Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1909 No. 45, which came into immediate operation on 12 April 1909, constituted a Provisional Regulation under the Commonwealth Public Service Act 1902. Enacted by the Governor-General in Australia, acting on the advice of the Federal Executive Council, this regulation addressed the urgency in updating the process for the appointment of candidates to the Public Service. The objective was to ensure a more rigorous vetting process for candidates by requiring them to submit a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace, along with other certificates of age and health, thereby enhancing the integrity and competency of the public service workforce. The regulation repealed the existing Regulations 209 and 213 and substituted them with new provisions that demanded additional documentation to substantiate the qualifications and fitness of candidates. This was intended to improve the standards of the public service by ensuring that appointees were thoroughly vetted and met the necessary health and character requirements. The regulation was implemented by the Governor-General, reflecting the urgency and importance of these changes in the early days of the Commonwealth of Australia.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to individuals seeking appointment to the public service, necessitating them to provide specific documentation as part of their application. This includes a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace. Successful candidates must also submit an extract from an official register of births or other evidence of age, as well as a medical certificate confirming their sound bodily health and freedom from physical defects. The geographic reach of this regulation is national, as it pertains to the public service across the Commonwealth of Australia. Furthermore, the regulation specifies that medical certificates for candidates in the capital city or suburbs of a state must be obtained from a medical practitioner nominated by the Commissioner. The regulation is in force immediately as a Provisional Regulation, and any failure to comply with the requirements can result in the cancellation of the appointment.

Key Provisions

The main provisions of this Provisional Regulation under the Commonwealth Public Service Act 1902, as set out in Section 209, require candidates for appointments within the public service to provide a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace. Upon successful appointment, candidates must submit to the Commissioner a certified extract from an official register of births or other evidence of age that satisfies the Commissioner, and a medical certificate attesting to their sound bodily health and freedom from physical defects, within 14 days of a request being made. If the medical certificate is for an appointee residing in or appointed to the capital city or suburbs of a State, it must be obtained from a medical practitioner nominated by the Commissioner. The Commissioner has the discretion to cancel the appointment if the required certificates are not submitted on time or are deemed unsatisfactory. The obligations imposed by the Act on candidates for public service appointments include providing the required certificates of character and health as outlined. These certificates must be presented to the Commissioner within the stipulated timeframe, and in the case of medical certificates, from a practitioner approved by the Commissioner if the appointee is based in the capital city or its suburbs. Failure to provide these documents within the designated period, or if they are found to be unsatisfactory by the Commissioner, results in the automatic cancellation of the appointment. Breach of the requirements outlined in the Regulation can result in severe consequences, primarily the cancellation of the appointment. While the Regulation does not specify other offences or penalties, the severity of the consequence—loss of the appointment—implies a significant penalty for non-compliance. This underscores the importance of adherence to the stipulated procedures and timelines for submission of the required documentation.