Commonwealth Public Service Regulations (Amendment)

Overview

The Statutory Rules 1911 No. 11 is a legislative instrument enacted in 1911, providing regulations under the Commonwealth Public Service Act 1902. This regulation was introduced to establish and modify the entrance fees required for applicants seeking examination for various positions within the public service, replacing an earlier regulation (Regulation 220). The enacting body is the Governor-General in Council, exercising powers under the Commonwealth Public Service Act 1902. The policy objective is to ensure that appropriate fees are collected from applicants to cover the administrative costs associated with processing their applications and conducting examinations, while also allowing for refunds under certain conditions. This regulation aims to streamline the application process and maintain the integrity of the public service recruitment process.

Scope and Application

The Statutory Rules of 1911, No. 11, enacted under the Commonwealth Public Service Act 1902, outlines specific regulations concerning entrance fees for applicants seeking examination for positions within the Public Service of Australia. This regulation applies to individuals seeking employment in various divisions of the Public Service, including the Professional or Clerical Division, the General Division, and the position of Telegraph Messenger. The fees vary according to the division and position applied for, with amounts set at fifteen shillings, seven shillings and sixpence, and five shillings respectively. Payment of these fees, in the form of a postal note made payable to the Secretary to the Commonwealth Public Service Commissioner in Melbourne, is mandatory for applicants to present themselves for examination. Failure to comply with this requirement disqualifies an applicant from taking the examination. However, refunds may be issued if an applicant is deemed ineligible or if they provide satisfactory reasons for their inability to attend the examination. The regulation also allows the Commissioner to impose fees on Public Service Officers in specific circumstances, such as examinations limited to these officers or when they compete with external candidates. Geographically, the scope of these regulations is national, applying across the Commonwealth of Australia, as they are made under the Commonwealth Public Service Act 1902, which is a federal statute. The application of these fees and regulations is uniform, extending across all states and territories within Australia. The regulation does not explicitly state any exclusions or exemptions from the application of the fees, although it does provide for potential refunds under certain conditions. The regulation itself may be subject to further interpretation and application through subordinate instruments, potentially clarifying or extending its provisions in line with administrative needs and policy adjustments.

Key Provisions

The primary operative sections of this legislative instrument detail the entrance fees required from applicants seeking examination for various positions within the Commonwealth Public Service. Specifically, applicants for roles in the Professional or Clerical Division must pay fifteen shillings (Regulation 220(1)), while those applying for positions in the General Division, excluding Telegraph Messengers, are required to pay seven shillings and sixpence (Regulation 220(2)). Applicants for the role of Telegraph Messenger must pay five shillings (Regulation 220(3)). Each application must be accompanied by a postal note for the requisite amount, made payable to the Secretary to the Commonwealth Public Service Commissioner in Melbourne. Failure to comply with these payment requirements disqualifies an applicant from sitting for the examination. Additionally, the regulation allows for refunds under certain conditions, such as if the applicant is found ineligible for the examination or if they provide satisfactory reasons for their inability to attend. This legislative instrument imposes several obligations on applicants for Commonwealth Public Service positions. Firstly, it mandates that applicants must pay the specified entrance fees as a prerequisite to being considered for examination. Secondly, applicants must ensure that the postal note for the fee is correctly made payable to the designated officer and included with their application. Thirdly, in cases where the Commissioner decides that a fee should be imposed on Public Service Officers participating in specific examinations, applicants must adhere to any such fees determined by the Commissioner. Additionally, applicants must provide satisfactory reasons if they are unable to attend an examination and seek a refund of their fee under the stipulated conditions. Failure to comply with the entrance fee requirements as outlined in the regulation may result in serious consequences for applicants. The most immediate consequence is that non-compliant applicants will not be permitted to present themselves for examination. This means that they will be excluded from the process of being considered for the positions they have applied for. Furthermore, if an applicant is later found to be ineligible for the examination or can provide satisfactory reasons for their inability to attend, they may be eligible for a refund of the fee paid, subject to the Commissioner's approval. However, no specific civil or criminal penalties are mentioned for failing to pay the entrance fee, but the exclusion from the examination process effectively serves as a significant deterrent against non-compliance.