STATUTORY RULES.
1911. No. 42.
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 tenth day of March, One thousand nine hundred and eleven.
DUDLEY,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
A new Regulation, No. 73a, in the following terms, is hereby made:—
Officers Acting at Area Officers under Defence Act.
73a. Subject to the approval of the Chief Officer, an officer may be permitted to accept appointment as an Area Officer under the Defence Acts, and may receive the allowance attached to such position, in addition to his salary as an officer of the Public Service, provided that in any case where the officer is called upon to absent himself from his ordinary official duties he may, subject to the convenience of the Department, be granted leave of absence on full pay, and such leave shall be deducted from any leave due or accruing under the Act or Regulations.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.3833.—Price 3d.
Overview
The Statutory Rules 1911 No. 42, titled "Provisional Regulation Under the Commonwealth Public Service Act 1902," was enacted in 1911 to address the immediate need for flexible arrangements in the appointment and allowances of officers who might serve in dual capacities, particularly as Area Officers under the Defence Acts. The regulation was issued by the Governor-General in Council, under the authority of the Commonwealth Public Service Act 1902, reflecting a policy objective to ensure that the public service could respond efficiently to urgent defence-related requirements without disrupting regular service operations. This Provisional Regulation aimed to facilitate the seamless transition of public service officers into defence roles while maintaining their public service entitlements and leave provisions.
The enacting body was the Federal Executive Council, and the regulation was introduced due to the urgency of the situation, allowing officers to serve in dual capacities under the Defence Acts while receiving allowances in addition to their public service salaries. The regulation also provided for the possibility of leave on full pay if officers were required to be absent from their usual duties, ensuring that their public service roles were not unduly prejudiced by their additional defence responsibilities.
Scope and Application
The Provisional Regulation, No. 73a, made under the Commonwealth Public Service Act 1902, applies to officers within the Commonwealth Public Service who may be permitted to accept appointments as Area Officers under the Defence Acts. This regulation is subject to the approval of the Chief Officer and concerns the allowance attached to such a position, in addition to the officer's existing salary. It also stipulates that if an officer is required to be absent from their regular duties, they may be granted leave on full pay, with such leave being deducted from any leave due or accruing under the Act or Regulations, subject to the convenience of the Department. This regulation comes into immediate operation, certified by the Governor-General on behalf of the Commonwealth of Australia, and it does not explicitly outline any exclusions, exemptions, or thresholds beyond the stated conditions for approval and leave provisions. The scope of this regulation is limited to officers of the Commonwealth Public Service and their interaction with Defence Act roles.
Key Provisions
The main operative section of this Regulation, section 73a, allows officers to be appointed as Area Officers under the Defence Acts, subject to the Chief Officer's approval. This section stipulates that such an officer may receive the allowance attached to the position, in addition to their regular public service salary. However, if the officer is required to be absent from their ordinary official duties, they may be granted leave of absence on full pay, provided it is convenient for the department. Any leave granted under this section would be deducted from any leave due or accruing under the Act or Regulations.
Under this Regulation, the obligations imposed on the parties primarily concern the approval process for officers to accept an appointment as an Area Officer. The Chief Officer must approve the appointment, and the officer must adhere to the conditions of leave, ensuring that any leave granted under section 73a is deducted from their total leave entitlement. Furthermore, the department must consider the convenience of granting leave to ensure the smooth operation of public service duties.
Breaches of the conditions set out in this Regulation may not explicitly outline specific offences or penalties within the text of the statutory rule itself. However, it is implied that any failure to comply with the stipulations regarding leave and allowances may result in disciplinary action or other consequences as outlined in the broader framework of the Commonwealth Public Service Act 1902 or other relevant regulations. These consequences could range from formal warnings to more severe disciplinary measures depending on the nature and severity of the breach.