STATUTORY RULES.
1904. No. 57.
PROPOSED AMENDMENT OF PUBLIC SERVICE REGULATION No. 256.
Public Service Regulation No. 256 at present reads as follows :—
" In the event of a vacancy in the office of Divisional Representative arising from any cause whatever, or where no nomination for the position of Representative has been made, the Commissioner may appoint any officer in the same division, who shall act as Representative until the expiration of the period for which other Divisional Representatives are elected. For the period antecedent to the first election of Divisional Representatives, the Commissioner may nominate any officer of the division to which an appellant or accused officer belongs to act upon any Board of Appeal or Inquiry dealing with his case."
It is recommended that the above Regulation be repealed, and that the following Regulation be substituted therefor :—
" In the event of a vacancy in the office of Divisional Representative arising from any cause whatever, or where no nomination for the position of Representative has been made, the Commissioner may appoint any officer in the same division, who shall act as Representative until the expiration of the period for which other Divisional Representatives are elected : Provided that in the absence of a Divisional Representative arising from any cause whatever the Commissioner may appoint temporarily an officer from the same division to act in his stead."
By Authority : Robt. S. Brain, Government Printer, Melbourne.
C. 10130.—Price 3d.
Overview
The Statutory Rules 1904 No. 57, proposed by the Parliament, addresses the need for amendment in the Public Service Regulation No. 256. This legislative instrument was introduced to refine the process of appointing Divisional Representatives in the event of a vacancy or failure to nominate, ensuring that the division remains adequately represented in the public service. The primary objective of this amendment is to provide greater flexibility and continuity in the appointment of interim representatives, thereby maintaining operational efficiency within the public service framework.
This amendment was enacted to improve the regulation by allowing the Commissioner to appoint a temporary officer in the absence of a Divisional Representative, ensuring that the division is not left without representation. The regulation now specifies that such appointments are to be made from within the same division, aligning with the overarching policy objective of maintaining internal governance and operational stability. The amendment was made by authority of Robt. S. Brain, the Government Printer in Melbourne.
Scope and Application
The Public Service Regulation No. 256 pertains specifically to the appointment and responsibilities of Divisional Representatives within the public service of the Commonwealth. This legislation applies to officers within the public service who may be appointed or nominated to serve in the capacity of a Divisional Representative. The scope of the regulation is limited to ensuring continuity in representation when a vacancy arises or when no nomination has been made, allowing the Commissioner to temporarily appoint an officer from the same division to fulfil this role. The regulation does not extend beyond the confines of the public service, focusing solely on internal appointments and the interim filling of vacancies to maintain operational efficiency. The regulation does not explicitly state exclusions or exemptions, but the necessity for an officer to be within the same division suggests that external candidates are not eligible for appointment. The regulation is a Commonwealth instrument, thereby governing all public service divisions across Australia under federal jurisdiction. Subordinate instruments may further detail the procedures and criteria for such appointments, though these are not specified within the primary text of the regulation itself.
Key Provisions
The proposed amendment to Public Service Regulation No. 256, contained in Statutory Rules 1904, No. 57, introduces a modification to the process for filling vacancies in the office of a Divisional Representative (section 1). The current regulation allows the Commissioner to appoint any officer within the same division to act as a Representative in the case of a vacancy or when no nomination has been made, until the expiration of the period for which other Divisional Representatives are elected (section 1). The new regulation maintains this procedure but adds a provision that allows the Commissioner to temporarily appoint an officer from the same division to act in the stead of a Divisional Representative if such a vacancy arises for any reason (section 2).
The amendment imposes specific obligations on the Commissioner regarding the appointment of officers to act as Divisional Representatives. The Commissioner must appoint an officer from within the same division to fill a vacancy or in the absence of a nomination, ensuring that the role is filled promptly and that there is no disruption to the functions of the office (section 2). Additionally, the Commissioner has the authority to temporarily appoint an officer to act in the stead of a Divisional Representative if a vacancy arises, ensuring continuity in the office’s responsibilities (section 2).
The legislation does not explicitly detail offences, penalties, or consequences for breach within its text. However, any failure to adhere to the stipulated process for appointing a Divisional Representative could potentially lead to legal repercussions under the broader public service laws or regulations. Such breaches may result in administrative penalties or disciplinary action against the Commissioner or the officers involved, depending on the severity and impact of the non-compliance.
In summary, the amendment to Public Service Regulation No. 256 provides a clearer and more comprehensive framework for appointing Divisional Representatives in cases of vacancy or lack of nomination. It ensures that the office remains functional and that the Commissioner has the necessary flexibility to manage such situations effectively. Although specific penalties for non-compliance are not detailed in the text, adherence to these provisions is crucial to maintain the integrity and efficiency of public service operations.