Commonwealth Public Service Regulations (Amendment)

Legislation au C2004L01163 Regulations Not in force Legislative Instrument

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F.R.L.I.

1997B01076

STATUTORY RULES.

1942. No. 552.

 

REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1941.*

THE Public Service Board appointed under the Commonwealth Public Service Act 1922-1941, 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 Regulations.

Dated this twenty-third day of December, 1942.

F.G. THORPE,

Commissioner.

 

I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this twenty-third day of December, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

J.B. CHIFLEY

for Prime Minister.

 

Amendments of the Commonwealth Public Service Regulations.

Permanent Heads to be Chief Officers.

1. Regulation 71 of the Commonwealth Public Service Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “The Department of Commerce” and inserting in their stead the words “The Department of Commerce and Agriculture”; and

(b) by adding at the end of the list of departments in sub-regulation (1.) the words—“The Department of Post-war Reconstruction”.

Permanent Heads of Departments.

2. Regulation 71a of the Commonwealth Public Service Regulations is amended—

(a) by omitting the words ‘‘The Secretary, Department of Commerce”, and inserting in their stead the words “The Secretary, Department of Commerce and Agriculture”; and

(b) by adding at the end thereof the words—“The Director-General, Department of Post-war Reconstruction”.

 

* Notified in the Commonwealth Gazette on 24th December, 1942.

† 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; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; and 1942. Nos. 45, 167, 174, 182, 225, 320 and 466.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.

9046.—Price 3d.

Overview

Statutory Rules 1942, No. 552, the Regulations under the Commonwealth Public Service Act 1922-1941, were enacted to amend the Commonwealth Public Service Regulations. The Public Service Board, authorised by the Commonwealth Public Service Act 1922-1941, created these regulations, which were subsequently approved by the Governor-General, subject to the advice of the Federal Executive Council. The purpose of these amendments was to reflect the creation of the Department of Commerce and Agriculture and the Department of Post-war Reconstruction by updating the relevant regulations accordingly. This legislative instrument ensures that the administrative framework aligns with the evolving needs and responsibilities of the government as it addressed the specific requirements arising from the post-war period.

Scope and Application

The Commonwealth Public Service Regulations, as amended, apply to officers and employees of the Commonwealth public service, including those within the specified departments. The Regulations, established under the Commonwealth Public Service Act 1922-1941, govern the organisational structure and administrative duties of public servants within these departments. Notably, the amendments encompass the Department of Commerce and Agriculture, as well as the newly established Department of Post-war Reconstruction, designating their respective secretaries and director-generals as Chief Officers. These Regulations have a national reach, applying throughout the Commonwealth of Australia, and are subject to the approval of the Governor-General, thereby ensuring they are in alignment with federal governance. The Regulations extend their application through subordinate instruments, which are periodically updated to reflect changes in departmental structures and public service requirements.

Key Provisions

The Regulations under the Commonwealth Public Service Act 1922-1941, as approved by the Governor-General, primarily concern amendments to the Commonwealth Public Service Regulations, specifically Regulation 71 and Regulation 71a. Regulation 71 is amended to replace "The Department of Commerce" with "The Department of Commerce and Agriculture" and to add "The Department of Post-war Reconstruction" to the list of departments (Regulation 1(a) and (b)). Similarly, Regulation 71a is amended to replace "The Secretary, Department of Commerce" with "The Secretary, Department of Commerce and Agriculture" and to include "The Director-General, Department of Post-war Reconstruction" (Regulation 2(a) and (b)). These amendments reflect changes in the administrative structure of the Commonwealth government, likely due to shifts in policy priorities and the post-war reconstruction efforts. These regulations impose specific requirements on the Public Service Board and the departments affected by these changes. The Public Service Board must ensure that the amendments are properly implemented within the Commonwealth Public Service Regulations. For the Department of Commerce and Agriculture, this involves adjusting to the new title and responsibilities as outlined in the regulations. The newly formed Department of Post-war Reconstruction must also comply with the requirements set forth in these regulations, including the designation of the Director-General as a Chief Officer. These changes necessitate updates to departmental records, internal administrative processes, and possibly communication with other government entities to reflect the new organisational structure. The Regulations themselves do not explicitly state any offences, penalties, or consequences for non-compliance. However, non-compliance with regulations made under the Commonwealth Public Service Act 1922-1941 could potentially lead to disciplinary actions against public servants, depending on the severity and nature of the breach. The Commonwealth Public Service Act provides a framework for handling such disciplinary actions, which could include warnings, fines, suspension, or dismissal. The specific penalties would be determined based on the nature of the breach and the internal policies of the affected departments.

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