Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1907, addresses the need for a streamlined and efficient process for the transfer of officers between the General, Professional, and Clerical Divisions within the public service. This legislative instrument was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, due to the urgency of the matter. The policy objective is to ensure that transfers are made based on relative fitness for the duties to be performed and to maintain the salary of officers upon transfer, with the possibility of an increment granted by the Commissioner. This regulation also provides clarity on the seniority of officers transferred prior to the enactment of this regulation, ensuring they maintain their standing based on their subdivision of class and date of entrance.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902 pertains to the transfer of officers from the General Division to the Professional or Clerical Division, contingent upon their qualification through prescribed examinations or eligibility based on prior qualifications. This regulation governs the fitness assessment for such transfers and ensures that officers receive their existing salary upon transfer, with potential for a salary increment as determined by the Commissioner, provided it does not constitute the minimum salary as per Section 25 of the Act. It also applies retrospectively to officers transferred before the regulation’s enactment, on the condition that they have not received a salary increase since their transfer. The seniority of these officers is determined based on their subdivision of class and the date of their entrance into that subdivision. The regulation applies across the Commonwealth, ensuring uniformity in the public service across all jurisdictions within Australia. The scope of this regulation is narrowly tailored to address specific transitional provisions for public service officers within the Commonwealth, excluding other personnel or categories of public service employees not explicitly mentioned. This provisional regulation takes immediate effect and operates as an interim measure, subject to potential amendments or repeals by subsequent legislation or regulations. The regulation itself does not extend its application beyond the specified conditions and provisions outlined, and its enforcement is limited to the public service framework established under the Commonwealth Public Service Act 1902.

Key Provisions

The Provisional Regulation under the Commonwealth Public Service Act 1902, which was urgently enacted on 11th October 1907, primarily deals with the transfer of officers between different divisions within the public service. According to Section 1, officers who have qualified by passing the prescribed examination or are eligible by their classification can be transferred from the General to the Professional or Clerical Division. This transfer must be based on the officer’s relative fitness for the duties they will perform. Importantly, upon transfer, the officer continues to receive their existing salary from the General Division unless the Commissioner decides to grant a higher salary from the subdivision next above the corresponding salary (Section 1). This provision also applies to officers transferred before the enactment of this Regulation, provided they have not received a salary increase since their transfer. The Regulation imposes certain obligations on both the officers and the Commissioner. For the officers, it mandates that they qualify through the prescribed examination or through eligibility preserved by their classification to be considered for transfer. The Commissioner, on the other hand, has the authority to determine whether an officer should receive a higher salary upon transfer or at a later date, as specified in Section 1. Additionally, the seniority of officers transferred from the General Division is determined by their subdivision of class and the date they entered that subdivision (Section 1). The Provisional Regulation does not explicitly state any offences or penalties for breaches. However, it is implied that non-compliance with the provisions, such as unauthorised transfers or improper salary adjustments, could lead to administrative consequences. The regulation, being a provisional measure, would likely fall under the broader legal framework of the Commonwealth Public Service Act 1902, which might include penalties for breaches of public service regulations. However, the specific penalties are not detailed within this particular Regulation.