STATUTORY RULES.
1907. No. 61.
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 7th day of June, One thousand nine hundred and seven.
HARRY H. RAWSON,
Deputy Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
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Public Service Regulation 102 is amended to read as follows:—
“In the case of an officer transferred or promoted to any office or grade in the General Division the Commissioner may as a condition of such transfer or promotion define the relative seniority of such officer; otherwise his relative seniority shall be determined by the salary paid to him and by the length of time during which he has received such salary. The salary to be paid an officer so promoted or transferred shall be not less than that received immediately prior to his removal provided that unless the Commissioner otherwise directs it shall not exceed the maximum for his new office or grade.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.7283.—Price 3d.
Overview
The Statutory Rules 1907 No. 61, enacted in 1907, introduces a Provisional Regulation under the Commonwealth Public Service Act 1902 to address immediate operational needs within the public service. This regulation was introduced by the Governor-General in Council, under the urgent circumstances outlined, to ensure that the Commonwealth Public Service Act could be effectively and flexibly administered. The objective of this regulation is to allow the Commissioner to define the relative seniority of officers transferred or promoted within the General Division of the public service, thereby providing clarity and order in the service's hierarchical structure. This provisional measure was crucial in establishing the foundational governance structures necessary for the new Commonwealth public service.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 pertains to officers within the Commonwealth Public Service who are transferred or promoted to any office or grade in the General Division. The Regulation applies specifically to the Commissioner’s ability to define the relative seniority of such officers as a condition of their transfer or promotion. If the Commissioner does not define the seniority, it will be determined by the salary paid to the officer and the length of time the salary has been received. The salary of the promoted or transferred officer must not be less than the salary received immediately prior to the transfer or promotion, although it may not exceed the maximum salary for the new office or grade unless the Commissioner directs otherwise. This regulation is in effect across the Commonwealth, ensuring uniformity in the administration of public service officers. The regulation provides flexibility to the Commissioner in managing the complexities of seniority while maintaining a fair basis for salary determination.
Key Provisions
The main operative sections of this Provisional Regulation under the Commonwealth Public Service Act 1902 primarily concern the redefinition of the rules regarding the relative seniority and salary of officers who are transferred or promoted to any office or grade within the General Division (section 1). Specifically, the regulation allows the Commissioner to define the relative seniority of an officer as a condition of such transfer or promotion. If the Commissioner does not set this condition, the officer's relative seniority will be determined by the salary they have received and the length of time for which they have received it. Additionally, the regulation stipulates that the salary of an officer promoted or transferred must not be less than what they were receiving previously, unless the Commissioner directs otherwise, in which case the salary will not exceed the maximum for their new office or grade.
The Provisional Regulation imposes certain obligations on the parties involved, particularly the Commissioner. The Commissioner is tasked with the responsibility of defining the relative seniority of officers as a condition of their transfer or promotion, if they choose to do so. This allows for a degree of flexibility in managing seniority within the public service. Furthermore, the regulation ensures that an officer's salary remains at least at the level it was before their transfer or promotion, unless otherwise specified by the Commissioner. This provision aims to maintain financial stability for the officers while they adapt to new roles.
There are no explicit offences, penalties, or civil/criminal consequences outlined in this Provisional Regulation for breach of its provisions. The regulation primarily focuses on the procedural aspects of transfers and promotions within the public service, ensuring that officers are treated fairly in terms of their relative seniority and salary. However, breaches of other provisions within the overarching Commonwealth Public Service Act 1902 or related regulations could lead to penalties as specified in those laws. It is important for all parties to adhere to the regulations to avoid any potential legal repercussions.