STATUTORY RULES.
1938. No. 41.
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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1937.*
THE Public Service Board appointed under the Commonwealth Public Service Act 1922-1937, 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.
Date this twenty-ninth day of April, 1938.
F. G. THORPE,
Commissioner.
Approved in Executive Council this eleventh day of May, 1938.
HUNTINGFIELD
Administrator of the Government of the Commonwealth of Australia.
By His Excellency’s Command,
for Prime Minister.
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Amendments of the Commonwealth Public Service Regulations.†
“Salary” for purposes of furlough.
1. Regulation 62 of the Commonwealth Public Service Regulations is amended by inserting in paragraph (i), after the word and letter “Schedule ‘A’”, the words and letter “and under Schedule ‘B’”.
Proceedings after nomination.
2. Regulation 141e of the Commonwealth Public Service Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1.) In the event of one candidate only being nominated the Returning Officer shall inform the Board of the name of that candidate and the Board shall, by notification in the Gazette, declare that candidate elected, but if more than one candidate is nominated the Returning Officer shall proceed to take a poll.”.
* Notified in the Commonwealth Gazette on , 1938.
† 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, 113 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; and 1938, No. 35.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2234.—9/26. 4. 1938.—Price 3d.
Overview
Statutory Rules 1938, No. 41, made under the Commonwealth Public Service Act 1922-1937, introduces amendments to the Commonwealth Public Service Regulations. This legislative instrument was enacted to refine administrative processes within the public service, addressing gaps in the existing regulations to ensure more efficient and clear procedures, particularly in the context of salary and election processes within the service. The Public Service Board, authorised under the Commonwealth Public Service Act, made these regulations subject to the approval of the Governor-General, reflecting a policy objective to maintain and improve the functionality and clarity of public service operations. The amendments, which include adjustments to salary definitions and election procedures, aim to enhance the operational effectiveness of the public service by providing clearer guidelines and reducing ambiguities in existing regulations.
Scope and Application
The Commonwealth Public Service Regulations 1938, as amended, pertain to the administration of the Commonwealth Public Service Act 1922-1937, governing the conduct, appointment, and employment conditions of public servants within the Australian federal government. These regulations apply to all officers and employees of the Commonwealth, including those within the public service, and set out detailed provisions regarding their salaries, leave entitlements, promotions, and disciplinary actions. The scope of the regulations extends nationally, as they are issued under the authority of the Commonwealth and are applicable across all states and territories of Australia. Specific exclusions and exemptions are detailed within the various sections of the regulations, with certain categories of public servants and specific roles potentially being subject to particular provisions or exclusions from general rules. The regulations are subject to further interpretation and application through subordinate instruments, which may introduce additional specifics or modifications to the general principles established within the primary legislative framework.
Key Provisions
The key provisions of these regulations, as detailed in the Statutory Rules 1938 No. 41, pertain to the amendment of the Commonwealth Public Service Regulations. Regulation 62 has been amended to include an additional category under Schedule ‘B’ when determining salary for furlough purposes (1). Additionally, Regulation 141e has been revised to clarify the procedure for elections when candidates are nominated. Specifically, if only one candidate is nominated, the Returning Officer must inform the Board, who will then declare that candidate elected through a Gazette notification (2). If more than one candidate is nominated, the Returning Officer is required to proceed to take a poll.
These regulations impose specific obligations on the Public Service Board and the Returning Officer. The Board must ensure that the process for declaring elected candidates is transparent and follows the prescribed steps, particularly when multiple candidates are nominated. The Returning Officer must accurately determine the number of candidates nominated and follow the appropriate procedure, whether it involves a declaration of election or taking a poll. These roles are critical in maintaining the integrity of the election process within the Commonwealth Public Service.
Failure to comply with these regulations may lead to legal consequences. Although the specific penalties are not detailed in the text, breaches of such regulations could result in administrative or legal actions. The Public Service Board and the Returning Officer must adhere to the prescribed processes to avoid any potential repercussions, which may include disciplinary actions or other administrative penalties as determined by the relevant authorities.