STATUTORY RULES.
1909. No. 130.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902, to come into operation forthwith.
Dated this 25th day of November, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
GEORGE W. FULLER,
Minister of State for Home Affairs.
Amendment of Public Service Regulation 142.
Regulation 142, made under the provisions of the Commonwealth Public Service Act 1902, is amended, and the following Regulation substituted in lieu thereof:—
142. Transfers from the General to the Professional or Clerical Division of Officers who have qualified by passing the prescribed examination, or are eligible by virtue of qualifications preserved to them by their classification, shall be made in accordance with relative fitness for the duties to be performed. An officer, upon transfer, shall continue to receive the salary paid to him in the General Division, provided that, if the Commissioner so determine, such officer may be granted, either upon transfer, or at a later date to be fixed, the salary of the subdivision next above that corresponding to the salary received by him in the General Division, such salary not being the minimum salary payable under section 25 of the Act.
Provided that in any case where, in the opinion of the Commissioner, an officer who was transferred from the General Division prior to the 11th day of October, 1908, has been prejudicially affected by the subsequent transfer of other officers, the Commissioner may determine the salary to be henceforth paid such officer, and the date for purposes of seniority or future advancement from which such salary shall be deemed to have been paid.
The seniority of officers transferred from the General Division shall be determined by subdivision of class and date of entrance to such subdivision.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14598.—Price 3d.
Overview
Statutory Rules 1909 No. 130, enacted under the Commonwealth Public Service Act 1902, addresses the issue of ensuring equitable transfers between divisions within the public service. This regulation was established to provide clear guidelines for the transfer of officers from the General Division to the Professional or Clerical Division based on their qualifications and fitness for the duties involved. The Federal Executive Council, acting under the authority of the Governor-General, aimed to provide a structured and fair process for such transfers, ensuring that officers' salaries and seniority are appropriately managed. The policy objective is to maintain fairness and efficiency within the public service by ensuring that transfers are based on merit and qualifications, thereby preventing any prejudicial impact on officers' career progression and compensation.
Scope and Application
This statutory rule, made under the Commonwealth Public Service Act 1902, pertains to the regulation of officer transfers within the Australian Public Service. Specifically, it addresses the conditions under which officers can be transferred from the General Division to either the Professional or Clerical Division. The regulation stipulates that such transfers must be based on the relative fitness of the officer for the duties they will perform and mandates that officers continue to receive their previous salary in the General Division upon transfer. However, it allows for the Commissioner to adjust this salary to the next higher subdivision, provided it is not the minimum salary. The regulation also provides a mechanism for officers who were transferred prior to a specific date and have been adversely affected by subsequent transfers to have their salary and seniority reassessed. The rule applies to officers within the Australian Public Service, particularly those in the General Division who are seeking or have been transferred to the Professional or Clerical Division. It has a national jurisdictional reach as it is a Commonwealth regulation. There are no specific exclusions or thresholds outlined in the text, but the regulation does allow for the Commissioner’s discretion in certain matters.
Key Provisions
The primary operative sections of the Statutory Rules 1909 No. 130 pertain to the amendment of Regulation 142 under the Commonwealth Public Service Act 1902. Regulation 142, as amended, outlines the process for transferring officers from the General Division to the Professional or Clerical Division. This transfer is contingent upon the officer passing the prescribed examination or being eligible based on qualifications preserved through their classification. The regulation mandates that such transfers be made based on relative fitness for the duties to be performed (section 1). Upon transfer, officers are to continue receiving their existing salary from the General Division, although the Commissioner has the discretion to adjust this salary to the next higher subdivision, provided it does not correspond to the minimum salary stipulated in section 25 of the Act (section 1). Additionally, if an officer transferred prior to 11 October 1908 has been adversely affected by subsequent transfers, the Commissioner may adjust their salary and seniority retrospectively (section 1).
The Act imposes several obligations and requirements on the parties involved, particularly on the Commissioner. The Commissioner is responsible for determining the relative fitness of officers for transfer, ensuring that the process is fair and based on merit. They must also evaluate whether an officer has been prejudicially affected by subsequent transfers and, if so, adjust their salary and seniority accordingly. Furthermore, the Commissioner is tasked with maintaining the seniority of transferred officers by considering their subdivision of class and date of entrance to that subdivision (section 1). This involves careful administrative oversight to ensure that transfers are managed in a manner that upholds the integrity of the public service.
Breach of the provisions outlined in this regulation may lead to civil or criminal consequences. While the specific offences and penalties are not detailed within the text of the regulation itself, it is likely that any failure to adhere to the stipulated processes for transfers, or any misuse of the Commissioner's discretion, could result in disciplinary action under the Commonwealth Public Service Act 1902. Such actions might include dismissal, demotion, or other administrative penalties, as determined by the relevant authorities. The maximum penalties for such breaches, if applicable, would be consistent with those set out in the broader framework of the Commonwealth Public Service Act.