regulation. Furthermore, the regulation is a specific amendment to the existing framework of Commonwealth Public Service Regulations, which have been previously amended on numerous occasions, as evidenced by the references to earlier statutory rules.

Key Provisions

The key provision of this legislative instrument (Regulation No. 310) is found in the inserted regulation 141qa (C2004L01155). This regulation modifies the term of office for Divisional Representatives in the Commonwealth Public Service who were already in office on the date this regulation commences. Specifically, it stipulates that their term of office will extend to three years or until six months after His Majesty ceases to be engaged in war, whichever period is longer. This extension is intended to provide stability and continuity in the public service during times of conflict (141qa). Entities and individuals governed by this Act are required to adhere to the modified term of office as outlined in regulation 141qa. For those Divisional Representatives who were already serving on the commencement date of this regulation, their tenure will now last until one of two events occurs: either the end of three years from the date of this regulation, or six months after His Majesty ceases to be engaged in war. This necessitates that these representatives continue their duties until the later of these two specified events, ensuring uninterrupted service during the war period (141qa). The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of this regulation. However, general provisions under the Commonwealth Public Service Act 1922-1941 would apply. Any failure to comply with the terms of office as stipulated could potentially lead to disciplinary actions, including possible removal from office, depending on the interpretation and enforcement by the Public Service Board or relevant authorities. These actions would be guided by the existing administrative and disciplinary frameworks provided by the Act (General provisions under the Commonwealth Public Service Act 1922-1941).