STATUTORY RULES.
1909. No. 105.
PROVISIONAL 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 certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this ninth day of September, 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 prejudically 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.11326.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1909, was introduced to address issues regarding the transfer of officers within the public service, particularly concerning their classification and salary adjustments. The regulation was issued by the Governor-General, with advice from the Federal Executive Council, due to the urgency of the matter. The underlying policy objective was to ensure that transfers from the General Division to the Professional or Clerical Division were conducted based on the relative fitness of the officers for the duties they were to perform. This regulation also aimed to provide clarity on salary adjustments and seniority for officers who had been transferred prior to a specific date, ensuring fairness and consistency within the public service framework.
The regulation specified that officers who transferred would continue to receive their previous salary unless otherwise determined by the Commissioner. Additionally, it stipulated that the seniority of transferred officers would be based on their subdivision of class and the date of their entrance into that subdivision. This legislative instrument reflects the Commonwealth Government's commitment to maintaining a structured and equitable public service system during a period of organisational change.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to officers within the Commonwealth Public Service who are transferred from the General Division to the Professional or Clerical Division. These officers must have either passed a prescribed examination or possess qualifications that are preserved by their classification. The regulation is designed to ensure that transfers are made based on the relative fitness of the officers for the duties they are to perform. It also mandates that officers receive their existing salary upon transfer to the new division, with the potential for an increase to the salary of the next highest subdivision if determined by the Commissioner. Furthermore, it provides for the re-evaluation of salaries and seniority for officers who were transferred before a specific date, if they are adversely affected by subsequent transfers. The regulation specifies that the seniority of transferred officers is to be determined by their subdivision of class and the date they entered that subdivision.
This legislation operates on a national level as a Provisional Regulation under the Commonwealth Public Service Act 1902, immediately coming into force due to its urgency. The regulation affects all officers within the Commonwealth Public Service who meet the criteria for transfer. It does not explicitly exclude any persons or entities, but its application is contingent on the qualifications and fitness of the officers concerned. The regulation’s scope is limited to the procedural aspects of transfers and salary adjustments within the specified divisions of the public service.
Key Provisions
The key provision of this legislation (section 142) involves the amendment of Regulation 142 under the Commonwealth Public Service Act 1902, concerning the transfer of officers from the General Division to either the Professional or Clerical Division. This transfer is contingent on the officer having passed the prescribed examination or being eligible based on their qualifications. The transfer process is to be carried out with consideration to the officer's relative fitness for the duties they will perform. Upon transfer, the officer will continue to receive their previous salary from the General Division. However, the Commissioner has the discretion to grant a higher salary from the next subdivision above the one corresponding to their previous salary, provided that it is not the minimum salary as stipulated in section 25 of the Act. Furthermore, if the Commissioner believes an officer who was transferred before 11th October, 1908 has been adversely affected by the transfer of other officers, they may decide the officer's future salary and the date from which this salary will be deemed to have been paid, impacting seniority and future advancement.
The Act imposes several obligations on the parties involved. The Commissioner is entrusted with the responsibility of assessing the relative fitness of officers for the duties they will perform upon transfer. They must also determine the salary of officers post-transfer, ensuring it aligns with the regulations unless a higher salary is justified. In cases where an officer’s transfer has been prejudiced by subsequent transfers, the Commissioner must adjust the salary and seniority accordingly. Officers, on their part, must pass the prescribed examination or meet the eligibility criteria based on their qualifications to be considered for transfer.
Breach of the provisions outlined in this legislation could lead to several consequences. While the specific offences and penalties are not detailed in the text, it is implied that any improper conduct in the transfer process, such as bypassing the required qualifications or unfair assessment of fitness, could result in disciplinary actions or legal consequences. The exact nature of these penalties would be determined in accordance with the broader public service regulations and employment laws of the time. The Commissioner's decisions, if found to be unjust or arbitrary, could potentially be subject to review or challenge under the relevant administrative or judicial frameworks.