STATUTORY RULES.
1911. No. 5.
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 the 31st day of January, One thousand nine hundred and eleven.
DUDLEY,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation 66 made under the provisions of the Commonwealth Public Service Act 1902 is amended by the repeal of sub-clause 4 thereof and the substitution of the following in lieu:—
“(4) Where in any Department of the Public Service the performance of Sunday duty is necessitated by the public requirements, every officer called upon for such duty shall be liable therefor under the conditions herein; provided, however, that any officer possessing conscientious scruples against Sunday duty may apply for permission to furnish a substitute.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.18877.—Price 3d.
Overview
The Statutory Rules 1911 No. 5, enacted on the 31st day of January, 1911, amends the Commonwealth Public Service Act 1902 through Provisional Regulation 66. This regulation was introduced to address the issue of Sunday duty within the public service, specifically modifying the conditions under which officers are required to perform such duties. The regulation was enacted by the Governor-General in Council, acting with the advice of the Federal Executive Council, recognising the urgency of the matter. The policy objective behind the amendment is to accommodate officers who have conscientious objections to working on Sunday while still ensuring that public service duties are fulfilled when necessary.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to officers within any Department of the Public Service who are called upon to perform Sunday duty necessitated by public requirements. The regulation specifically addresses the conditions under which these officers are liable for such duty, while also acknowledging the rights of officers who have conscientious objections to working on Sunday. Officers with such scruples are allowed to apply for permission to provide a substitute for their Sunday duty. The scope of the regulation is limited to officers within the Commonwealth Public Service and pertains to specific circumstances where Sunday duty is necessary due to public requirements. The regulation operates on a national level as it is issued under the Commonwealth Public Service Act, which is a federal act. The regulation does not explicitly state any exclusions, exemptions, or thresholds, but it does provide a clear mechanism for officers to seek relief based on their conscientious objections. This Provisional Regulation comes into immediate operation as a result of its urgency, thereby extending the application of the Commonwealth Public Service Act 1902 to cover the specified circumstances of Sunday duty.
Key Provisions
The main operative sections of this Statutory Rule, particularly Regulation 66 under the Commonwealth Public Service Act 1902, modify the conditions under which public service officers are required to perform Sunday duty (section 4). The amendment specifies that while officers must perform Sunday duty when necessitated by public requirements, they can apply for permission to avoid such duty if they have conscientious scruples against working on Sunday (section 4). This provision balances the needs of public service with respect to individual beliefs and preferences.
The Act imposes obligations on public service officers who may be called upon to perform Sunday duty. These officers must comply with the conditions outlined in the regulation unless they have conscientious scruples against such work. If an officer holds such scruples, they must formally apply for permission to provide a substitute for their Sunday duties. The regulation ensures that the public service can operate effectively while also accommodating individual consciences, provided the application is made in good faith and the request is reasonable under the circumstances.
Failure to comply with the requirements of the regulation could result in various consequences. For instance, an officer who does not perform their duty without a valid application for a substitute may face disciplinary action as outlined in the Public Service Act. Such disciplinary measures could include formal warnings, deductions in pay, or even termination of employment, depending on the severity of the breach and the specific circumstances of the case. The regulation aims to ensure that public service duties are met while also respecting the personal beliefs of employees, thereby maintaining both operational efficiency and employee morale.
The regulation also provides a framework for officers to apply for a substitute when they have conscientious scruples against Sunday duty. This process must be formal and documented, ensuring transparency and fairness in the application process. While the regulation allows for such applications, it does not guarantee that they will always be approved, as the decision will be based on the public service needs and the reasonableness of the officer's scruples. If an application is denied and the officer still refuses to perform their duties, they could face the aforementioned disciplinary actions. This balance ensures that while individual beliefs are respected, the overarching public service obligations are not compromised.