STATUTORY RULES.
1906. No. 38.
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 as from 1st May. 1906. as a Provisional Regulation.
Dated this seventeenth day of May, One thousand nine hundred and six.
NORTHCOTE,
Governor General.
By His Excellency’s Command,
LITTLETON ERNEST GROOM.
Minister of State for Home Affairs.
———
Telegraph Messengers.
Regulation 199 of the Public Service Regulations is amended to read as follows:—
199. Every applicant for employment as telegraph messenger must be between the ages of thirteen and fifteen years at date of examination. Every applicant nominated for appointment as telegraph messenger must be not less than thirteen nor more than fifteen years of age at his last birthday previous to appointment, and must cease to be so employed when he attains the age of eighteen years, unless in the meantime he has been transferred or promoted to some other position in the service for which he has qualified by passing the required examination. Provided, however, that no person shall be appointed as telegraph messenger in the States of Victoria or Western Australia under the age of fourteen years, unless, in the case of the first-mentioned State, he can if required produce a certificate from the Education Department of Victoria of having attained the standard of education required by the Education Acts of that State.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C 5226.—Price 3d.
Overview
The Statutory Rules 1906 No. 38, enacted under the Commonwealth Public Service Act 1902, addresses the urgent need to regulate the employment conditions for telegraph messengers within the public service. This provisional regulation was introduced to establish specific age requirements and conditions for those applying for and holding the position of telegraph messenger, ensuring that employment was appropriate for the physical and educational demands of the role. The regulation was made with the advice of the Federal Executive Council and signed by the Governor-General, certifying its immediate operational status from 1 May 1906. The primary objective of this regulation is to standardise the employment criteria for telegraph messengers across different states, while also ensuring compliance with local educational standards where applicable.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 specifically applies to individuals seeking employment as telegraph messengers within the Commonwealth public service. The regulation sets forth the age requirements for applicants, stipulating that they must be between thirteen and fifteen years old at the time of examination, and those nominated for appointment must not be less than thirteen nor more than fifteen years of age at their last birthday prior to appointment. Furthermore, employment as a telegraph messenger ceases upon reaching eighteen years of age, unless the individual has been transferred or promoted to another position for which they have qualified through examination. There are exceptions to these age requirements in the states of Victoria and Western Australia; in Victoria, applicants must be at least fourteen years old unless they can provide a certificate from the Education Department verifying that they meet the educational standards set by the state's Education Acts. The regulation, enacted as a provisional measure, came into immediate effect on 1 May 1906.
Key Provisions
The primary operative sections of this provisional regulation, as detailed in section 199, amend the Public Service Regulations to specify the age requirements for applicants and appointees to the role of telegraph messenger. Applicants for this position must be between thirteen and fifteen years of age at the time of examination (Regulation 199). However, for applicants in Victoria, a certificate from the Education Department of that state must be provided, confirming that the applicant has met the educational standards required by Victoria's Education Acts. For applicants in Western Australia, there is a minimum age requirement of fourteen years. Furthermore, once appointed, telegraph messengers must cease employment upon reaching eighteen years of age, unless they have been transferred or promoted to another position within the service.
The obligations imposed by this regulation are primarily concerned with age verification and educational qualifications. Employers must ensure that all applicants meet the specified age requirements and, in the case of Victoria, hold the necessary educational certificate. For existing employees, the regulation mandates that they must leave the role upon turning eighteen, barring any transfer or promotion to another position that meets the qualification criteria. These stipulations are intended to safeguard the welfare of young workers by setting clear boundaries on the age and educational prerequisites for the role.
Failure to comply with these regulations may result in civil or criminal consequences. For instance, employing a person who does not meet the age requirements or lacks the necessary educational certificate could be considered a breach of the regulation. While the specific penalties are not detailed in the text provided, breaches of public service regulations generally carry penalties that can include fines, legal action, or other administrative sanctions. The severity of these penalties would be determined by the relevant authorities in accordance with the broader public service laws.